July 2011 Archives

Sell Cell Sel

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Ever wondered why some products sell better than others? Well web entrepreneur, Charles Duncombe, the man behind the Just Say Please group, has found that just a single spelling mistake on an online shopping page can halve sales of that product.

Apparently, Duncombe tracked visitors to his website and found that revenue doubled on a given product once a typo had been corrected.

Duncombe reckons that online traders are losing millions of pounds each week, if not each day, because of poor standards in spelling. Duncombe thinks that it's all down to trust which bad spelling doesn't engender. Good spelling convinces visitors - in the six seconds that websites have to capture visitors attention - that a firm, and its website, is reliable and trustworthy.

Not unsurprisingly, Duncombe finds it hard to recruit the right staff - many applicants think it a good idea to use text-speak on covering letters and others can't spell without a spell checker.

Let's hop that ther are no erors in this blog.

Name and shame

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Businesses that are serious late payers are causing their suppliers unnecessary hardship and misery according to the Forum of Private Business.

Many companies are afraid to speak up because they fear losing work and business. However, the FPB has a Late Payment Hall of Shame where users can anonymously name and shame those who are turning the screw.

To enter a late payer into the hall of shame, the FPB are asking for email to be sent to campaigns@fpb.org together with any background information and copies of correspondence. 

Good luck.

Submission omission

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Anyone who pays tax on a self assessment basis - the rich, entrepreneurs or those with abnormal financial affairs - know that they have to pay tax on account. For the tax year 2009/10 as an example, they'll make payments on 31 January and 31 July 2011, with a balancing payment on 31 January 2012 once the tax return has been accepted by HMRC.

To aid prompt payment, HMRC sends out statements to taxpayers telling them of their liabilities. However, it appears that HMRC hasn't ordered enough paper for these statements because more people than normal require a reminder. As result the statements will be going out in August - later than the 31 July payment deadline. To allow for this, so long as payment is made within 30 days of the statement being sent, no interest or penalty will be charged.

A little common sense that if pushed to the wire can help earn a little more interest on HMRCs money.

Are you becoming a bank?

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According to the recently released SME Finance Monitor, only two-thirds of small firms (that is, those with fewer than 10 employees) are getting the finance they need. A third of small firms are turned down when they apply for loans. 

But in fact the news for small firms is worse than the statistics suggest, because half of the small firms surveyed said they wouldn't even apply for a loan in the first place. Why? Because they think they will be turned down.

Widespread mistrust of banking institutions hasn't been helped by the disappearance of old-style branch banking. 

The banks need to get it right. But in the meantime firms are relying on other sources of finance, including factoring and leasing - and extended payment terms too. Watch out, that SME may be using your credit line as a bank!

Illegal workers face fair dismissal

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Over recent years employment law has been tightened to the point that employers caught with staff who are without the right to work in the UK risk a £10,000 fine per employee caught. A serious matter. So can an employer dismiss someone where they have questions of their right to work in the UK? The short answer is 'yes'.

The point is illustrated in the case of Kurumuth v NHS Trust North Middlesex University Hospital. Here the Employment Appeals Tribunal held that it was reasonable for an employer to dismiss an employee when they had doubts over their right to work in the UK. 

Following the introduction of a new points based system for establishing entitlement to work, the employer made checks via the UK Border Agency and took legal advice. The employer formed the view that there was no evidence that the claimant had any right to work, and so dismissed her.

The employee brought a claim for unfair dismissal and because of an absence of any procedure the Employment Tribunal interestingly ruled that the dismissal was procedurally unfair and awarded her a basic award. However the dismissal was otherwise substantively fair and that the lack of procedure made no difference to the outcome and so declined to award any compensatory award.

The EAT agreed with the tribunal's decision and said that they employer was entitled to err on the side of caution and dismiss.

The case highlights the importance of conducting a reasonable investigation before reaching a decision to dismiss based upon concerns over an employee's immigration status.

Say a prayer?

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Everyone is entitled to their beliefs, religious or otherwise, but how far does this extend to the workplace? A recent decision in Cherfi v G4S Security Services Ltd, saw the Employment Appeals Tribunal uphold a Tribunal decision that a security services firm had not indirectly discriminated against an employee by refusing permission for him to attend Friday prayers at a local mosque.

The firm had just won a new contract that specified the number of guards to be present on the client's site during shifts. This meant that the previous practice of allowing the muslim employee time off to attend Friday prayers was unsustainable; financial penalties and the loss of the contract meant that the time off practice had to end. The employer did offer to move the Friday shift to a weekend to allow the employee Friday's off but this was rejected.

