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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.

Protests over unregulated asset based finance

2 April 2015

Protests over unregulated asset based financeSME owners have protested this week over moves by the Department for Business, Innovation and Skills (BIS) to encourage the use of unregulated asset based lenders.

Small business owners, led by the Campaign for Regulation of Asset Based Finance (RABF), demonstrated at the BIS offices on Tuesday 31 March to highlight the unregulated structure of the asset based lending industry, which includes factoring and invoice discounting.

The Government is promoting this funding option to SMEs that have been turned down for a conventional loan or overdraft by banks, as part of its Alternative Funders Initiative.

Unlike bank loans, which are which are protected by the Prudential Regulation Authority (PRA), the factoring and invoice discounting finance sector is only covered by the Sales of Goods Act, the same legislation as for pawnbrokers.

The asset based finance sector funds around £300bn worth of invoices annually for businesses. But, according to RABF, the industry has been rocked by a series of scandals over the forced insolvency of solvent companies, with finance companies profiting from the sale of assets.

Brian Moore, RABF spokesman, says a factoring company can make up to £500,000 as a secured creditor at the expense of HMRC, normally the largest unsecured creditor due to the removal of the Crown Preference.

The industry’s trade body – the Asset Based Finance Association (ABFA) – has launched its own Ombudsman Service.

Campaigners are highlighting the fact that Andrew Bailey, deputy governor of the Bank of England, is advocating a change of legislation that will put 70% of lending under the control of the PRA.

Brian Moore says it is “madness” that an SME can be protected by the PRA for a loan or an overdraft borrowed from a bank, “to then act on advice from the Government for an alternative funder, borrow from the same bank (or any other asset based lender) via a factoring agreement and only be covered by the Sale of Goods Act.”

He added: “We have seen company after company closed for their assets both by the banking and non-banking sector. We will be demanding that the unregulated asset based finance industry is removed by BIS as a recommended alternative lender until the subsidiaries of the banks are covered by the amended legislation as recommended by the PRA.”

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