Legal Insights

Employee, consultant, worker, director? Responsibility for worker tax status transfers to employers

Posted by Chris Robinson in Excello Law Blogs on Thursday, November 14th, 2019

Changes to the IR35 tax regime, in force for some time in the public sector, are being extended to private sector employers from 6 April 2020. IR35 Responsibility for deciding tax status is being shifted from the service company to the ultimate employer, under the Off-Payroll Working Rules. Many consultants, directors and other workers wanting […]

Read More

First disqualified director compensation order – banned directors can now be made to pay creditors

Posted by Chris Robinson in Excello Law Blogs on Thursday, November 14th, 2019

A director has been ordered to pay over £500,000 in compensation to creditors of a company who suffered from his misconduct, in the first compensation order made under the director disqualification regime. Where a disqualification order has been made, the director can now be ordered to compensate creditors, even if the liquidator is unable or […]

Read More

Bank liability for fraud – negligent bank responsible even if payments are authorised per the mandate

Posted by Chris Robinson in Excello Law Blogs on Thursday, November 14th, 2019

The Supreme Court has affirmed a decision that a bank is liable to refund a customer for a fraudulent transaction otherwise properly authorised in accordance with the bank mandate, if the bank was negligent in not recognising and blocking the fraud – the “Quincecare” duty: “the bank should refrain from executing an order if and […]

Read More

Auditors could have unfettered access to internal business processes to avoid another Carillion

Posted by Anca Thomson in Excello Law Blogs on Monday, September 9th, 2019

According to the Chartered Institute of Internal Auditors (IIA), companies could avert another Carillion-style disaster by providing internal auditors with “unrestricted access” to the workings of their businesses. Auditors should also be allowed to attend all executive committee meetings, a new draft code from the IIA proposes. The draft code has been published as part […]

Read More

Supreme Court rules for employer over non-compete contractual clauses

Posted by Karen Coleman in Excello Law Blogs on Tuesday, August 13th, 2019

A recent UK Supreme Court decision will help employers to enforce contractual clauses that restrict employees from leaving to work for their competitors. However, employers should be careful to ensure that such clauses – known as non-compete clauses – are not unduly broad or unreasonable. The ruling will be welcomed by employers, since non-compete clauses […]

Read More

Gig economy workers’ rights demand a global approach

Posted by Hina Belitz in Excello Law Blogs on Thursday, August 8th, 2019

British people increasingly work in temporary positions and on short term engagements: part of a fundamental global shift in the way we work. The domestic gig economy has seen the number of workers more than double in number since 2016, according to a recent report from the TUC and the University of Hertfordshire (conducted with […]

Read More

GDPR: one year old and ready to grow (adult) teeth

Posted by Andrew Humphrey in Excello Law Blogs on Monday, August 5th, 2019

The deadline of 25th May 2018 is deeply ingrained in the corporate psychology of businesses across Europe. That was the deadline by which they strained every sinew to audit their systems, update their data-protection processes, and upgrade their security in order to meet the requirements of the EU General Data Protection Regulation (GDPR). The most significant […]

Read More

Closing the gender pay gap needs more than the final ideas of Theresa May

Posted by Sarah King in Excello Law Blogs on Monday, July 22nd, 2019

Theresa May has spent her final few weeks in office trying to salvage a meaningful prime ministerial legacy from the long shadow of her failed Brexit strategy. Part of this effort is her plan to introduce 12 weeks’ paternity leave for new fathers, as part of her drive to reduce the UK’s gender pay gap. […]

Read More

Probate modernisation – help or hindrance?

Posted by Emma Gadsden in Excello Law Blogs on Wednesday, June 5th, 2019

Since January 2019, HM Courts and Tribunals Service’s (HMCTS) has outsourced key parts of its probate function to a private company called Exela, which it says has “30 years of experience in the bulk scanning industry”. Exela has been contracted to scan wills and issue grants of probate digitally. At first glance, the new online […]

Read More

Restaurant chain collapses highlight extent of company directors’ personal liability

Posted by Steve Thomas in Excello Law Blogs on Wednesday, June 5th, 2019

The restaurant business has always been notoriously precarious. Fashionable one year and passé the next, restaurants are subject to rapidly changing consumer taste.  In the last two years, well-known chains such as Carluccio’s, Prezzo, Byron Burger and Gourmet Burger Kitchen have closed numerous outlets amid rising costs from higher wages, an increase in property taxes […]

Read More