Nick Fenner’s Legal Q&A Surgery

It has never been more important to know how to protect your business and failing to operate wisely could cost you money or a whole lot more… Fortunately at Fashion Capital we are privileged to have the support of legal expert Nick Fenner. He shares his insight here as an online surgery wherein you can field your legal questions and concerns.

 

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This email address is being protected from spambots. You need JavaScript enabled to view it. is a partner at leading West End law firm Fladgate Fielder. He advises people working in media, design and technology on legal issues that affect their business. He has particular experience of the fashion industry including the protection of designs, copyrights and trade marks. His clients include designers, brand owners, retailers and manufacturers from start-ups to high street names. He writes a regular column for London Fashion Forum on legal issues affecting the fashion industry. Topics of recent articles: Company names Registering trademarks Logos

In addition Nick will be able to offer a free half an hour consultation period for designers experiencing any legal shenanigans. To arrange this call Nick at Fladgate Fielder on +44 (0) 20 7462 2276 or email This email address is being protected from spambots. You need JavaScript enabled to view it.

CLICK HERE TO SUBMIT QUESTIONS. ALL QUESTIONS WILL BE RESPONDED TO AND A SELECTION WILL BE LISTED HERE.

#	Question	Answer
1	When I recruit a new employee I give them an offer letter.  Do I need to give them anything else?	You are required to give an employee a written statement which contains certain terms.  These are set out in Section 1 of the Employment Rights Act 1996.  The statement has to be given within 8 weeks after they commence employment.
2	One of my employees has said that they are entitled to 20 days holiday and an additional 8 days public holiday.  Is this correct?	An employee is entitled to 20 days as statutory paid leave each year and this can include public holidays.  The employee could have a right to more holidays under their contract so you need to check that as well.  To avoid any ambiguity it is worthwhile setting out clearly in a contract what they are entitled to as leave.
3	I have an employee who keeps taking odd days off sick, do I have to pay them?	First of all you need to check their contract of employment as it may state that the employee is entitled to be paid.  If it is silent then normally the employee is only entitled to statutory sick pay after three days of absence.  However be careful if you have always paid sick leave and then you stop the employee could argue that they are being discriminated against.  A clear absence policy or statement in their contract could help avoid these sorts of claims.
4	Can I discriminate against someone if I think they are too old for a job?	At the moment it is only unlawful to discriminate against someone on the grounds of sex, race, disability, sexual orientation or religion or belief.

IF YOU HAVE A LEGAL ISSUE NOT ADDRESSED HERE THEN CONSULT NICK FENNER

Do you know how to legally label a garment? Ask Nick.

 

#	Question	Answer
5	I want my employees to take leave when our premises are closed, can I force them to do this?	You can do this by agreeing this with the employee.  However, the best way to achieve this is by setting out in their contract that they are required to take for example 2 days over Christmas and 1 day at New Year when the premises are closed.
6	I am unhappy with one of my employees who keeps turning up late.  What can I do?	Hopefully you have a contract which sets out the hours they are expected to work.  If you have spoken to them and there has been no improvement you could start disciplinary proceedings.  If you do not have anything in their contract it is important to ensure that the employee is aware of the hours they are expected to attend work before you start disciplinary proceedings.
7	Can an employee claim they have been unfairly dismissed if they have 4 months service?	No but they could have a discrimination claim as no service is required to make that type of claim.
8	I have received a letter from an employee complaining about another colleague what should I do?	First of all you need to try to resolve the matter by discussing it with the employee informally. If this cannot be achieved quickly then you should treat the complaint as a formal grievance and apply the new statutory grievance procedures.

WOULD YOU LIKE TO KNOW WHERE YOU STAND ON A LEGAL MATTER? THEN  SUBMIT A QUESTION TO NICK FENNER’S LEGAL Q&A SURGERY 

#	Question	Answer
9	I sometimes recruit temporary workers via agencies.  Do I need to be concerned about this?	Not necessarily.  First of all ensure the agency will accept any liability relating to the worker.  Secondly, ensure that you do not treat them as if they are one of your employees. Keep control to a minimum and ensure the agency retains regular contact with the worker and is involved in any meetings which relate to the worker.
10	One of my employees caught another taking some material for their own use What should I do?	It is essential that you conduct a thorough and fair investigation into the allegations.  It is possible that the allegations are untrue and therefore it is important to keep an open mind at all times.
11	SUBMIT YOUR QUESTION HERE.