28
Jan, 2025

It is not always possible to mend fences – Reinstatement is not always a practicable option where there is a breakdown in employment relations

The Employment Appeal Tribunal (EAT) upheld claims of constructive dismissal and disability discrimination against Whyte & Mackay Limited (W&ML) in the case of Mr. Duployen , a former forklift truck and warehouse operator, following his termination.   

W&ML had appealed the ET's decision on several grounds, seeking reinstatement or re-engagement, a higher award for injury to feelings, and any interest due on the awards. However, reinstatement proved impracticable due to the breakdown in relations and, while theoretically possible, it was not reasonable given the circumstances. Although the issue of re-engagement, while not addressed by the ET, is a required step per Sections 113 and 116 of the Employment Rights Act (ERA) 1996, tribunals are not compelled to order either a reinstatement or re-engagement, even though they have the discretion to do so.

The tribunals found that the appellant suffered embarrassment, humiliation and distress as a consequence of the discriminatory treatment by the respondent with a detrimental impact on his mental health.  

This is a cautionary tale for employers and HR departments alike, and the letter of the law should be followed diligently in terms of the Employment Rights Act (ERA) 1996, the ECHR, and the Human Rights Act (HRA) 1998 to avoid claims of discrimination or constructive dismissal, especially given that not all handicaps or disabilities are self-evident.

Source:Other | 27-01-2025
28
Jan, 2025

Understanding the UK’s Bank Deposit Guarantee Scheme

The UK government offers a robust safety net for savers through the Financial Services Compensation Scheme (FSCS). This scheme is designed to protect individuals, small businesses, and charities if a bank, building society, or credit union fails, ensuring greater financial security and peace of mind.

How the Scheme Works

The FSCS guarantees deposits of up to £85,000 per person, per authorised institution. For joint accounts, the protection doubles to £170,000, as each account holder is covered individually. This means that if your bank or financial institution collapses, you will not lose your money up to this limit.

Temporary High Balances

In certain situations, the FSCS provides additional cover for temporary high balances, such as when you’ve recently sold a house, received an inheritance, or a large insurance payout. These balances are protected up to £1 million for six months, offering reassurance during significant life events.

Eligibility and Scope

The FSCS covers accounts held in UK-authorised institutions, including current accounts, savings accounts, ISAs, and certain fixed-term deposits. However, it’s essential to check that the Prudential Regulation Authority (PRA) regulates your bank. Many banks operate under the same authorisation, so splitting funds between accounts at institutions under one licence won’t increase your protection.

Beyond Deposits

While the FSCS is best known for protecting deposits, it also covers investments, insurance, and pensions under specific terms. However, these protections are subject to separate limits and conditions.

Why It Matters

The FSCS strengthens trust in the UK’s financial system, ensuring that consumers feel confident about saving and investing. For more detailed information, you can visit the FSCS website or check your bank’s coverage status directly.

The scheme stands as a cornerstone of financial stability, giving UK savers valuable protection in uncertain times.

Source:Other | 27-01-2025
28
Jan, 2025

Google to Tackle Fake Reviews Following CMA Investigation

In a significant move to enhance trust in online reviews, Google has agreed to implement substantial changes to combat fake reviews, following an investigation by the UK's Competition and Markets Authority (CMA). This initiative aims to ensure consumers can rely on genuine feedback when making purchasing decisions.

Background

The CMA launched an investigation into Google over concerns that it wasn't doing enough to detect and remove fake reviews, address suspicious behaviours, or properly sanction those involved in fraudulent review activities. Given that online reviews can significantly influence consumer spending—with estimates suggesting that up to £23 billion of UK consumer spending is potentially swayed by online reviews annually—ensuring their authenticity is crucial.

Google's Commitments

In response to the CMA's concerns, Google has committed to several key actions:

  • Enhanced Detection and Removal: Google will implement rigorous steps to identify and eliminate fake reviews swiftly.
  • Sanctions for Offenders:
    • Reviewers: Individuals who repeatedly post fake or misleading reviews about UK businesses will have their reviews deleted and will be banned from posting new ones, regardless of their location.
    • Businesses: Companies found to be artificially boosting their star ratings through fake reviews will have prominent 'warning' alerts added to their Google profiles. Additionally, their review function may be deactivated, preventing new reviews. Repeat offenders could see all their reviews from the past six months or more deleted.
  • User Reporting: Google will establish a robust reporting system, allowing consumers to easily flag concerning reviews, including those where incentives were offered in exchange for positive feedback.

To ensure compliance, Google will report to the CMA over a three-year period. This move is part of a broader effort to promote fair practices online and protect consumers from misleading information.

