I justed wanted to take this opportunity to wish Richard Houldsworth from Splatt Print all the best in his new role as Chairman of BRX Bond Street. Bond Street is blessed with a terrific bunch of members all of whom have supported me over the past twelve months.
Mike Nightingale. Green Park Insurance Services
I am not wring this with any claim that I am ‘Twitter Expert’ or a so called ‘Social Media Guru’, all of that scene make me feel quite uneasy, what I will say is that Twitter is another great avenue in developing new business contacts and like-minded friends – so why not sign up? Want proof it can help generate business?
Dell has earned £3million from Twitter
There are no rules on how to use it, there are tips (http://www.twitip.com/), but to be honest they can go out the window after a few beers on a Thursday night! Twitter is a platform foremost, it was never set-up to really do anything and you just need to get in there amongst it, follow people who you finding interesting, most follow back. Engage in dialogue with retweets, @replies and industry tips… but don’t just broadcast.
Twitter is about the ‘realtime’ web which is very much a focal point on the ‘internets’ right now, as Caroline mentioned the other week, Google is focusing on ‘trends’ and that links in to the realtime web theory. Leading news stories are often broken first on Twitter which has some broadcast outlets concerned. I found out about Michael Jackson death whilst viewing my stream at Seattle airport, it was verified and confirmed right there on my handset… On Twitter I get animation news, technology developments and local gossip….
Want to know Twitters dirty secret? Meet ups, there is loads of them, I go to a local one in Hackney which is fab (#twee8), there’s also Twestival, Cosy Tweetup, Ale 2.0, Shoreditchtwit and OpenSoho … all great networking opportunities.
Use bit.ly URL shortener for live stats, I would recommend setting up an account and keep track of them. They themselves run in real-time, and if you put an offer out there, say a discount for a product or service exlusively via Twitter, you can watch it being clicked on/ retweeted all via the dashboard.
Tweeting via mobile applicatiions is probably the most convenient, you could use Tweetdeck, Tweetie for the iPhone, Uber Twitter or Twitterberry for the BlackBerry, or Dabr from mobile web.
For web applications; Brizzly is pretty good for managing several accounts, but as Mike Segall mentioned give FriendFeed a try too.
Hope you find that of some use. @3djamie or @slicedbreadanim me if you have any further questions.
From Paul Marmor representing Sherrards Solicitors
With snow causing widespread travel chaos across the UK, how should employers handle staff absences?
For the third time in a year, heavy snow fall has brought widespread travel chaos to the UK and businesses are suffering the effects of enforced staff absences. Employers are left counting the cost of the lost days, and forecasters predict more bad weather to come.
Organisations such as the TUC and CIPD are urging employers not to play “Scrooge” by trying to force employees to get into work or threatening to dock their pay if they fail to come in. However, the financial burden on an employer can be significant. So, what exactly are employers’ obligations in this situation?
Do I have to pay employees who are unable to get into work due to travel difficulties?
Take a look at your employment contracts and Employee Handbook. These might specify whether an employee is entitled to be paid on “snow days”. If they are silent, however, then the default position is that the obligation is on the employee to get into work, regardless of any travel difficulties caused by the weather or otherwise. If they do not attend, they are on unauthorised absence and they are arguably not entitled to be paid.
Be careful, however, if you are going to take this approach. Firstly, there is a potential that the employee can argue that failure to make payment in these circumstances is an unauthorised deduction from wages (assuming this is not covered in the employment contract). The defence to this would be that there was no entitlement to pay as no work was done, but it may be an argument you would prefer to avoid. Secondly, you should assess whether the financial benefit of withholding pay is outweighed by the impact on staff morale and productivity. This is particularly so if the weather and travel conditions are extreme and, even with the best of intentions, employees are unable to get in.
