Litigation should never be embarked on lightly. There is no such thing as a “clear-cut case”. Most lawyers will rarely give even the strongest case more than a 70% chance of success. There are a number of questions which you need to ask yourself before seeking to resolve a dispute by embarking on litigation: Is the dispute one which you need to address? It is important to look at any dispute dispassionately and without emotion. Have you looked at every possible way of resolving the dispute?Can you afford to lose the case, which could involve you having to pay not only your own costs, but also a large portion of the other side’s costs?Is there a significant disparity between the respective financial strengths of the 2 parties?Will you be able to withstand the attacks you and your business will face from lawyers experienced in our adversarial legal system?Can you afford the distraction that a lengthy court hearing could cause? I will address each question: Disputes can often … [Read more...]
Are successful business leaders born or made?
The answer to this poser invokes the old, ‘nature’ versus ‘nurture’ argument. Maybe we need to study twins who were separated at birth, where one became a business leader, and determine what happened to the other? In the real world, business leaders, like any other leaders, come in all shapes and sizes. If you studied a group of successful business leaders from various industrial sectors, I would hazard a guess that they would have different personality traits and backgrounds. The variants are likely to be greater still according to discipline. Successful business leader in the financial sector are unlikely to have the same personality characteristics as one in the high technology sector or in the hospitality arena. An accomplished executive in the insurance sector, however, may very well have more in common with a leader of a banking institute. I’m making some assumptions here, but I wouldn’t be surprised if you are in agreement. Are business leaders born or … [Read more...]
How to design a robust profit-sharing bonus scheme for 2019
In the last newsletter we talked about what to do about awarding a Xmas bonus. [If you missed it click here to find it] Now we talk about putting a bonus scheme into place for 2019. If your financial year-end is say March, the next few months could be a good time to develop and trial a scheme before launching it in April. What should l incentivise people on? The profitability of the business is a simple way to measure business success. If there is a large minority of support staff then you might also consider cost-savings/efficiency savings as being the other side of the profit coin. You might be tempted by the achievement of individual objectives. Our general experience in the SME space is that staff appraisals don’t happen consistently enough so we wouldn’t recommend a performance pay system based on the achievement of individual objectives, as MDs usually haven’t the infrastructure in place to make this watertight. What do l need to do first? You will presumably have a business … [Read more...]
How to Replace a Senior Partner
As the year draws to a close, it comes the time when many people consider cutting ties and starting afresh in the New Year. This thinking may be influenced by ageing, illness, altering family commitments or simply a change of motivation. When a Senior Partner departs, they leave a large hole in your business. So how do you go about finding someone who will be able to successfully step into those big shoes? Plan In Advance When there is a lack of succession planning in a business, it can become vulnerable when a partner leaves at short notice. Annual assessments of all employees at all levels is sound practice; monitoring progress versus objectives. A major objective should be for every supervisor, manager or lead to find a replacement ready now and making any salary review or bonus contingent upon significant progress in this regard. This sound practice not only solves the succession issue but also avoids the over dependence on any one individual. It also provides … [Read more...]
Top Tips for Networking at Business Events
Business networking is one of the most effective ways of generating new business, but it can seem daunting for the less extrovert doing it for the first time. However, even the most shrinking violet will gain confidence and effectiveness with practice. There are many different types of networking event and different times of day in which they happen. Most will let you try them out once or twice for a small fee. Once you have attended a few, chose the ones where you are most comfortable and have had the most success. To help you make more of the opportunities present at your next business event, here are my top 10 tips for networking effectively. Draft an 'elevator pitch' - a short (approx. 30 seconds) overview of your business, that you can trot out when asked “what do you do?”. It is best to have a few variations so that you do not say exactly the same thing every time, and so start to sound like a recorded message. Take a plentiful supply of … [Read more...]
How to Stretch for Success – Business Lessons from our 3 x Ben Nevis Bike Challenge
Some businesses move from year to year making small adjustments but never stretch themselves for the big achievements. Other more ambitious businesses, and their leaders, try to find a way to achieve leaps forward that at first sight look too hard or possibly foolhardy. Some succeed and others fail. Without setting ambitious goals, taking calculated risks, implementing careful strategic planning and proactive problem solving along the way, the big leaps are rarely made. I would like to draw an analogy with a group of middle aged mountain bikers that I ride with most weekends, typically covering 12-15 miles on local technical trails. There was a collective desire for a more challenging project to stretch us. Various options for a suitable longer trek were discussed at “team meetings” - aka post-ride drinks at the pub. This compares with business strategy meetings where ideas are floated, discussed, filtered, and prioritised. In January 2018 the … [Read more...]
Brexit – Let’s face it!
With Brexit dominating headlines, the importance of having the best leadership team, who will be able to derive and implement strategy to steer a company or organisation through change and uncertainty is of paramount importance. Deal or no deal will have a significant impact on our entire economy which executives and managers will have to address. No deal will certainly not mean no action required, in fact it most certainly will mean the opposite. The outcome may be viewed as providing significant opportunity and or challenge which will impact on all sectors of the economy and all commercial functionality whether it be sales, marketing, engineering, research. manufacturing, logistics, IT, human resources, finance or legal. Uncertainty must be addressed and not be allowed as an excuse for inaction; contingency planning is necessary. We are fortunate in having a fabulous pool of talent, skills and experience in the UK; a significant proportion of which is currently … [Read more...]
