Tax Finance & Legal Committee

The information contained on Southampton and Fareham Chamber of Commerce web pages is for general guidance only and is in no way a substitute for seeking professional advice on your specific circumstances

Chairman - Martin Tomsett

Corporate Manslaughter & Corporate Homicide Act 2007
Victimisation - Feb 2008
New Tax Burden for Small Businesses: "Income Shifting" - Feb 2008
Maternity Increases Delayed - Dec 2007
Money Laundering – HMRC Info Sheet for Firms – Dec 2007
Environmental Law Update
Energy Performance of Buildings Regulations 2007 (Effective Apr 2008)
Abolition of Empty Property Rates Relief
Late Penalties for Construction Industry
Entrepreneurs Relief - An Update on Taper Relief - Jan 2008 
No Relief in Sight for Business Owners - Taper Relief
Response to Chancellor's Proposal about Taper Relief - Jan 2008
• Companies Act - one year delay
• Money Laundering - November 2007
• Tax attack on marriage and small companies ended - September 2007 pdf 
• Employer Pension Survey – November 2006 pdf
• Agency workers may be considered as employees - Oct 2006 pdf
• Guarantors Beware - 1.8.06 pdf
• All New Fire Safety Regulations - 1.10.06 pdf
• National Minimum Wage – UPDATE 1 OCT 2007
• Age Discrimination at Work - 1.10.06  
• Companies Act 2006 (effective 2007)
• Budget Submission 2007
• Did the Chancellor Listen?  Budget 2007 Comments
• New Government Ruling on Holiday Entitlement (Effective October 2007) pdf 
• Better Regulation to Reduce "Red Tape" (May 2007)
• Smoke Free Signs to Avoid Fines (Effective 1 July 2007)
• Advice Before New Leasing (Effective 1 April 2007)

COMPANIES ACT - ONE YEAR DELAY

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National Minimum Wage (NMW)

Hourly Rates applicable from 1 October 2007:

• Adult Rate – age 22 and over £5.52
• Development Rate – age 18-21 £4.60
• Age 16-17 £3.40

The Development Rate can also apply to workers age 22 and above in a new job with a new employer and who are receiving accredited training.

This year the Low Pay Commission has recommended to the Government an increase in the National Minimum Wage of just over 3%, which is lower than previous years.

For employer’s helpline on low pay and further details go to www.lowpay.gov.uk or phone 0845 6000 678.


Kristine Salomon-Olsen
Committees and Policy Researcher

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AGE DISCRIMINATION AT WORK

Since 1st October 2006 important new legal obligations mean employers, small or large, must ensure that they don’t unlawfully discriminate on grounds of age.

Discrimination must be avoided at recruitment, during employment and at retirement. This is a very brief overview of the key points.

The recruitment process must avoid age bias. Rejecting a job applicant because of their age amounts to direct discrimination and is unlawful unless objectively justified. A job requirement, provision or practice that disadvantages people of a particular age group is also potentially unlawful. It is advisable to avoid asking for age and date of birth in application forms. Selection decisions must be based on skills and ability alone. Employers should adopt an equality policy covering all forms of discrimination.

With respect to current employees, dismissal, refusal to provide training or the denial of promotion may also be unlawful, as will harassment or victimisation due to age. Employers may be held responsible for the acts of employees hence it is important to train them on the regulations.

Since 1 October 2006 retirement must be carefully dealt with. The new regulations set a default retirement age of 65 and give employees the right to request to continue working beyond that date or their contractual retirement date. A failure to deal with retirement fairly may result in an unfair dismissal even for those over 65, as the upper age limit on claims for unfair dismissal or redundancy is removed. Redundancy procedures should be checked to make sure they don’t discriminate against particular age groups.

There are limited circumstances when it is lawful to treat people differently because of their age if objectively justified and the discrimination is not disproportionate to the business objective. A significant culture change is likely to take place in the next few years.

Howard Robson 023 8071 7717 Tax & Legal Committee and Employment Partner, Warnergoodman Commercial
howardrobson@warnergoodman.co.uk

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The information contained on Southampton and Fareham Chamber of Commerce web pages is for general guidance only and is in no way a substitute for seeking professional advice on your specific circumstances