Tuesday 6 December 2011

What must be on company stationery



The Companies Act 2006 requires certain information to be included on company stationery.
On your letters
Regulations say that your company’s letters must show four things:
  1. the company’s registered name - this isn't the name you trade under but the name as it appears on the certificate of incorporation, including the word “Ltd” or “Limited” as it appears on the certificate
  2. the registered office address - not only must this be shown, but it must say it’s your registered address. You might trade from one address but have your company registered at your accountant’s office; you should show both
  3. the company registration number
  4. whether your company is registered in England, England & Wales or Scotland. You’ll find this information on the certificate of incorporation.
Note. Welsh companies using “Cynfngedig” instead of “Limited” must still state in English that they are a limited company.
The regulations also apply to communications your company sends in e-mail form. So that this is not overlooked it's a good idea to set up a standard template containing the required information for everyone in your company to use.
Optional extras
You don’t have to include the names of the directors on letters, although you can if you want to, but in that case you must show the names of all the directors.
Other documents
Other documents, such as invoices, order forms and compliment slips, don’t need to show all the information that's needed on letters and e-mails, just your company’s registered name will do.
Where you use a compliment slip as a substitute letterhead, or include even a brief communication on it, this counts as a letter and you must show all the required information mentioned above.
Penalties
It’s a criminal offence not to follow the business stationery rules, and directors and their companies can be prosecuted for not complying. If convicted each director, and the company, can face a fine of up to £1,000, and if the letterheads etc. aren't brought up to scratch, fines of £100 per day each can be imposed.

How to change your company name


It is fairly straightforward to change a company name.

Your company can either pass a special resolution at a board meeting, or in the case of most  limited companies, all shareholders can sign a written special resolution. You can view a sample written resolution here.

You should then send the signed document to Companies House with the current £10 processing fee, and Form NM01 (Notice of change of name by resolution). The use of this form is relatively recent, introduced via the Companies Act 2006. Chances are, your accountant can facilitate this whole process on your behalf if necessary.

Of course, you must ensure you follow the standard company naming rules. Try our guide to choosing a company name as a starting point.

Read Companies' House guide GP1 - Incorporation and Names for the complete guide to naming your company.



Monday 5 December 2011

UK: Disability Discrimination: What Are The Prospects Of A Reasonable Adjustment?



Employers are under a duty to make reasonable adjustments to prevent employees from being placed at a substantial disadvantage by any policies, requirements or practices. However, it is not always clear how far you must go. In a recent EAT decision it was suggested that if there was a "real prospect" that a proposed adjustment would remove the disadvantage then it would be reasonable to expect the employer to have made it. To the legal brain this suggested that if an adjustment could not be said to have a "real prospect" of relieving the disadvantage, then it would not need to be made. The case of Leeds Teaching Hospital NHS Trust v Foster determined whether this was correct. The case can be found here .

Mr Foster was a senior security inspector at the NHS Trust. Following a breakdown in the relationship between him and his line manager, he went on long term sick leave. He was eventually dismissed on health grounds two and a half years later. This prompted Foster to bring a claim for disability discrimination.

The medical evidence stated that his absence was due to problems at work and he would not be able to return until these were resolved. Foster raised this in his grievance but it was rejected. At one point it looked like an agreement had been reached to redeploy Foster to another department where he would not be working with his line manager. Foster's doctor had confirmed that he would be able to return to work on this basis. However, the Trust then clarified that they were suggesting that Foster return to a different role within the Security Department rather than outside it. They appeared to be of the view that if Foster was fit to return to a job outside the department he was fit to return to a job inside it.

About six months later a decision was finally made to put Foster on the Trust redeployment register to see if any work outside the Security Department became available. An opportunity did arise but by that point Foster was too ill to take it. Finally, after several more months had passed, a report was obtained stating that Foster would not be able to return to work.

The Tribunal and the EAT found that if the Trust had put Foster on the redeployment register six months earlier than it actually did, then there would have been a "real prospect" or a "good prospect" of his returning to work with the appropriate support. The Trust had therefore breached their duty to make reasonable adjustments. However, importantly, the EAT went on to find that there was in fact no need for the Tribunal to go as far as stating that there would have been a "good or real prospect" of his being redeployed. They clarified that the earlier decision which had suggested this test had been misinterpreted and that it was enough for there to be just "a prospect" of the proposed adjustment removing the disadvantage.

Of course, if an adjustment is not going to make a jot of difference, then you are not going to be in breach of the legislation by not making it. However, if there is a 'prospect' that it will assist the employee then you have to look at the circumstances and ask yourself whether making the adjustment is reasonable. For the most part, once you undertake this exercise you should be able to come to a sensible decision as to whether an adjustment should be made, but if you have any doubts you can always ask occupational health specialists