
Company/Business Law
BRISTOL COMPANY LAW ADVICE
Company law is a technical and procedural area and is highly regulated. We can assist in advising on compliance with the relevant Comapnies Act procedures but also on practical internal issues of importance to directors and shareholders within the company structure. Assistance can include :-
- Liabilities and rights of shareholders and directors
- procedures for company meetings and stautory approvals
- Buying or selling a company
- Employment law
- Data Protection law
- Joint ventures
- Intellectual property law
- Shareholder’s agreements
- Insolvency, administration, receivership and liquidation
This month’s Legal Spotlight – Health & Safety Reponsibility for Directors
Legal requirements
• The Health and Safety at Work Act 1974 sets out health and safety requirements for employers in the workplace. It is the employer’s responsibility to assess the risks regularly. If there are more than five employees, there must be written policy in place and each individual should be aware of it
• An organisation can be guilty of corporate manslaughter. People in senior positions can potentially be responsible for any deaths that occurred due to their action (or indeed inaction). There must be a gross breach of duty of care that caused the death of an employee by an individual in a ‘controlling mind’.
Policy Changes
• An employer should protect himself by revising safety policies and keeping all the documentation precisely recorded. This way it can be shown that the employer has complied with the duties.
• Implementing internal checks will ensure that all procedures are being complied with
Health and Safety Issues for Directors
• The company can be ordered by the Health & Safety inspectors to make changes in the workplace
• Failure to do so may lead to financial penalties. The fine is unlimited and can be charged on the organisation as well as each director. There are circumstances in which directors can be imprisoned.
Tips for Directors
• Ensure that you fully understand your own personal liability.
• Be aware of your duties and responsibilities
• Implement Health and Safety policy
If you require company or corporate law advice in the Bristol area, please contact us.