The FSB has been calling on the Government to support plans for a Europe-wide sales law that small businesses can use when drawing up contracts within the EU.

Amir Butt, Peterborough Branch Chairman, Federation of Small Businesses, said: “An optional EU-wide sales law is clearly the only way to solve the legal barriers small firms face when selling in the EU – so it is welcome news that this is now proposed. Currently, small businesses could have to spend thousands of pounds on legal advice to get to grips with local laws and they clearly cannot afford this. Without this, small firms could continue to just trade exclusively in the UK, something which would not support the Government’s plans for an export-led recovery.”

Figures from the FSB’s ‘Voice of Small Business’ survey panel show 43 per cent of respondent’s trade cross-border via the internet, however legal or fiscal obligations and sales disputes are barriers to selling online. So it is welcome news that the EU is proposing an optional EU-wide sales law – as 18 per cent of businesses said it would make their life easier.

While the FSB supports the Government’s development of the Single Market it is also concerned that the barriers and burdens small businesses face when looking to trade across borders are putting them off. A quarter of FSB members trade overseas, 87 per cent of them with other EU countries – 14 per cent of which said legal barriers are a disincentive to trade across borders.

The EU sales law will help to fix this and reduce barriers to cross-border trading.

An EU-wide sales law will also encourage small businesses to use contracts. If a small business has a contract, it stands on firmer ground when asking for timely payment under the late payment directive, helping to improve its cash-flow.

Jeremy Collins, mortgage services director for Sharman Quinney, says, “Many couples who live together assume that if one of them dies, the other will inherit everything, but this is not necessarily true. The survivor could end up inheriting nothing – and be homeless – if there is no will in place.”

Even married couples need a will; if you die without one, your spouse will only get the first £250,000 plus the right to income from half of the remainder. Once again, the house could end up being sold so that those who inherit under the intestacy laws can get their share. In this situation, your property will be distributed among members of your family, according to a set order. If you have no traceable family, your property could even end up going to the Government.

Wills can also be used to avoid disputes after your death, to appoint guardians for any children aged under 18 or to minimise inheritance tax bills.

Jeremy continues, “We are delighted to be offering home buyers and existing home owners the opportunity to make a will through our new partnership with Redstone Wills. All instructions are given in writing or by phone and there’s no need to visit lawyers’ offices to make the will if customers are not able to do so.”

To find out more contact your local Sharman Quinney branch.

Stephen holds the respected Society of Trust and Estate Practitioners (STEP) Diploma – the benchmark trust and estate qualification recognised by accountants and tax practitioners.

He has focused exclusively on private client work for seven years. His specialist skills allow him to give advice on preparing on the creation and administration of tax saving lifetime trusts and tax efficient wills. He also manages the subsequent administration of estates and discretionary will trusts. Separately, he advises on lifetime affairs management through Lasting Powers of Attorney (an essential document for every individual), and on tax planning generally for business owners and managers, and those for whom Inheritance Tax is an issue.

Tim Addinell, director and head of Private Client at Greenwoods said: “Stephen is already proving a valuable member of Greenwoods’ Private Client team. His wealth of knowledge along with a professional and yet empathetic approach puts clients at ease. A team player – quite literally – Stephen has seamlessly fitted in with colleagues, business contacts and most importantly of all, our clients. I am very positive about Stephen’s future and am delighted he is part of our growing team. ”

For further information or advice from a member of the Private Client team, contact 01733 887660 / 665 or email sapatch@greenwoods.co.uk

Roberts Starr and Dillarstone

ROBERT Starr has proved his star qualities, securing promotion to associate director at Peterborough-based Greenwoods Solicitors LLP.

Mr Starr, from Greenwoods’ nationally renowned business defence team, advises clients on regulatory and compliance issues, often during the investigation and interview stages after a fatal accident or major workplace incident.

In addition, Mr Starr speaks at conferences and events, updating delegates on topical regulatory issues such as bribery, workplace safety and directors’ duties. He also delivers in-house training to organisations both locally and nationally as well as contributing articles on current issues to the media.

Robert Dillarstone, managing director of Greenwoods, said, “Robert really is a star in nature as well as by name. Clients enjoy working with him and value his analytical approach and ability to ‘get the job done’. Robert is a great asset to Greenwoods’ team and I am delighted to welcome him as an associate director. His promotion is thoroughly deserved.”

THE latest in a raft of changes brought about by the Equality Act 2010 came into force at the beginning of April and companies that have not prepared for them could find themselves in trouble.

The aim of the new laws is to help companies to develop a more inclusive workplace and to make sure staff, especially managers, are better prepared to work more flexibly.

From April 5, 2011 companies are allowed to take ‘positive action’ in recruitment, but in order to avoid challenges and tribunals, it is essential that employers understand the difference between ‘positive action’ and ‘positive discrimination’. Positive discrimination is illegal in the UK.

Also from the beginning of April new parents’ right to up to 26 weeks of additional paternity leave and pay come into force, putting pressure on managers to handle situations flexibly and avoid the risk of discrimination. Company policies and processes need to be updated to support the changes.

Other changes include the abolition of the statutory retirement process, a new single public sector general equality duty that will impact on procurement policies, and the right of parents of children under the age of 18 to request flexible working.

Jon Abbott (above), managing director – ergonomics and safety at Cardinus Risk Management, said, “The introduction of new legislation means significantly higher risks in some areas. Doing nothing is not an option but changing what you do can be a strong competitive advantage; it can cut costs and open new markets.”

