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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.

Is your business at risk without a POA?

4 December 2015

Is your business at risk without a POA?Almost half of small business owners are aged over 55, and yet few have made plans to cover serious illness or physical or mental incapacity.

Law firm Moore Blatch is warning that millions of small businesses are at risk of collapse, if the business owner were to become temporarily incapacitated and unable to sign company documentation.

Very few business owners have a Lasting Power of Attorney (POA) in place, according to Moore Blatch. Without a POA many business-critical financial transactions could not take place, such as contractual arrangements, banking and financial transactions or the renewing of leases for example.

In the UK, around 47% of small business owners are aged over 55, a figure that is increasing annually, and 23% of owners have a longstanding illness or disability. Around 62% (3.3 million) of all UK businesses are sole proprietorships; 30% are companies and 8% are partnerships.

Although it is possible to apply to the Court for a Deputyship to deal with an individual's personal and business affairs whilst incapacitated, Moore Blatch says this could take up to six months, by which time the business may have ceased to operate.

Philip Whitcomb, senior solicitor, taxes and trusts at Moore Blatch, said: "Many people are aware of the importance of having 'key person' insurance to protect the business in the event of a death. But most don't consider what happens in the event of incapacity and an inability to carry out business-critical decisions."

He added: "Company directors should also review their governing documents, such as the articles of association, since they may contain provisions on the incapacity of directors. I believe a Lasting Power of Attorney should be viewed as another insurance policy vital to the ongoing success of the business."

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