So whilst the employer had applied a "provision, criterion or practice" that was potentially indirectly discriminatory to the claimant as a Muslim, it was a "proportionate means of achieving a legitimate aim", that is the operation of the employer's business.

Finding good graduates

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School's out for summer - great news for some but for others, the entry into the world of work made hard by the sheer pressure to find a job against the odds. Research from High Fliers reckons that in 2010-11 some 343000 graduates were chasing jobs, up by a third on the previous year.

So in a buyer's market, what are the top tips to recruit the best graduates? According to sources, employers should be looking for:

Experience - do they have an understanding of the real world of business?
Unpaid work - does the candidate have a social conscience?
Other activities - has the individual been involved in clubs etc?
Grades aren't all - do you want well honed people or technical top flight graduates?
Self assured - how do they relate with others in a team environment?
Research - can they be bothered to find out about your business?
Professional - are they punctual or well dressed?
Out of the box - have they used their initiative in some way?
Motivation - have they a good reason for wanting to work for you?

The warm body approach - the first person through the door - just isn't good enough anymore. I wonder what Lord Sugar would think?

Grasping the nettle

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The Government - no matter which party runs it - has been, and still is, perplexed as to how to reform Income Tax and National Insurance Contributions. The ideal situation is an integration of both - but how?

That's where the call for evidence comes in as the Government seeks the opinions of taxpayers and accountants alike.

Presently the two taxes differ in the definitions of income; Income Tax is annually assessed whilst NICs are weekly or monthly; the different sub-types of NICs that include Class 2 and 4 for the self employed; and the link between NICs, pensions and other contributory benefits.


They just don't give up

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It wasn't that long ago - March 23 - when BusinessMan reported that HMRC was warning taxpayers about phishing emails being sent out by fraudsters. Well HMRC is again alerting taxpayers to be on their guard against more of the same.

This time the email informs the recipient they are due a tax rebate, and provides a click-through link to a cloned replica of the HMRC website. The recipient is asked to provide their credit or debit card details. Fraudsters then try to take money from the account using the details provided.

Since the beginning of April, more than 46,000 phishing emails have been reported by customers. During the same period of time HMRC helped shut down more than 150 scam websites.

HMRC say that they only ever contact customers who are due a tax refund in writing by post. They don't use telephone calls, emails or external companies in these circumstances.

HMRC strongly advises taxpayers to check the advice published at www.hmrc.gov.uk/security/index.htm to see if the email received is listed;
 forward suspicious emails to HMRC at phishing@hmrc.gsi.gov.uk and then delete it; not to click on websites, links contained in suspicious emails or open attachments; and follow advice from www.getsafeonline.co.uk.

EU goes mobile

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You may well already be aware that the European Union's efforts to bring down the costs of using a mobile overseas (but within the EU) have led to price caps on what the network operators can charge. Well from 1 July another - lower - price cap has been implemented and there are more are to come.

The new cap means that from 1 July, no operator can charge more than 32p+VAT/minute to make a call or charge more than 10p+VAT/minute to receive a call.

The EU's action follows the failure by the network operators to voluntarily reduce their costs. Part of the problem, as the EU sees it, stems from the fact that users are prevented from using a cheaper operator when roaming because of contractual tie-ins.

The news for consumers is that things will get even better in the medium term as the European Commission has just adopted a report containing proposals on a long term solution to high call rates. The report says that whilst the EU can force price cuts, the market doesn't allow for competition. The report wants to allow consumers to be able to choose roaming services at prices close to domestic charges. In plain English, this means that from 1 July 2014, consumers will be able to sign up for (cheaper) roaming contracts that are separate from their domestic calling plan. 

Good news eh? Yes, if you're a consumer. No if you're a network operator.

Data Protection Audits

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According to a just released annual report from the Information Commissioner's Office, private companies reported the greatest number of data security breaches - 186 out of 603 - during 2010/11.

Data security breaches are defined by the ICO as an incident that results in the 'loss, release or corruption of personal data' and surprisingly, there is no legal obligation to report the event - only a voluntary scheme to report.

Despite the relatively high proportion of incidents involving private sector businesses, only 19 per cent of businesses contacted by the ICO took up the offer of a free data protection audit. That compares badly to the 71 per cent of public sector organisations who took the offer.

The ICO is trying to portray that an audit doesn't indicate any form of guilt; indeed, it wants the audit to be a 'badge of honour'.

