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What are my responsibilities as a director under the Companies Act 2006 ?

Rebecca Gerrard
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A director of a company manages and is responsible for the day to day running of a company.  If you are also an employee and/or shareholder you will have additional obligations – however this blog post just looks at your duties as a director. As...

How do I deal with an employee who is regularly absent?

Ruth Rogers
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One of my employees is regularly absent for various different reasons. It’s never for very long – a day here, a day there – but he’s a key member of staff and it’s disrupting my business. It’s also annoying to other...

Legal 500 - Fantastic results for Harrowells

Peter Mills
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Each year Legal 500 publish a report focused on the quality of advice and nature of work undertaken by leading law firms in the UK, including our own. Legal 500 base their assessment, to a significant extent, on feedback given directly to Legal 500 by our...

What is the difference between an asset or share sale?

Rebecca Gerrard
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Are you considering selling your business?  One of the first considerations will be how to structure the sale.  You can either sell the shares or the assets of the company.  There are different reasons as to why you may choose an asset or...

Harrowells advises on Poppleton butchers acquisition

Matt Rowley
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A well-known community butcher’s shop near York has been acquired and re-named in a deal advised by Harrowells. Viking Butchers, now Poppleton Village Butchers, has been acquired by Danny Hopcutt (pictured right), owner of a nearby wholesale...

Love Cheese acquired in MBO deal advised by Harrowells

Matt Rowley
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A well-known York city centre gourmet food and wine retailer and tourist destination has been acquired in a management buy out (MBO), advised by the corporate team at Harrowells. Love Cheese, Gillygate, which has customers throughout the UK, has been bought...

Why are statutory books important? A short guide for business owners.

Matt Rowley
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Under the Companies Act 2006, companies, whether public or private, are legally required to keep and maintain an up-to-date statutory register. These statutory registers are commonly referred to as “statutory books”. Despite this duty imposed on...

Great results for Harrowells in the Legal 500 2023 report

Peter Mills
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Legal 500 have just published their latest report (‘the 2023 edition’) and the firm has, once again, achieved a strong showing. We have received formal recognition of our excellent service delivery and high technical standards across nine...

The Future Of The High Street

Matthew Hayward
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Bricks and mortar business in York have experienced huge changes in the overall levels and nature of customer demand in recent years; challenges and opportunities lie ahead. The Future of the High Street conference, organised by York High Street Forum and...

Lane change for well-known York garage as it moves to new ownership

Matt Rowley
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A well-known York garage is set for expansion after being acquired by one of its technicians and his aunt and uncle, in a deal advised by Harrowells. Additional investment will be put into Garage Services (York) Limited, The Raylor Centre, James Street,...

What happens to my share in the family farming business partnership when I die?

Matt Rowley
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Traditionally, farming businesses have relied on a legal structure of family farming partnerships, often without formal written partnership agreements in place. In this case provisions of the Partnership Act 1890 would apply but this Act is unable to...

What it means to be a company director

Matt Rowley
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A common query raised by clients is a question about what it means legally to be a director of a company. This is particularly prevalent as the operational role of a director could differ greatly from business to business. However, whether you’re an...

COVID-19 voluntary vs mandatory vaccination policies

Gillian Markland
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Since the roll out of the coronavirus vaccine, starting in winter 2020, the majority of people have taken up the opportunity to be immunised. However, a minority have shown some reluctance or declined to have it. For employers, unvaccinated employees could...

A guide to Inheritance Tax: the legal aspects

Philip Williams
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Inheritance Tax (IHT) is primarily a charge on your assets on death, including your share of assets jointly held with another person. However, lifetime gifts made within seven years prior to your death can also be brought back into charge. IHT is also...

Is your contract of employment compliant?

Abbey Ainslie
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The section 1 statement is the basis of all employment relationships and it is highly unusual that significant change arises in the law to affect this. However, in 2020 this is exactly what happened. With the return to more normal patterns of working, now...

Protecting your business from former employees - potential developments in the pipeline

Gillian Markland
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A non-compete clause is a type of restrictive covenant commonly found in employment contracts. Their purpose is to protect a business by preventing an employee from either (a) working for a competitor or (b) setting up their own competing business for a...

Update on commercial tenancies during the Pandemic

Richard Hugill
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Unsurprisingly, the restrictions on forfeiture of business tenancies for non-payment of rent are to continue in England until 30 June 2021 - but what is likely to happen after that? Central government are likely to want to avoid an abrupt cliff-edge...

Self-employed or freelance staff? The Uber case and its implications for SMEs

Gillian Markland
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Does your business rely upon staff who you deem to be freelance or self-employed? If so, you would be well-advised to take a moment to review those relationships in light of the recent decision in Uber BV & othrs v Aslam & othr s. If, as in the...