Above all, you should ensure that your approach is consistent. Ideally, tell staff in advance (in written format, e.g. memo or email) what your approach is going to be or, even better, have a “Bad Weather Policy”. Consider whether employees are able to work from home or whether alternative travel arrangements can be made. Otherwise, clearly explain to employees that either: (a) any time off will be unpaid; (b) time off will be paid but that they are expected to make up the time later; or (c) they can request the time off as paid annual leave or unpaid time off for dependant’s leave (see below). Prior notification is particularly important if you have made payments in the past in such circumstances.
As an aside, be careful if you are trying to insist on employees taking annual holiday retrospectively. Employees will need to agree to this unless the contract specifically allows for you to do this.
I have an employee who is able to get into the office but says s/he cannot come in because his/her child’s school has closed. What shall I do?
Employees with responsibility for a dependant are entitled to emergency time off in circumstances in which there is an unexpected disruption to childcare. Unless the school closure was announced significantly in advance, such that the employee had sufficient time to arrange alternative childcare, this would probably be an emergency situation and employees are entitled to take time off and not suffer any detriment for doing so.
Strictly speaking, the time off is unpaid (unless the contract of employment says otherwise) but employers may again want to consider the impact on morale that this approach would have. Again, it is important to be consistent in your approach. You should be especially careful where other employees who are unable to make it into the office due to travel are being paid.
One of my employees failed to come into work today, blaming the snow. I think he is using it as an excuse and could have easily come in. Where do I stand?
If you believe that an employee is falsely using the weather conditions as an excuse for absence or lateness, this can be treated as a disciplinary matter. If you consider the matter to be serious enough (e.g. if it is a persistent or blatant case), you should investigate in line with your disciplinary policy and take action as appropriate. However, in less serious or one-off cases, you may be better placed simply having a quiet word with the employee and letting them know that any further time off will have to be taken as holiday or will be unpaid. Bear in mind that it can often be difficult to prove or disprove an employee’s ability to come into work in bad conditions.
Am I obliged to allow employees to work from home?
Home working can be a good alternative for employees who are unable to get into the office. Use of remote computer access and such devices as Blackberries can mean that employees are able to seamlessly work from home. You do not, however, have to allow employees to work from home if you do not think it is appropriate.
If you do permit home working, be clear on what you expect from employees. A home working policy would be a good idea, which should also cover the health and safety aspects of working from home.
Some employees who have made it into work are resentful of the fact that their colleagues are having a day off, while they have to work. Am I obliged to reward them?
In short, no. They are only doing what they are contractually obliged to do. If their colleagues are not being paid for having time off, or if they are using annual leave, this may address their concerns. However, if you have exercised your discretion to pay employees who do not come in, then those employees who have fought their way into work may feel that they have been treated unfairly.
It is a generous employer who grants those employees time off in lieu or some other financial reward. However, from a morale point of view, their efforts should not go unnoticed and a word of thanks, or an email to those employees who have made it in, can go a long way.
Employers should also consider any weather warnings and travel advice, and allow employees to go early if necessary to avoid potentially dangerous travel conditions. Also, you wouldn’t want staff to be stuck in the office overnight!
The above provides a general guide to issues that might arise. However, each situation is unique and different considerations may apply in your case. We would therefore recommend that you consult a solicitor, or other suitably qualified person, about your specific circumstances.
If you have any questions about the matters discussed above, or any other question of employment law, please call one of Sherrards’ Employment Law Team:
Kelly-Lee Wright (Head of Employment), Tel: 01727 738943, Email: kw@sherrards.com
Joanne Perry, Tel: 01727 738920, Email: jp@sherrards.com
Mark Fellows, Tel: 01727 738976, Email: mark.fellows@sherrards.com
www.sherrards.com
It would seem that even the tables wanted to get in on the act this morning. After being moved to yet another room for our meeting, it truly did get off to a bang this morning. And a crash!!
Still no harm done. It must have been the tables fault for falling asleep and dropping it’s leg as well as coffee all over our sub Johnny’s lap.