Do you have a 1st April to 31st March holiday year for your staff?
If you don’t (i.e. it is the calendar year or some other arrangement) then this is not relevant. If you do have a 1st April to 31st March holiday year in your business read on…… In the current 2017/18 holiday year you may have noticed that Easter is split over two holiday years. Good Friday is on 30th March and Easter Monday is on 2nd April. The net effect is that for the 2017/18 holiday year staff may receive an extra day’s holiday. How you handle this will depend on what is in your contracts of employment regarding holiday. Legally, staff are entitled to 5.6 weeks’ holiday annually. In 2018/19 the number of bank and public holidays amount to 7 days ie one day short of the legal minimum and therefore you would be in breach of your employee’s rights. To avoid this, and depending what your contracts say, you may need to top up leave next year by one day. If you want a complimentary review of the position for … [Read more...]
What are the latest HR legal requirements business owners need to implement in April 2018?
For the SME community, the relevant scheduled changes from April 2018 are the rates paid for statutory purposes, a change to the tax treatment of payments made in lieu of notice, and the impact of new regulations from May regarding data protection of staff records. Changes in statutory payments From 1st April: Rates for statutory maternity pay, statutory paternity pay or shared parental pay rise to £145.18/week The national minimum wage for those aged 25+ rises to £7.83/hour From 6th April: Statutory sick pay rises to £92.05/week Employer contributions into a pension auto-enrolment scheme increases to a minimum of 2% Change to tax treatment of payments made in lieu of notice introduced From 6th April, the rules are being clarified, after years of ‘depending on what my accountant says’ when it comes to the tax treatment of pay in lieu of notice on the termination of an employee’s contract. All payments in lieu of notice … [Read more...]
Is your business ready for new GDPR legislation on Data Protection?
This article outlines the key themes of the new General Data Protection Regulation (GDPR) to help businesses understand their corporate responsibilities and the challenges of this new legal framework. Key facts about GDPR A data protection regulation to protect the data businesses hold on individuals. It is legislation with large fines for non-compliance It makes organisations much more accountable for the data they hold. Applies equally in all EU member states and to those offering goods or services to individuals within the EU Stricter stipulations apply to firms with over 250 employees Also applies to SMEs with under 250 employees when data processing carried out is likely to result in risk to the rights and freedoms of data subjects, the processing is not occasional or the processing includes special categories of data as defined in GPDR Article 9 It will be enforced across Europe from 25th May 2018 Overview of … [Read more...]
How to avoid failure in managing change in your business
Picture this scenario. You have grown your business to a particular point and now the numbers aren’t growing as fast as you would like. Furthermore, the relationships you have with your key people are changing – they seem more focused on what happened in the past, their focus is changing from the business to them, they are starting to question you more openly and perhaps in not an entirely constructive way. Change is needed. What is involved? There are essentially two aspects to this mirroring the two hemispheres of the brain – the rational and the emotional. The rational This is often the easier side of the brain for most MDs to relate to as this involves data and logical thinking. In the context of change, the MD knows what s/he has to achieve, the problems with the existing systems and people, and the new set of skills and capabilities needed for the future. Essentially it is a form of gap analysis. What do you as … [Read more...]
Are your ‘workers’ on the right employment status?
Contemporary talk is about the gig economy. Workers say ‘gigs’ are a less secure and more exploitative form of employment. Businesses will say that it is tapping into a trend for flexible working that allows individuals a choice and where, when and how they work. Interestingly the CIPD reports that the nature of work has not fundamentally changed in the last 20 years and, secondly, in summarising the outcomes of 5 surveys, between 14% and 33% of people in atypical work are only in these roles because they could not get regular employment suggesting that this form of working can suit people. So far, so good… In the last quarter there have been a number of legal cases that have found against high profile SMEs because there is confusion over the employment status of the worker or group of workers engaged in the business. This comes at a time when government policy is geared to protecting, or increasing, the tax take. We would suggest … [Read more...]
Power up your business with a Virtual Non-Executive Director
The benefits of Non-Executive Directors are well understood by many successful business owners. They bring an independent view and additional experience that enable better decisions to be made by the management board. Our Home Counties and London Group Business Advisors have developed a Virtual Non-Executive Director (VNED) service that offers Managing Directors and business owners the same independent view and advice without the complexity of shareholdings, appointing legal directors and director’s service agreements. Every company is different and yet there are many similar and transferable aspects from other industries and markets. Our experts are able to utilise their broad business experience and extensive network of contacts to support companies to achieve their strategic objectives. An independent view that challenges existing or new strategies can substantially enhance the robustness of a company’s direction. Sometimes difficult decisions are required to deal with … [Read more...]