Harrowells now has an office in Malton

Peter Mills
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Our Agricultural, Commercial and Private Client Teams have been successful in winning new instructions in the Ryedale area in recent months. As a result, we have opened a base in Malton so that we can more easily look after our clients and contacts in the...

The four things you need to know about Lasting Powers of Attorney

Ed Ryder
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Hopefully the vaccine rollmout means the threat of Covid-19 will recede as we move further into 2021. However, media stories over the past year, and possibly personal experiences, will have underlined the important and beneficial role of having your affairs...

Brexit food labelling issues for producers, distributors and retailers

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With the end of the transition period on 31st December 2020 and Boris’ efforts to secure a trade deal with the EU combined with truckers having their lunch pack-ups confiscated as they enter the Netherlands, Brexit is back into the spotlight,...

How employers can prepare for attendance at an online employment tribunal

Gillian Markland
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Given the increased likelihood of having to defend tribunal claims, it is important that businesses understand the process and logistics of attending a hearing. This is arguably even more important now that many employment tribunal hearings are being...

Excellent client feedback for Corporate and Commercial Team

Peter Mills
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It was great to report in an earlier post that, with Sophia Bell joining us, we are expanding our Corporate and Commercial team so that we can provide our particular blend of practical, expert legal advice to an even wider range of businesses and...

Independent recognition of our high quality service

Peter Mills
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Legal 500 undertake an independent assessment of the reputation and quality of service of leading UK law firms. Their latest report, published in September 2020, recognises the quality of our service across seven practice areas, as defined by their research...

Harrowells expands corporate team in growth strategy

Matt Rowley
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Harrowells has extended its corporate and commercial team with the appointment of solicitor, Sophia Bell. Sophia Bell, who gained a first-class degree in Law and Management at University of Leeds and a distinction on the Legal Practice Course at...

The benefits of a proper Partnership Agreement for farmers

Matt Rowley
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The British farming industry has proven its clout during the Covid-19 pandemic, not only as a producer of quality food, but also as a resilient, forward thinking sector which contributes significantly to the British economy.  As farmers, in these...

Now is a good time to get your affairs in order

Ed Ryder
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None of us like to think about our eventual demise or about the practicalities if we become dependent on the care of others; that is perfectly understandable. However, as a solicitor who has advised many local individuals, couples and families, I can say...

What is the latest on business tenancies as we emerge from the Coronavirus lock-down?

Richard Hugill
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In my 20 May blog post I looked at the options potentially available to commercial landlords when dealing with tenants who were already in default prior to the enforced closure of businesses brought about by Covid-19. In this post, I address two...

Are Data Protection rules being eased during the Covid-19 restrictions?

Matt Rowley
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While not at the forefront of the minds of most business owners in these difficult times, regulatory compliance provides a further challenge as businesses adapt their products and services, their methods of delivery and their working practices. With regards...

All our offices are open for pre-arranged appointments

Peter Mills
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All our offices are open for pre-arranged appointments as well as for telephone or video meetings. Contact us as normal by phone or email and we will happily arrange a scheduled meeting to discuss your matter. Please bear in mind that, with...

Covid-19: Cancellations and Refunds and 'Force Majeure'

Matt Rowley
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The effect of Covid-19 is continuing to impact many businesses worldwide as they are unable to trade normally. The temporary closure of a large number of businesses in the UK has left many business owners wondering where they stand legally in respect of...

Options for a commercial landlord if a tenant was in default before lockdown

Richard Hugill
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The current Covid-19 crisis has prompted some commercial tenants to request temporary variations to their rent. We have previously highlighted some of the options open to both commercial landlords and tenants in reaching a negotiated agreement . However,...

What makes a contract legally valid?

Matt Rowley
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Whether you engage in business-to-consumer or business-to-business transactions, a contract that is subsequently found to be legally invalid can be a financial disaster for your business. This poses the question: what makes a contract valid? In simple...

Requesting or dealing with requests for temporary variations in commercial rents

Matthew Hayward
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There has been a lot of coverage in the business media about commercial tenants seeking to change the payment of rents under leases and of commercial landlords trying to ensure they are protecting anticipated income as much as possible. Obviously it tends to...

Distance Selling rules concerning contracts made online, by telephone, fax or email

Matt Rowley
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The Covid-19 lockdown has seen many small businesses rapidly adapt their business models to distance selling in order to continue to trade, adopting either a model of pre-ordering with collection or full delivery services. Orders can be provided...

Can I recover debts from other businesses also affected by the coronavirus crisis?

Richard Hugill
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We are posting a series of articles providing practical answers to questions raised recently with us. One such question is whether you can and should recover debts from other businesses also affected by the coronavirus crisis. The answer is...

How can the Late Payment of Commercial Debts Act help my business?