It was a nice meeting this morning with Jonathan Davis as our lone visitor and a further 19 people in the room. There were a total of 38 referrals passed and plenty of opportunities to do business, with Alexis picking up the most referrals. Moral of the story? BE SPECIFIC.
Our Chairman Mike Nightingale gave us an update at the end of the meeting relating to news from last weeks committee meeting. He told us how Caroline Hampstead has set up a Twitter page for the group which is brxbondstreet
I am now on twitter and don’t have a clue. You can follow me at josephsterling any tips would be great. However, I am quite resourceful and like most things I turn my hand to, within a few months I should have it mastered.
Now this was the most important factor of the morning. Mike mentioned the committee had agreed we need to grow the group. That is nothing new. What is new is that there will be a cash incentive for all of us to help make it more appealing. We all have to bring at least one visitor by the end of February. Everyone who manages this will be entered into a draw to win some cash.
The facts are simple. The more people who join our Bond Street group, the more opportunities we have to do business. Ideally we want to be at around the 30 member mark by June. I don’t think this is unrealistic. We just have to make an effort. Try not to think of it as finding a member, but bringing a guest. The group will sell itself. If you are unsure what category to bring, then think for a moment which business or trade would be most beneficial to your business and who could you best work together with that is not already round the table.
Ask them how’s “business”? Then say “could you handle more business”? If they say “yes”, then just explain that you get together with a group of like minded business people every week with the object to help each other pass business to each other and would like to invite that person to come to a meeting. Job done. You are not asking them to join anything. Leave that to them.
If anyone needs help or wants more information, then please feel free to contact me. As always it would be a pleasure to help.
Enjoy the weekend. Lewis www.joseph-sterling.com
From Paul Marmor representing Sherrards Solicitors
Many businesses will be faced with the situation where their invoices remain unpaid, often by customers who appear to be financially unable, or reluctant, to make payment to you. This in turn can have a knock-on effect on your business by damaging your cash-flow, and harm the business relationship between yourself and the customer with trust and confidence breaking down. So what can be done to recover monies owed to your business?
If a customer appears to be in financial difficulties, it is advisable to stop providing any further services or goods to them, therefore minimising the total amount outstanding to you. If your customer is simply delaying payment to assist their own cash-flow, stopping further services and/or goods will act as a wake-up call to them, and often results in payment. But if this action does not result in payment, and repeated calls from your accounts department have proved fruitless, what else can you do?
There is no reason why you should wait to be paid outside your trading terms and conditions. If you suspect your customer is in financial difficulty and if you act quickly, it may result in you being paid before other creditors, or before another creditor looks to wind up the company.
If it becomes increasingly unlikely that you will receive payment, you should bear in mind that you are entitled to interest charged on the outstanding invoices in accordance with your company’s terms and conditions. If your terms and conditions are silent on the matter of interest, you can rely upon the Late Payment of Commercial Debts (Interest) Act 1998 in respect of business debts, which allows you to claim interest at a rate of 8% above the Base Rate. The addition of interest to the debt, can often prove to be an effective way in which to focus the debtor company’s mind to paying you without further delay.
If despite this you decide that you need to take a more ‘hard-hitting’ approach, a Letter before Action can be sent to the debtor, giving them seven days to acknowledge the letter and a further seven days to provide payment or their full written response should they be disputing the claim, (a total of 14 days from the date of the letter.) If after 14 days you have not from the debtor with payment, or their response, you may decide to commence County Court proceedings to recover the debt:-
County Court proceedings can be issued in your local Court, claiming for the outstanding amount plus interest, and other costs, including the court fee for issuing the claim. Once proceedings are issued, the debtor company (the Defendant) has 14 days to acknowledge service of the proceedings. Should they fail to acknowledge the claim, you (the Claimant) can request that the Court grant Judgment in Default against the Defendant. However, if an Acknowledgment of Service is filed, the Defendant then has a further 14 days to file a Defence (a total of 28 days from the date of issue of the proceedings). If the Defendant files a Defence, disputing the invoice, the case will continue to a full hearing, with facts to be determined by the District Judge. However, if a Defence is not filed within the stated period of time, you can request that Judgment in Default be entered. Once Judgment is entered against the Defendant, this is recorded as a County Court Judgment (often referred to as a ‘CCJ’), which will have a negative impact upon the Defendant’s credit rating.