Impending Employment Law Changes for 2017
As MDs think about the New Year or start planning for the next financial year there are a number of forthcoming employment law changes that may affect you and your business. Gender Pay Gap True this applies only to large employers (employing over 250 employees) but it is likely to be cascaded down to the SME sector in coming years. So why do something about this now? Gender pay gap reporting applies both to bonuses and pay. If there are discrepancies between male and female workers on either score when employees are doing the same job, there are likely to be fines, the cost of immediate remedial action and potential claims for back pay equalisation going back 7 years. The reporting requirement for large employers will be to publish: the difference in mean pay between male and female employees; the difference in median pay between male and female employees; the difference in mean bonus pay between male and female employees; the difference … [Read more...]
Resolving Directors’ disputes
As business advisers working with MDs we are used to solving business problems and recommending courses of action across the range of business disciplines. Recently we have been involved in a number of cases where we have sought to resolve disputes between Directors and/or shareholders across a range of issues, markets and company size. The purpose of this blog is to show how these disputes have arisen, the process we have followed to resolve them and to give reassurance to readers that you are not alone if you are faced with a potential disagreement and that help could be at hand. How have these disputes arisen? The businesses we have been working in have all been operating for at least 2 years, and in some cases, considerably longer. The theme has been a change in circumstances. From the heady days of starting up, with grand plans, a desire to work with business colleagues without a boss, the reality of running a business has caused cracks to … [Read more...]
How coaching can support leadership change in a small business
Coaching might be seen as the new buzzword of the age. It has come to cover a multitude of interventions – consulting, training, educating, advising, mentoring, therapy, counselling and so on. For me coaching is about engaging with the whole person to achieve the outcomes the business is looking for in a sustainable way. This first blog is to unpick that last sentence and explore how that fits in to succession planning in an SME environment. “Engaging with the whole person” means working with the rational and emotional sides of the brain. My client may or may not know what to do. Any knowledge gaps can be identified through coaching and a plan developed for further training and education outside the coaching relationship. That is relatively straightforward particularly if the person is motivated to succeed. The emotional aspect is just as important. I would be asking such questions as: How does the person really feel about the new opportunity (in the context of succession)? What … [Read more...]
Dividends, salaries and pensions for company directors – could you save tax by acting now?
If you are a company owner/director you probably don’t need reminding that we live in a constantly changing world of pension and tax regulations. That said, how confident are you that you have acted to ensure you are managing your personal and business tax affairs efficiently in light of recent changes? Below we have listed a few things to consider when talking to your tax advisors. If you take dividends, you have just a few weeks to save future tax - don’t assume that because the new regime affects the year from 6th April 2016 there is nothing you can do now. Instead take the opportunity to both act now and plan ahead. Regardless of when your company year end is, if you have sufficient funds (after corporation tax liabilities have been considered), award yourself higher dividends before the 31st March and save dividend tax that will be payable next year. New tax on dividends – what does it mean for you as a company owner/director? At the moment … [Read more...]
Getting maternity leave right with your key employees
Over the last 12 months l have worked with client MDs on 6 cases of maternity leave and on two of these cases, because they have become contentious, I have reflected on the causes of these disputes. Looking at this dispassionately one might say that this reflects a normal distribution – most situations of maternity leave will be managed perfectly well by both employer and employee. However, occasionally, there will be situations where the maternity will cause a rethink in the nature of the employment relationship leading to a dispute. In some cases the maternity accelerates the amicable ending of the employment relationship. I offer these thoughts to better manage the maternity leave process to do the best you can to avoid disputes. As the MD who knows the employee’s situation, you are probably best placed to predict any risks that may emerge. Whether you want to admit to the risks is another matter. If there is any likelihood of a breakdown in the employment relationship, ensure … [Read more...]
Dealing with an under-performing family member
This is one of those predictable problems which takes on additional angst because it involves a family member. As a predictable problem, its’ resolution can be proceduralised by specifically mentioning this situation in a family constitution so that there are no surprises if and when a situation like this occurs. But first things first. Why do people underperform? There are 4 reasons, 3 of which are the responsibility of family business management. The person cannot meet expectations The person does not know what is expected of them The person does not know that they are not meeting expectations The person will not meet expectations The first 3 reasons are management issues. Identifying the reason is the start point for the discussion. Are expectations too high? Are expectations too vague? Is the person’s role clear? Are the objectives set SMART? Are there regular reviews of the person’s performance? Is training or coaching provided to help the person … [Read more...]
Improve your Business – Take a Break
A recent survey found companies that can perform well without their owner for a period of three months are more successful and easier to sell than more owner-dependent businesses. Their owners also have a better quality of life. There is no better justification for taking a blissful, uninterrupted holiday than to see how your company performs in your absence. The better your company runs on autopilot, the more valuable it will be when you are ready to sell. To gauge your company’s ability to handle your absence, start by taking a break. Leave your computer at home and switch off your mobile. Upon your return, you’ll probably discover that your employees were resourceful, and found answers to a lot of the questions they would have asked you if you had been just along the corridor. That’s a good thing, and a sign you should start planning an even longer holiday. You will also probably come back to an inbox full of issues that need your personal attention. Instead of busily … [Read more...]
