Skip to main content
Practical employment law information to support your business, from Clover HR

Search

Establishing a successful recruitment process and clear written employment contracts for new employees can have a major impact on your business.

Every business needs to be aware of its obligations under minimum wage and equal pay laws, as well as recent pensions auto-enrolment changes.

You must comply with legal restrictions on employees' working hours and time off, or risk claims, enforcement action and even prosecution.

The right employment policies are an essential part of effective staff management. Make sure any policy is clear and well communicated to employees.

While sick employees need to be treated fairly, you need to ensure that 'sickness' is not being used as cover for unauthorised absence.

Most pregnant employees are entitled to maternity leave and maternity pay, while new fathers are entitled to paternity leave and paternity pay.

As well as undermining morale, illegal discrimination can lead to workplace grievances. Employee discrimination is covered by the Equality Act 2010.

Home, remote and lone workers are becoming increasingly commonplace. Key issues include communication and how to manage and motivate people remotely.

The right approach to consulting with and providing information to your employees can improve employee motivation and performance.

Disciplinary and grievance issues can be a major burden to employers. Putting in place and following the right procedures is essential.

Following the right dismissal and redundancy procedures helps protect your business and minimise the risk of a legal dispute at tribunal.

Employment tribunal claims are a worrying prospect for any employer. A tribunal case is a no-win situation – even if the claim is unjustified.

Are rolling tax payments on the cards for business owners?

30 March 2021

The government has opened a consultation on the idea of replacing annual self-assessment tax returns with a rolling in-year tax payment system for businesses and the self-employed.

HMRC is seeking views on bringing the payment of income tax and corporation tax closer to the time when income is received. It's all part of Tax Day on 23 March when the government published a series of tax documents and consultations as part of its move to create a "more trusted, simple and modern tax system".

The call for evidence on timely payment runs to 13 July 2021. The Institute of Chartered Accountants in England and Wales (ICAEW) said "any changes will be controversial but will not be made within this parliament". However, a move towards timely payments is coming as Making Tax Digital for Income Tax will be mandated from April 2023.

According to the ICAEW, the rate of unpaid income tax due through self assessment (ITSA) and corporation tax (CT) is much higher than for taxes such as VAT and income tax and national insurance contributions collected by PAYE.

An Office of Tax Simplification report in 2019 also found that many self-employed workers - particularly those on low incomes - would welcome paying tax more frequently to help with budgeting. For many taxpayers, however, the amount of their tax liability can only be accurately assessed on an annual basis.

Commenting on the proposals, Caroline Miskin of ICAEW's Tax Faculty said: "Earlier payment is in the government's sights but is not an inevitable consequence of MTD ITSA and CT. It is disappointing that underlying simplification of the tax rules, to make it easier for taxpayers to understand their liability, is not being considered before digitalisation and earlier payment."

Andy Chamberlain, director of policy at the Association of Independent Professionals and the Self-Employed (IPSE), said: "We welcome the fact the government wants to improve the tax experience for self-employed people and we are keen to work with them on this. However, there are some unanswered questions about the proposal.

"First, many self-employed people's incomes fluctuate substantially throughout the year - and while the current annual system accounts for these and ensures self-employed people pay the right rate, it is not clear how this would work with rolling in-year taxes. It is also not yet clear how this would work with late payments - which are a substantial problem for self-employed people.

"We would want to be satisfied this proposal would not pile even more of an administrative burden on self-employed people. There seems a risk here that rolling administrative tax responsibilities could be added to the requirement to complete some form of annual tax return - which would eat even further into freelancers' vital working time."

Written by Rachel Miller.

Stay up-to-date with business advice and news

Sign up to this lively and colourful newsletter for new and more established small businesses.