Once Judgment is obtained, if payment is not forthcoming, you can then consider different enforcement options to recover the money owing to you. These include:
The above provides a general guide. However, each situation is unique and different considerations may apply in your case. We would therefore recommend that you consult a solicitor, about your specific circumstances.
If you have any questions about the matters discussed above, please contact the Commercial Litigation team:-
Karen Dobson – kd@sherrards.com
Barney Laurence – bjl@sherrards.com
Gemma Newing – ggn@sherrards.com
Telephone: 01727 832830
From Paul Marmor representing Sherrards Solicitors
When faced with a debtor who is a limited company, with no genuine dispute to the debt, the threat of insolvency proceedings frequently assists a creditor in obtaining payment.
A Statutory Demand or Insolvency Notice threatens insolvency proceedings should the debtor not make the required payment within a stipulated period of time. This often proves to be an effective tool to extract payment from a debtor, largely through their fear of having their limited company wound up.
If the demand does not provoke payment, a creditor may then wish to consider presenting a Winding Up Petition against the limited company debtor. There are seven grounds upon which a company can be wound up, with the main ones being:-
Before deciding whether to present a Winding Up Petition, it is worth establishing what the debtor company’s financial situation is. If they are successfully trading with assets, it is likely that they will want to avoid their company being wound up at all cost. In such situations, the threat of insolvency proceedings can be a useful way of getting payment. Alternatively, if the company is struggling financially, with little or very few assets, the creditor will need to consider whether it is worth pursuing the company in this way, if there is little or no prospect of a dividend being paid out to yourself or other creditors.
If the creditor decides to present a Winding Up Petition, that Petition will be registered at the Central Index of Petitions, which can be searched. The Petition will need to be personally served upon the company, normally at its registered office address. Following service, it must then be advertised in the London Gazette not less than seven business days following service. Before this, the debtor company can:-
At the hearing, the Court will determine whether the Winding Up of the company is to be made. If this is achieved, the company will cease trading, and the liquidator will act as an agent of the wound up company to realise assets for the benefit of the creditor, and any other creditors, with a view to paying a dividend, if there are sufficient monies.
The above provides a general guide. However, each situation is unique and different considerations may apply in your case. We would therefore recommend that you consult a solicitor, about your specific circumstances.
If you have any questions about the matters discussed above, please contact the Commercial Litigation team:-
Karen Dobson – kd@sherrards.com
Barney Laurence – bjl@sherrards.com
Gemma Newing – ggn@sherrards.com
Telephone: 01727 832830
Hi Guys n’ Gals,
Welcome back to BRX Bond Street for another year of high powered networking and referral giving. Our aim as always is to help each other generate more business through the passing of referrals and bringing guests along each week.
It was a nice full house this morning, and it made a nice change to be meeting in the ballroom.
I am pleased to confirm that we had 31 referrals passed which means there are 31 opportunities to do business and make some money.
I for one have already followed up my referral that Fiona kindly gave me, and have an appointment set up for next Friday.
Please make sure that if you passed a referral, you check back on Tuesday to your yellow copy to make sure that contact has been made between the two people. Did you put a phone number on the slip?
With each referral you pass you give out a bit of your reputation. Try not to tarnish it.
Have a great weekend and I look forward to seeing you all at 7.15am for a nice breakfast, but more importantly lots of referrals.
The BRX Bond Street group meets at 7.15am every Friday at the RAF Club, 128 Piccadilly, London. For further information on joining the group, please contact David Coburn via this link.
Nearest tube is Green Park.Click here for map information.