Source:Other | 27-01-2025
23
Jan, 2025

How donations to charity can provide tax relief

Gift Aid transforms charitable donations by allowing charities and CASCs to claim 25p extra for every £1 given—at no additional cost to you. Higher and additional rate taxpayers can also claim valuable tax relief, making giving even more rewarding.

Higher and additional rate taxpayers can claim tax relief on the difference between the basic rate of tax and their highest rate. This can be done through their self-assessment tax return or by requesting HMRC to adjust their tax code.

Example: 

If a taxpayer donates £1,000 to charity, the total value of the donation to the charity is £1,250. The taxpayer can claim additional tax relief based on their tax rate:

  • £250 if they pay tax at 40% (£1,250 × 20%)
  • £312.50 if they pay tax at 45% (£1,250 × 25%)

It is important to ensure that the taxpayer has paid enough tax in the relevant year. Donations will qualify for tax relief as long as the total claimed does not exceed four times the amount of tax paid in that year. If more tax relief is claimed than entitled, the taxpayer must notify the charity and repay the excess to HMRC.

Additionally, taxpayers can make donations directly from their wages through a payroll giving scheme if their employer operates one approved by HMRC. This allows donations to be made tax-free from salary or pension payments.

Source:HM Revenue & Customs | 20-01-2025
23
Jan, 2025

Designating a property as your main residence

Owning more than one property? You can claim Capital Gains Tax (CGT) relief on just one at a time. By formally electing your main residence within two years of property changes, you can optimise your CGT exemption and make the most of key tax benefits.

Taxpayers who own more than one property should be aware of a number of important considerations. An individual, married couple, or civil partnership can only claim Capital Gains Tax (CGT) relief on one property at a time. However, it is possible to designate which property will benefit from the CGT exemption at the time of sale by making a formal election.

To nominate a property as the main residence, a letter must be sent to HMRC specifying the full address of the property being nominated. This nomination must be signed by all owners of the property and the election must be made within two years of any change in the combination of properties owned. Additionally, the property must have been occupied as the main or only residence at some point in the past.

There are specific rules governing overseas properties and for non-UK residents. It is important to carefully consider the timing and frequency of making such elections. Notably, if a property has been used as a private residence at any time, the final nine months of ownership are disregarded for CGT purposes even if the individual was not residing in the property when it was sold.

Source:HM Revenue & Customs | 20-01-2025
23
Jan, 2025

Beware false business rates warnings

The 2023 Revaluation updates business property rateable values, based on April 2021 valuations. While challenges are open until March 2026, beware of false claims about earlier deadlines and unscrupulous agents pushing for quick decisions or upfront payments.

The Valuation Office Agency (VOA) periodically reassesses the rateable values of business properties through a process known as Revaluation. This is done to update the rateable values in line with changes in the property market. The most recent revaluation took effect on 1 April 2023, with rateable values now based on the valuation date of 1 April 2021.

The VOA is aware of false claims that are being made about upcoming deadlines to appeal the 2023 rating lists. These are not true. You should be wary of anyone making these claims.

You are generally able to challenge your property valuation on the 2023 list at any time until March 2026. Any claims of an earlier deadline are false.

You should be cautious of any agent who:

  • tries to pressure you to decide a course of action or sign a contract;
  • makes claims about ‘unclaimed credits’ or similar;
  • says they are acting on behalf of the VOA; or that
  • demands large sums of money up front.

The VOA reiterates that, although the majority of agents are trustworthy and offer excellent service, there is a small minority that operate in bad faith.

Source:Other | 20-01-2025
23
Jan, 2025

Claiming VAT on pre-registration purchases

Businesses can reclaim VAT on pre-registration expenses if they relate to taxable supplies made after VAT registration. The rules differ for goods and services, with time limits of 4 years for goods and 6 months for services. Proper understanding ensures you don't miss out.

VAT can only be reclaimed if the pre-registration costs relate to taxable goods or services that will be supplied by the business after it becomes VAT registered.

Different rules apply depending on whether the costs are for goods or services:

Goods: VAT can be reclaimed for goods still held by the business or for goods used to produce other goods still in possession of the business.

  •  Time limit for reclaiming: 4 years from the date of registration.

  Services: VAT can be reclaimed for services related to the business.

  •  Time limit for reclaiming: 6 months from the date of registration.

Pre-registration VAT should be reclaimed on the business’s first VAT return. In certain cases, it may be possible to backdate the VAT registration. This should be considered if there is additional Input Tax that can be recovered.

There are specific provisions for partially exempt businesses, businesses with non-business income, and the purchase of capital items under the Capital Goods Scheme (CGS). These rules may affect the recoverability of VAT and should be reviewed in detail based on the circumstances of the business.