Richard Hugill
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If you run a business, you will be having to respond on many different fronts to the challenges of the lockdown. But how do we respond to bad debt? The answer is be proactive, review your debtors, maintain your cash flow and, in doing so, give your...

Can you create a contract by email?

Matt Rowley
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The traditional view of ‘a contract’ tends to be that reams of paper with “wet ink” signatures, amongst other formalities, are required in order for the contract to be valid. However, this is far from the case as the courts have...

Direct Marketing Code of Practice Consultation

Matt Rowley
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The introduction of General Data Protection Regulation (GDPR) in 2018 saw many consumers anticipate a meaningful reduction in the spam hitting their email inbox. In parallel, many organisations radically reduced the size of their marketing databases as...

Jenni Bartram joins Harrowells Solicitors

Peter Mills
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One of Yorkshire’s best-known agricultural solicitors has joined Harrowells Solicitors. Jenni Bartram, a long-standing member of the Agricultural Law Association and former president of the Yorkshire Law Society, joined Harrowells in February...

First ever GDPR fine shows cavalier attitudes will be punished

Matt Rowley
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On17th December 2019 the Information Commissioners Office (ICO) issued its first ever fine under GDPR, the General Data Protection Regulation - a huge £275,000 fine to London based pharmacy, Doorstep Dispensaree Ltd (Doorstep). In addition to the...

Unwittingly triggering discrimination at work claims

Gillian Markland
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Equal opportunities legislation was introduced to provide a level playing field for everyone, so that every individual has the same opportunity for employment, training, pay and development as any other, irrespective of their...

York Fashion Week: making the city an attractive destination for locals and visitors

Peter Mills
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We are long term supporters of Fashion City York, an initiative to co-ordinate the promotion of York’s fashion retailers to locals and visitors alike. The centrepiece of that promotion is York Fashion Week with a series of workshops, runway shows and...

Help solve the problems we face, not the ones you'd like to think we face

Peter Mills
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Decision makers in business constantly warn suppliers and advisers against pushing offerings solutions without reference to the actual needs and priorities of their business. This point was well made at the launch of the York Rail Innovation Community (with...

Template Terms and Conditions

Matt Rowley
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If you are reading this, there is a good chance that you are searching for a template set of terms and conditions to use for your fledgling business. The reluctance to spend money on legal advice that is not immediately going to bring you a return and help...

Brexit - Regulations and Licensing

Matt Rowley
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The possibility of a ‘No Deal Brexit’ still looms which would clearly impact those directly importing from or exporting to the EU. However, any business that relies on a supply chain involving the EU in some way should consider and assess the...

Property backed finance and second order effects

Stephen Proctor
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Think you would not be affected by a ‘No deal’ Brexit because your business is not directly reliant on exports or imports or heavily dependent on staff from other EU countries? If you are in this situation, be careful to think about what are...

Legal 500 recognition

Peter Mills
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Every year Legal 500 assess the reputation and quality of client service of the top 10% of UK law firms using a mix of primary research and feedback from a sample of law firms’ clients. The latest report has just been published and I am pleased to...

Morrisons Data Leak Appeal

Matt Rowley
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A court acknowledges that you have done nothing wrong in the way that you have protected data. You have been the victim of a crime for which someone went to prison. Yet you are liable for the distress and suffering caused by that crime. That is the position...

GDPR six months on

Matt Rowley
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Six months on from the GDPR deadline of 25 May 2018, I still come across many business owners and senior managers who remain confused and bemused about what data protection compliance means in practice. In part, this is because a lot of activity and...

The importance of a shareholders' agreement

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People go into business together to create something positive, not to fall out. Nevertheless, misunderstandings and differences of views can and do arise as businesses evolve. If you are a shareholder in a company, a shareholders’ agreement will help...

Brexit - Making your business resilient

Matt Rowley
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We are all aware that the process of ‘Brexit’ is likely to involve considerable change whatever the short term and longer term outcomes. The challenge for business owners and senior managers is deciding how to prioritise and plan. Trying to...

Landlords terminating a commercial property tenancy

Richard Hugill
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If you are the landlord of commercial premises, there are situations where you will want to terminate a current tenancy at or following the end of a contractual term, even if your tenant is reliable and is not defaulting on rent or other obligations. For...

Buying a leasehold shop

Matthew Hayward
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Buying an existing retail business can be a sound commercial move as it often means you have immediate access to customers familiar with the shop’s brand and location. However, in these situations you will often be taking over a leasehold premise and...

Why 'evidence of effort' matters

Matt Rowley
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We all tend to think of ‘regulated industries’ as those where safety or financial stability is critical – for example airlines and banks. The reality is that all businesses are exposed to regulation, ‘red tape’, bureaucracy,...

