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All employers in the UK are required to carry out right to work checks to ensure workers have adequate right to work, prevent illegal working, and ensure that they can establish a statutory excuse against liability for a penalty.

Failure to carry out the checks by Home Office policy could lead to a civil penalty of £20,000 per illegal worker, potentially a criminal conviction for more serious cases as well as an array of other penalties, including no longer being able to sponsor migrants, disqualification as a director or seizure of earnings.

COVID-19’s arrival changed how the right to work checks could be carried out. Our Business Immigration team at DV Solicitors looks at the current right to work rules.

Before COVID-19, the majority of right to work checks were carried out in person. With the sudden introduction of homeworking, the Home Office made the exception to allow checks to be carried out online, but they made it clear that this would be a temporary measure.

However, as COVID-19 has proven to be one of the most unpredictable situations in recent times, the Home Office has been adapting to the uncertainty by extending the deadline. Most recently, they extended the end to their temporary right to work adjustments until 5 April 2022. But what does this mean for employers?

Employers will be allowed to carry out right to work checks remotely via video calls until the deadline. The potential employee can then send accepted document copies by email or an app or use an online right to work checking service if eligible and provide the employer with a share code. One point to note is that any checks made using the COVID-19 right to work rules between 30 March 2020 and 5 April 2022 will not need to be carried out again.

The news is a welcome development for employers, many of whom are navigating the complexities of their workforce returning to the office and comes as the Home Office have announced that they are conducting a review of technology to develop a new digital solution for the right to work checks.

Further development to right to work checks relates to EU nationals. For existing employees who came to the UK before 1 July 2021 from the EU, EEA or Switzerland, it is not necessary to carry out further right to work checks.

However, employers can no longer accept an EU passport or ID card as sufficient evidence of the right to work in the UK for new European employees. Please note that it is not necessary to carry out retrospective checks on existing EU nationals employees.

Should you wish to understand the right to work rules or find out more about which documents a potential employee should provide to prove their right to work, please contact our reception on 01234 350244 to speak to a member of the Business Immigration team.

Putting up a company entails a lot of responsibilities. It’s not easy to run a business, especially if the roles of the key people behind it are not clearly defined. If you happen to be the company director, what are your duties and responsibilities? This article will tell you what you need to know and inform you of your rights and obligations.

Who is a Director?

First, let’s define what a director is. To put it simply, that person manages the affairs of the company. All companies have at least one director. That individual is usually appointed and can either be a “de facto director” or a “shadow director” in which the other directors and staff follow your instructions.

Your Rights as a Director of a Company!

What are the Director’s Duties & Responsibilities in a Company?

As expected, the duties and responsibilities of company directors are varied. That person is expected to perform the following:

What if a Director is Fail to Complete his Responsibilities and Duties?

Directors who fail to do their duties well risk suffering from serious consequences. If found guilty, they can be criminally charged and be imprisoned for five years or fined up to $200,000. They may be disqualified from managing any company in the future. In some cases, erring directors may be held personally liable for company losses.

Many are unaware that being a “de facto” or “shadow director” gives them the same duties as validly appointed directors. This misunderstanding can cause problems later, especially if they don’t know this. Failing to disclose conflicts of interests is another common problem that directors may face. Directors must also take steps to monitor the company’s solvency, cash flow, and debts or risk being liable for future debts.

If you are confused about your rights and responsibilities as a company director, get in touch with the friendly lawyers of Deo Volente (DV) Solicitors in Bedford, UK. We will gladly provide you with the information you need so you can act accordingly. Don’t hesitate to call us for clarification. We are here to help.

For more information, visit dvsolicitors.com, call 01234 350 244, or email info@dvsolicitors.com.

The last year has presented some extreme and firsthand challenges in the business world, where every business owner had to deal with the unexpected, no matter the company size.

The year 2020 fetched a level of uncertainty that none of us saw coming. This has made it very challenging for most organisations that needed to immediately pivot business models and operational processes to stay agile to the new circumstances. 

While there are industry-specific issues and vary on the business model, the following list portrays the most common legal issues that many UK business owners faced throughout last year.

Things can be too frantic and fast-paced in today’s modern business operations and can cause legal complications if proper documentation is not drafted to avoid any arising legal issues. 

For this reason, preparing appropriate documentation and seeking legal consultation from a business litigation solicitor is necessary to avoid any lawsuit that can place your organisation at stake. 

Typically the second most significant cost of any business, whether big or small, is legal fees. The cost of legal services is one of the main factors small business owners elude hiring a solicitor until it is almost too late. 

However, many business owners do not really understand the significance of having efficient and proper legal representation. They are not fully aware of the massive benefit and advantage of getting legal support to the business.  

That’s why establishing your legal matters efficiently should be on top priority.

How Our Business Solicitors in The UK Can Help You?

With Deo Volente Solicitors, you can streamline all legal matters surrounding your business. 

Our Business and Commercial litigation cover all aspects affecting the establishment and operation of your business. This includes corporations, partnerships, tax law, competition and consumer law, property, and employment law, impacting the overall business.

We Have Been Assisting Small to Large Businesses to Succeed in all Aspects for More than a Decade.

Our Business Litigation Solicitors team can work with you and your accountant to get the structure right and optimize your business’s operation and contracts. 

We will support you by seizing every opportunity, managing risks, and putting in place the most tax-effective structure whilst operating the business and when you want to exit.

Repeatedly recognised as one of the leading dispute resolution solicitors in the UK, our litigation team is skilled in remaining focused on your end goal and applying good commercial sense throughout.

Our specialist firm is noted for resolving complex disputes for major British banks and financial institutions, leading insolvency firms, multinational property, construction companies, and disputes, whilst advising clients across various industries. 

We carefully listen and question our clients and promptly present an objective assessment of your position, align that assessment with your end goal and recommend immediate steps to be taken.

Get in touch with us today and speak about your business matters to one of our commercial solicitors. 

You Are in Safe Hands. 

We will be with you from start to finish. 

The novel outbreak of coronavirus has been widely reported to have a huge impact on businesses where they may not be able to satisfy their contractual obligations and may face legal action as a consequence.

But whether the virus can be classed as a Force Majeure event is one which is strictly interpreted by the English Courts. A force majeure refers to a clause in contracts where liability can be prevented for natural and unavoidable disasters which restrict parties from fulfilling their obligations.

Can you rely on a Force Majeure clause if you fail to fulfill your contractual obligations?

This is a question which will be at the forefront of many businesses. To begin with parties to a contract will only be able to consider force majeure if there is an express clause in their contract. Note that a force majeure clause cannot be implied into English law contract. Albeit even if there is an express force majeure clause in a contract, this does not mean that the clause can be relied on to protect against claims for non – performance as a result of corona virus. Due to the strict approach of the courts, it will be necessary to carefully analyse the clause.

Therefore if you are someone who has been affected by this or are worried you will be unable to satisfy your contractual obligations, feel free to give us a call to schedule a 30-minute free consultation on 01234 350 244.

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