Legal guides

Guide to community interest companies and companies limited by guarantee

Two common entities used for not-for-profit or community orientated organisations are the company limited by guarantee and the community interest company (“CIC”). As the names suggest both types of entity are limited companies (a CIC is a special type of company and may be either a company limited by guarantee or a company limited by shares). This guide covers some of the key characteristics of the company limited by guarantee and the community interest company.

Guide to disciplinaries and grievances

It is important for employers to ensure they follow a fair process when conducting either a disciplinary or grievance hearing as any mistakes could lead to a claim being brought by an employee. When should the disciplinary process be applied? What disciplinary process should be followed? Who should conduct the disciplinary hearing? What is a grievance? What grievance process should be followed? This guide answers all of these questions and more.

Guide to gross misconduct

What is gross misconduct? Conduct so serious as to justify summary dismissal of an employee. Summary dismissal means the employee will not receive notice or any payment in lieu of notice. Acts of gross misconduct can include theft, fighting, serious negligence, breaches of health and safety and indecent behaviour, This guide covers everything you need to know about gross misconduct including how tribunals decide if a dismissal for gross misconduct is fair and what procedures an employer should take when dismissing an employee.

Guide to Lasting Powers of Attorneys

Have you ever considered what would happen if you became physically and/or mentally incapable of managing your affairs? When you plan for the future it is sensible to plan for as many eventualities as possible. A Power of Attorney can help in many situations. For instance, it may come in useful if you are away from the country for long periods, or if you suffer an illness or accident which means you are not able to manage your own affairs.

Guide to inheritance tax

What is inheritance tax? Inheritance tax (IHT for short) is levied at a flat rate of 40% on the value of an estate, less certain exemptions. The most important of these exemptions is a tax-free allowance of £325,000 (known as the 'nil rate band'). A taxable estate typically includes the value of the family home. An estate is liable for tax on assets owned worldwide if the deceased was UK domiciled or deemed domiciled for IHT purposes. The government has decided that the nil rate band will be frozen at £325,000 until April 2015.

Guide to giving references

Are employers required to provide a reference? There is no legal obligation on an employer to provide a reference. However, where a reference is provided, employers have a duty to be truthful, accurate and fair and must not give misleading information as this could potentially lead to claims being made against them by both the ex-employee and the recipient of the reference. This guide contains information about giving references including the liabilities, sensitive information and disclosure.
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