To help employers and managers to understand the benefits of equality and a company culture rich in diversity, Cardinus Risk Management and its partner Threshold Initiative have produced a discrimination white paper, Discrimination: understanding and reducing risk, and also devised an e-learning course to address the knowledge gaps and help organisations take advantage of the many opportunities an inclusive culture provides. A special website has been set up at www.cardinussafetylearning.com to provide help and advice to companies that want to improve equality and diversity and eliminate discrimination and harassment.

Cardinus has been developing effective risk management and ergonomics programmes for more than 15 years. Its customers include many of the world’s leading organisations, central government departments and unions.

The Cardinus approach to effective risk management is to apply simple programmes that provide a modular, adaptable solution. For more information about Cardinus products telephone 020 7469 0200, email info@cardinus.com or visit www.cardinussafetylearning.com.

Declaration: NorthLight Media, publisher of Peterboroughbusiness.co.uk, provides PR and media services to Cardinus Risk Management.

PB: Do Andy Gray’s actions amount to sexual harassment?

Robert Dillarstone: Sexual harassment occurs where unwanted conduct relating to sex has the purpose or effect of violating another’s dignity, or creating an intimidating, hostile, degrading, humiliating or offensive environment.

This means that any employee of Sky Sports who heard the comments may have been offended, even if Sian and Charlotte weren’t themselves. Similarly, Gray may not have intended to offend either woman, but if this was the effect, it would amount to harassment.

PB: So Sky was justified in dismissing him, then?

Laura Burke: Even though the comments were made off air, they were still made in the course of Gray’s employment and as such, Sky Sports can be held vicariously liable for them.

Many claim that the comments were just ‘banter’ and par for the course in a male-dominated industry. However, employers cannot be seen to be tolerating harassment and the move to dismiss Gray sends a clear message that such behaviour will not go unpunished.

PB: What about the subsequent claims by Gray?

RD: It is now being reported that Gray has instructed solicitors in relation to his dismissal. As a Sky employee for the best part of 20 years, he will no doubt claim that the dismissal was unfair and disproportionate – particularly in light of revelations that other presenters have also made potentially sexist remarks and Sky Sports has failed to deal with matters consistently. Furthermore, Gray may be advised to claim compensation for damage to reputation and loss of future employment prospects.

PB: What lessons can be learned by other employers from this high profile story and how can employers protect themselves in such situations?

LB: Employers have a potential defence against claims of sexual harassment committed by employees if they can show they took all reasonable steps to prevent the employee from making such discriminatory remarks. Such steps may include:

• Implementing effective and updated equal opportunities and anti-harassment policies;

• Ensuring managers and employees receive adequate training on such policies and understand what behaviour is and isn’t acceptable; and

• Ensuring that complaints are dealt with properly under the correct procedures.

Undoubtedly, Sky Sports found themselves in a difficult situation with such a high profile figure. However, it is a timely reminder that what might be deemed as banter in the workplace, can actually fall foul of discrimination legislation and have serious consequences.

Interestingly, the comments made by Keys and Gray have done nothing to deter women from entering the industry as the FA reports that they had been inundated with calls from women interested in becoming football officials.

Ashley Kidd (left) joins the company department as a solicitor following completion of her training contract at the firm. Ms Kidd will have her own caseload predominantly working on contract reviews and contract preparation, terms and conditions and new business start-ups and will also assist partner Andrew Heeler with his transactional caseload.

Mr Heeler said, “Throughout her training contract Ashley has proven herself a dedicated and commercially focused individual and I am delighted to welcome her to the company department as a qualified solicitor.”

Heidi Bates (right) has joined the criminal team as a paralegal. Ms Bates graduated from De Montfort University in 2009 with a law degree and is currently studying the Legal Practice Course (LPC) at Nottingham University. Heidi’s appointment brings the criminal team to three solicitors and two paralegals.

Sarah Acres, associate and head of the criminal department, said, “Heidi is a welcome addition to a team that provides round the clock advice to those detained in police custody. We look forward to working with her.”

See www.hegarty.co.uk.

Ms Carter joins the company from the in-house legal department of a national supermarket chain where she handled a wide range of employment law issues from tribunals, contract and policy reviews to store closures and redundancies. The environment gave her an in-depth understanding of the wider issues faced by HR management.

Martin Bloom, partner and head of the employment team at Hegarty LLP, said, “As well as her legal expertise, Emma brings to the firm a wealth of training and presenting experience. I am delighted to welcome to the team a solicitor of such high calibre as Emma.”

Ms Carter said, ”I am very excited to be joining a great firm and delighted to be working with such experienced employment partners as Martin Bloom and Tim Thompson. I hope to be able to use my extensive experience of employment tribunal litigation and my in-house employment law background to the benefit of existing and future clients.

“One of my aims is to put together a comprehensive package of training seminars for clients for use at their place of work as a means of raising awareness on employment law issues and minimising business risk.”

Born in Stamford, Ms Carter graduated with a first class honours degree in law from Cambridge University in 1996 and then completed her training contract at a top 20 London law firm. She is a member of the Employment Lawyers Association and can be contacted on 01733 295608 or email emma.carter@hegarty.co.uk.

The event is being held in conjunction with the Spanish Chamber of Commerce and will include presentations from the Spanish Embassy, hc solicitors and Clydesdale Bank. Subjects include trade finance, currency risk management and cross-border debt recovery.

The seminar will end with a questions session followed by a drinks reception and entry is free-of-charge. If you want to secure one of the limited places, call 0207 009 9070 or email: spanishchamber@spanishchamber.co.uk