World Trade Register - is it a con?

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fraud concept.jpgHere's a question for you.

What would you do if you received an unsolicited email stating that "in order to have your company inserted into the World Trade Register's 2011/2012 directory, please print, complete and return the enclosed to the following address" and which had at the end a tag which said "updating is free"? 

Would you do as you were asked, thinking it could do no harm as the deal mentioned no charges? Or would you junk the email?

A round of applause to those who say they would reach for the delete button. It appears that we're looking at a very well put together round robin which lulls its victims into a three year, €995 per annum contract.

The detail is in small, hard to read, print at the end and nicely proves the point that you really should read every word before you sign something.

You have been warned.

Consumer legislation to be reformed - for the better?

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Under proposals set out in a new consultation, Empowering and Protecting Consumers, ministers want to see a simplified system of consumer protection with public funding concentrated on two bodies that consumers already turn to for advice - Trading Standards and the Citizens Advice service.

The paper also sets out plans to strengthen the leadership and coordination of Local Authority Trading Standards Services in tackling difficult cases that cross local authority boundaries.

The consultation will run for 14 weeks until the end of September. Note that consumer policy is not devolved to Scotland or Wales therefore the consultation applies in both those countries. However consumer policy is devolved in Northern Ireland and so this consultation does not apply there.

Protect and survive (if you're a small business)

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Small and medium sized businesses can now benefit from legislation that came into force on 14 June which will help them protect their patent and design rights. 

The legislation, The Patents County Court (Financial Limits) Order 2011, sets up a damages cap of £500,000 for claims made in the Patents County Court. This means that small companies claiming damages up to that amount are less likely to need potentially more expensive trips to the High Court.

The Order creates a clearer definition of what disputes can be heard in the PCC and which ones should go to the High Court. Previously, a business with a case worth less than £500,000 could face litigation in either court with unknown levels of financial risk. The change in law will ensure that lower value, less complex cases, which would typically involve small businesses, will automatically fall within the jurisdiction of the lower, cheaper PCC.

The effectiveness of the new damages cap will be monitored with a formal review in 2014.
The Government is planning to expand the law further so the damages cap will cover cases of copyright and trade marks in the PCC.

Good news for employers, not so good for the pregnant

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The latest round of discussions at the Employment, Social Policy, Health and Consumer Affairs Council of Ministers meeting in Brussels on the Pregnant Workers Directive has come to a grinding halt. 14 Member States, including the UK, intervened in the Progress Report and expressed their concerns about the European Parliament's proposals for 20 weeks of maternity leave at full pay. Luckily for employers, discussions on the proposed Directive can go no further unless Ministers agree a common position.

A spokesman for the Government said that 'this is a good result. The fact that so many other Member States have echoed our worries sends a clear message that this one-size-fits-all measure is not in the best interests for Europe and certainly not in the best interests for the UK.'

The next step? That's down to the Member States agreeing on a united position, no doubt with a get out for the UK and that could take some time.

Intern doesn't mean free

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Are you a business that uses interns to lower your employment costs in exchange for some on the job training? If so, you ought to note that there's been another successful Tribunal pay claim by an unpaid intern.

The National Union of Journalists, has been campaigning for interns to be paid, and they have reported that a woman working full days for a website company who supervised others and even hired interns herself, was found to be a "worker" (and therefore entitled to the minimum wage and holiday pay).

It appears that the woman was doing much more than work shadowing. The national minimum wage guidance indicates that if there is an obligation to perform tasks, or if the placement could lead to permanent or paid work on completion, the line between unpaid volunteer and worker is likely to have been crossed.

Financial Ombudsman Service to help more

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Individuals and small businesses (with a turnover of less than €2 million and fewer than 10 staff) can go to the Financial Ombudsman Service for redress should they encounter a problem of maladministration with a financial institution. If a ruling is made in favour of the complainant the FOS could order the institution to pay compensation of upto £100,000. 

The Financial Services Authority has just confirmed its intention to increase the Financial Ombudsman Service's jurisdictional award limit from £100,000 to £150,000 on the basis that they want to ensure the protection offered to 'consumers' has not declined in real terms.

The old limit was set in 2001 and the new jurisdictional limit will apply to all complaints referred to the FOS on or after 1 January 2012.

It is also important to bear in mind that, as a result of a court ruling in November 2010, a complainant who accepts a final decision from the FOS is bound by it and will not subsequently be able to bring a civil claim to recover any losses above the FOS' jurisdictional limit.

