The Consumer Rights Directive

This will affect your Business when you trade with Consumers.

The Consumer Rights Directive covers contracts for sales of goods and services from business-to-Consumer. Generally all contracts are covered, i.e. purchases made in a shop, at a distance or away from business premises. This Directive came into force on 20 October 2011.

The aim of the Directive is to ensure that Consumers, wherever they shop in the EU, will have clear information on all aspects of a contract before they sign or agree to it. This includes information about the price, any additional charges, late or non-delivery, as well as set out EU-wide Consumer rights on issues such as cooling-off periods, returns, refunds, repairs and guarantees and unfair contract terms, including e-commerce. There is also a requirement for clear information about Consumer rights to be displayed at the point of sale. This is currently not a statutory requirement in the UK.

The Directive should ease cross border trade as all European countries will be bound by the same rules rather than the numerous laws that each country currently has on Consumer rights. This will benefit your business in the long run and will open up new opportunities to trade in the EU.

The Directive does not cover financial services, which are covered by the Distance Marketing Directive.

The impact on the UK Consumer protection laws is far reaching as there is now a plan to merge all existing UK Consumer protection laws and regulations, together with the requirements of the Directive, into a single Consumer Bill of Rights. This will involve the repeal of several UK Consumer protection laws.

The Directive applies to contracts concluded after 13 June 2014 and is expected to be implemented in the UK in 2013.

What action should you take now ?

Review your business approach to Consumers, this inevitably means reviewing all of your trading terms and conditions, and will necessitate re-training of staff. Although 2014 seems a long way off it will be upon you before you know it and if your terms and conditions and your treatment of Consumers does not meet the new legislative requirements your business will be penalised.

Do not ignore this.

Please contact SARA CHECKLEY on 01507 522456 to discuss the impact of this new legislation on your business.

Immigration - Shortage Occupation List, Approved Test Providers, UK Border Agency

The Government recently outlined a change to the Shortage Occupation List.  This change took effect from 14 November 2011.  Please note that there are now two Shortage Occupation Lists in circulation, a list which is valid up until 14 November and one which shall be valid from 14 November 2011, please take care that you consult the correct list. The Shortage Occupation List is part of the Tier 2 Points Based System, which is a lawful route to employment in the UK. Highly skilled workers from outside the EEA wishing to work in the UK must apply for a visa under this route. 

The reason for this change is because specialist jobs that are no longer required in the UK will be removed. The purpose of this list is to ensure that the UK only accept migrant workers that the country needs.

Please also note that amendments have been made to the List of Approved English Language Test Providers for applications made under Tiers 1, 2 and 4 of the points based system and for spouse or partner applications. 

The UK Border Agency has also reported removing over 40,000 immigration offenders in 2010.  It is also worth noting, that from 1 April 2010 until 31 March 2011 that the UK Border Agency caught 73 illegal workers at 39 businesses in Lincolnshire. If you are found employing an illegal migrant worker you could be issued with a civil penalty fine of up to £10,000 for each illegal worker. It is therefore absolutely vital that you have the correct employment checks and records in place.

It is important that you consider your position and what your business needs are and accordingly make effective plans and seek legal advice. 

If you require any further or specific advice then please contact Rebecca Birkett (an Immigration Solicitor) on 01205 310025 or email: rebecca.birkett@chattertons.com.

Please also feel free to distribute this email to any colleagues and contacts that you may have. If they wish to receive this e-mail directly, then please ask them to contact Rebecca Birkett on the details given above with their business contact details. 

Immigration legal up-date

It has recently been announced that from 19th December 2011 the Ministry of Justice will be introducing Appeal fee charges for some Asylum and Immigration Appeals.

Only those who receive a Decision Notice dated 19th December 2011 or later will need to pay a fee.  Any Decision Notices dated prior to 19th December will not need to pay a fee.

Also from the same date, 19th December, any Appeal will need to be lodged with the Tribunal in the UK.  You will no longer be able to submit an Appeal at on overseas Visa Application Centre. 

Further guidance will be published on the Ministry of Justice website in the coming months.

As ever, if you have any immigration enquiries or queries, why not take advantage of our 20 minute free enquiry service and telephone Rebecca Birkett (Immigration Solicitor) on 01205 310025 or email her at rebecca.birkett@chattertons.com.

If you have found this update particularly useful  and would like to be added to our mailing list please contact Rebecca directly.

Skegness Business Forum – Friday 13 January at the Marine Boathouse, Skegness

The next Skegness Business Forum will be held on Friday 13 January at the Marine Boathouse, Skegness starting at 7.30am with a light breakfast.

Mark Simmonds MP has kindly agreed to come along and talk on the following points:

- Macro Economic situation

- Encouraging Economic Growth

- Government Policy to encourage Small Medium Enterprises – Job Creation

- Skills in the workforce

If you would like to book at place please  contact Linda Clark by email linda.clark@chattertons.com or call 01636 673731 by Monday 9 January 2012.

Employment Law and the changes we can expect to happen this year!

1st February.  The definition of a "week's pay" for the purposes of redundancy payment calculations and basic awards in unfair dismissal cases, goes up to £430 per week from £400.   

6th March.  Consultation closes on fees in Tribunals and the Employment Appeal Tribunal

April.  It is expected that the qualifying period for unfair dismissal will increase to 2 years and various other Tribunal reforms will take effect, for example the increase in deposit orders and costs awards.      

Unpaid parental leave will increase to 4 months, and the Working Time Rules are likely to be amended to allow holiday to be carried forward in limited circumstances.   

There will be increases in paternity/maternity/adoption pay, and SSP.  

October.   Pensions auto enrolment begins for larger employers.  The national minimum wage may increase depending on what the Low Pay Commission recommends in February.

There are also likely to be the following developments during the year although we do not know the date when these may take effect.   

                •              Penalties for employers who breach employment rights

                •              Early compulsory ACAS conciliation of all Tribunal claims

                •              Amendment of whistleblowing rules so that disclosures about breaches of         employment contracts are no longer covered

                •              Compromise Agreements to be simplified

                •              Consultation on "protected conversations" between employers and staff about employment issues without a risk of dispute

                •              Consultation on rapid resolution scheme as alternative to Tribunal for low value and straightforward disputes

                •              ACAS disciplinary and grievance code "to be looked at" with a view to a simpler dismissal process

We will keep you up to date will all developments.

If you would like any further information about employment laws please contact a member of our Employment Team.

Happy New Year from the Employment Team

Buying Tickets to Events – Ticket Touts

If you are disappointed because you do not get a ticket to see your favourite band or team, do not be tempted to buy from a ticket tout. There is no law governing the amount that ticket touts can charge for their tickets. So you could end up paying £100 for a ticket originally selling at £5.00.

The best advice is to only buy from recognised ticket sellers and if you are too late to get the ticket that you wanted then weigh up the costs, is it really worth it, as no doubt you will be able to see that band or team at a future date.

If you are at all worried about tickets that you have bought contact Sara Checkley on 01507 522456 or email sara.checkly@chattertons.com for more information on this.

Proposed rates for Statutory sick pay, maternity, paternity and adoption pay for 2012.

The Minister of State for the Department for Work and Pensions, Steve Webb, has announced the proposed rates for statutory sick pay and statutory maternity, paternity and adoption pay for 2012.

The changes expected to come into force on 9 April 2012 are:

• Statutory Maternity, Paternity, Additional Paternity, Adoption Pay and Maternity Allowance will increase from £128.73 to £135.45
• Statutory Sick Pay will increase from £81.60 to £85.85.