Source:HM Revenue & Customs | 20-01-2025
23
Jan, 2025

Dealing with company unpaid debts

Unpaid debts can put a limited company at risk of a winding-up petition, potentially leading to liquidation. Creditors may act via court judgments or statutory demands, forcing companies to settle debts. Learn how this process works and the consequences for the business.

A limited company that has unpaid debts, beyond their normal agreed payment terms, can face a precarious future. The people or organisations that are owed money may be able have the company wound up (dissolved) by applying for a winding-up petition. This is a drastic measure and can lead to the company in question being liquidated. This action, by the creditors, can be a powerful motivator for the company to settle its debts before the process is completed.

The creditors can start this process by either:

  • Obtaining a court judgment. A company has 14 days to respond to a court judgment. If the company does not respond to the court judgment within 14 days, the creditors can apply to have the assets seized by a bailiff or sheriff.
  • By making an official request for payment – this is called a statutory demand. A company has 21 days to respond to a statutory demand. The creditors can apply to wind up the company if the company does not respond to a statutory demand within 21 days.

If the court grants the winding-up petition, a liquidator is appointed to sell the company’s assets and pay off creditors. However, unsecured creditors are unlikely to receive full payment, depending on the company's assets.

When a company enters administration, liquidation or receivership, the appointed Insolvency Practitioner is required to post announcements in the London Gazette.

Source:Companies House | 20-01-2025
23
Jan, 2025

Rolling over capital gains

Business Asset Rollover Relief allows you to defer Capital Gains Tax (CGT) when reinvesting proceeds from selling business assets. By rolling gains into the cost of new assets, tax is postponed until the new asset is sold. Learn how this relief can optimise your business investments.

Rolling over capital gains is a useful way to defer CGT when you sell or dispose of business assets.

Essentially, if you use the proceeds from selling an old asset to buy a new one, the gain is "rolled over" into the cost of the new asset. This means you do not have to pay CGT on the gain immediately; instead, the tax is deferred until you sell the new asset. This relief is known as Business Asset Rollover Relief. The amount of the gain is effectively rolled over into the cost of the new asset and any CGT liability is deferred until the new asset is sold.

If you do not use all the proceeds from the sale to buy a new asset, you can still make a partial rollover claim. Additionally, you can apply for provisional rollover relief if you plan to buy new assets but have not yet done so.

Rollover relief also applies if you use the sale proceeds to improve assets you already own.

The total amount of relief depends on how much you reinvest in new assets. There are a few conditions to keep in mind.

  • the new asset must be purchased within 3 years of selling the old one (or up to a year before), though HMRC can sometimes extend this period;
  • both the old and new assets must be used for your business, and your business needs to be trading when you sell the old asset and buy the new one; and
  • claims for relief must be made within 4 years of the end of the tax year when the new asset was bought (or the old one was sold, if that happened later).
Source:HM Revenue & Customs | 20-01-2025
20
Jan, 2025

Investing in new equipment for your business?

Making a significant investment in new equipment can be a transformative step for a business, improving efficiency, productivity, and competitiveness. However, such a decision requires careful planning and analysis to ensure the investment aligns with the business's long-term goals.

1. Cost and Financing

The upfront cost of new equipment can be substantial, so businesses must assess their budgetary constraints. Consider whether the purchase will be financed through cash reserves, loans, or leasing arrangements. Compare interest rates and tax implications of each option and ensure the business can comfortably manage the repayment terms if borrowing is required.

2. Return on Investment (ROI)

Evaluate how the new equipment will impact productivity and profitability. Will it enable cost savings through greater efficiency, reduce downtime, or enhance product quality? A detailed ROI analysis should include all associated costs, such as installation, training, and maintenance.

3. Suitability and Scalability

The equipment must meet current operational needs and be flexible enough to adapt to future requirements. Consider whether the investment aligns with projected business growth and whether it can integrate with existing systems and processes.

4. Technology and Innovation

With technology evolving rapidly, it's important to choose equipment that won’t quickly become obsolete. Assess whether the purchase includes future-proof features, software updates, or warranties that extend its useful life.

5. Compliance and Environmental Impact

Ensure the equipment complies with industry regulations and health and safety standards. Additionally, businesses should evaluate its environmental impact, as eco-friendly investments can lead to cost savings and improve corporate responsibility.

6. Training and Maintenance

Factor in the time and resources needed to train staff to use the equipment effectively. Ongoing maintenance and repair costs should also be included in the financial analysis.

By thoroughly considering these factors, businesses can make informed decisions that maximise the benefits of their investment while minimising risks.

Source:Other | 19-01-2025