A lack of proper discipline

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There's many an employer that has wondered if an employee is skiving, and for some employers it must be really tempting to start covert surveillance of an employee. However a recent case - Pacey v Caterpillar Logistics Services (UK) Ltd - illustrates that doing so isn't always straightforward.

Mr Pacey worked for Caterpillar Logistics Services UK (Caterpillar)  and he suffered a back injury whilst at work in November 2009. Caterpillar's insurers didn't believe the extent of Pacey's injuries and set him up to be covertly filmed. He was subsequently filmed clearing ice from his car, driving the car, carrying shopping and walking his dog. When he returned to work in January 2010, he was accused of gross misconduct for falsely claiming sick pay.

Pacey's response was that his GP had advised him to take light exercise. A GPs letter confirmed this. Caterpillar then wrote to the GP, noting what Pacey was doing in the film (but not showing the GP the film), and asked whether it was consistent with Pacey's injuries. This again was mostly confirmed by the GP. Caterpillar then dismissed Pacey, suggesting that he was lying.

The Employment Tribunal found the dismissal unfair. It was "incomprehensible" that Caterpillar had not obtained medical evidence from its own occupational health doctor (who had said that Pacey was unable to work), or indeed any doctor at all. A lay person watching the video was not qualified to assess Pacey's injury.

It seems that Caterpillar had "cherry picked" the GP's answers, taking no account of comments that Pacey seemed genuinely in pain and he had never had reason to query his absences in the past. The employer's mistake cost it £49,715. An expensive lesson indeed.

Fraud pays (if you don't get caught)

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The man on the shop floor is sometimes pilloried as lazy good-for-nothing who'll steal when the moment arises. Yes, sometimes this is true. But what most people are missing is that it's quite often the bosses who are committing the biggest and most audacious thefts and frauds. It's just that they only come to light when a firm goes down, if an auditor strikes lucky or if someone blows the whistle.

According to KPMG in their report 'Who is the typical fraudster?', board members of divisions, subsidiaries or corporates commit around 20 per cent of frauds. Further, CEO or MD office holders saw their contribution to the fraud statistics rise from 11 to 26 per cent between 2007 and 2011.

To get the stats, KPMG looked at some 348 cases in 69 countries where many of the cases haven't been made public.

Typically, the fraudsters are male, aged 36 to 45 and commit fraud against their employer. They also tend to work in the finance function or a similar role, sometimes for 10 years or more.

In other words, it's the quite, nose-to-the grindstone employee who you need to watch out for.

HMRC picks on small firms...again

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According to the Association of Taxation Technicians, HMRC is showing an undue level of interest in small businesses. Indeed, HMRC apparently has plans to check the records of 50,000 small businesses during a six month trial period to ensure that they are 'adequate' for tax purposes.

Clearly good practice when it comes to book-keeping is good for everyone, but it appears, so say the ATT, that HMRC staff undertaking the checks don't have enough experience or knowledge to carry out these checks properly.

Even worse, where records are found to be adequate, the business could still be targeted for enquiry using HMRC's new Single Compliance Process. SCP is meant to be simpler and less drawn out as information is shared between HMRC and the taxpayer, but it's still not going to be a pleasant experience.

Can pay won't pay?

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There seem to be a lot of survey's around at present and another, from Sage, has suggested that despite some improvements in the state of the economy payment times are slipping even further.

Sage's monthly Omnibus survey found that more than a third of small business owners reckon that payments are taking longer to come through and 30 per cent say it's hurting their cashflow.

A similar survey from BACS indicated that the average time to wait for payments is 39.5 days beyond invoice terms. As you'd expect, the biggest firms are the worst to pay.

Interestingly, despite having the legal right to do so for some years, only 10 per cent are considering charging late payment interest.

Call for evidence

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The Löfstedt Review into health and safety legislation, announced by the Government in March, has issued a call for evidence, inviting views from all interested parties on the scope for reducing the burden of health and safety regulation on UK businesses whilst maintaining health and safety.

The review will consider the opportunity for combining, simplifying or reducing the approximately 200 statutory instruments that are owned by the Health and Safety Executive by learning lessons from health and safety regimes in other countries, and considering the extent to which regulations have impacted on positive health and safety outcomes and businesses; and by looking at unreasonable outcomes, or inappropriate litigation and compensation and anything that has unnecessarily enhanced the requirements of an EU directive.

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This page is an archive of entries from July 2011 listed from newest to oldest.

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