Getting your ducks in a row

Stephen Proctor
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Whether they are buying, leasing or selling commercial property, our job is to help our clients strike the right deal for their business and to deal with any issues that might threaten to delay or compromise a successful conclusion. Where transactions rely...

Fashion City York. Another aspect of York's appeal

Peter Mills
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York is a city in an enviable position - it is a visitor destination with an international reputation. However, it also means it has to work hard to demonstrate that its tourist ‘draw’ runs beyond major attractions like the Minster, the Yorvik...

Promoting business in market towns

Peter Mills
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In an environment dominated by a shift from physical to online contact and where many private and public services are being progressively centralised, how do market towns maintain their role as economic ‘kingpin’ in their locality? The key may...

Useful GDPR summary aimed at smaller businesses

Gillian Markland
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If you are responsible for HR in your organisation, you will hopefully have locked onto the fact that new data protection rules (GDPR), coming into force on 25 May, have an impact on how you store and use employee and other personal data.  There is a...

GDPR: Marks for showing your 'workings out'

Matt Rowley
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GDPR comes into force on 25 May 2018 and will impact on every organisation to some extent. Everyone has some work to do!  How much will depend on how compliant you are now with the existing requirements of the Data Protection Act 1998 and how much...

Planning and prioritising ahead of the GDPR deadline

Matt Rowley
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Implementation of the General Data Protection Regulations (or ‘GDPR’) and the Data Protection Bill 2017 mean new rules concerning the storage, handling and use of data come into force in May next year. With a focus on giving individuals more...

Start planning now for new data protection rules

Gillian Markland
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New Data Protection Rules. They impact on every aspect of your business, from HR to marketing, so start planning now New rules concerning the storage, handling and use of data by organisations come into force in May next year – by virtue of the...

Harrowells wins Legal 500 recognition

Peter Mills
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Each year Legal 500 undertakes a research-based assessment of the reputation and quality of work of leading law firms in the UK. The 2017 results were announced in October and we have received formal recognition in a number of practice areas. These...

Can an employer monitor content of employee personal messages?

Gillian Markland
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Can an employer monitor the content of an employee’s personal messages sent from a work email account? Probably not. A recent decision of the European Court of Human Rights (ECHR) in the case of Barbulescu v Romania has overturned an earlier...

Pre-Action Protocol for Debt Claims

Richard Hugill
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From 1st October 2017, businesses seeking to recover debts from individuals are subject to the new ‘Pre-Action Protocol for Debt Claims’. Failing to follow the Protocol, or getting it wrong, may prove to be an expensive mistake. The Protocol...

Specialist estates planning lawyer joins Harrowells

Ed Ryder
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We have expanded our Private Client Department with the appointment of a new partner. Philip Nelson (pictured left with Head of Department Ed Ryder) lives near York and joins from specialist national private client law firm, Wrigleys, Leeds....

Narrative, people and innovation

Peter Mills
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Advice from successful local business owners and key national and international players teased out three big ingredients to business success at the 2017 York Food and Drink Festival. Have a narrative about your business and products that customers,...

Powers of attorney for your business

Ed Ryder
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More and more people are familiar with the idea of Lasting Powers of Attorney – a document that appoints attorneys to make decisions on your behalf if you are unable to do so yourself in the future because of mental or physical incapacity. Often these...

Take full advantage of Companies House online filing

Matt Rowley
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I’m surprised that more businesses do not take full advantage of Companies House online filing service. Whilst many accountants file accounts online on their clients’ behalf, organisations need to file an additional Confirmation Statement each...

Social media and your business

Matt Rowley
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Social media can be a really powerful tool for promoting your business and, as with many other things, it pays to understand your legal obligations when posting content online. Many businesses assume that online activity is not really...

Ask all job candidates the same questions about care responsibilities

Gillian Markland
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A recent successful compensation claim against the Japanese Consulate in Edinburgh highlights why it is important to ask all job candidates, male and female, the same questions about care responsibilities and how such responsibilities might affect...

Celebrating local food producers in the Dales

Peter Mills
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The Dales Festival of Food and Drink (Leyburn 17-18th June) is a fantastic celebration of the vitality of food production in the Yorkshire Dales. Always an important feature of the Dales' economy, the range and quality of local food and drink...

Waffle free Hambleton Business Conference

Peter Mills
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Last Friday's Hambleton Business Conference was waffle-free, for all the right reasons - and I'm not talking about the catering. This year's conference, at The Hawkhills, near Easingwold, was particularly strong on useful data and...

Blurred lines - employee, self-employed or worker?

Gillian Markland
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In light of the 'Uber' and 'Citysprint' Employment Tribunal decisions and the very recent 'Pimlico Plumbers' Court of Appeal decision, it is clear that 'Worker' status is highly topical, evolving and a potential pitfall for...