In many service-based relationships, the Statement of Work (SOW) is where the real commercial detail sits.
The Master Services Agreement (MSA) usually sets out the legal framework: liability, payment terms, intellectual property ownership, confidentiality and other core provisions. But the SOW is the document that defines what the supplier is actually being asked to do.
Despite this, many SOWs are drafted surprisingly loosely. In practice, this is often where misunderstandings between clients and suppliers begin.
After reviewing a large number of commercial services agreements, a few recurring issues appear time and again.
1. Vague scope of services
A common problem is that the scope of services is described in very general terms.
For example, an SOW might say that a supplier will “support marketing activity”, “assist with digital strategy”, or “provide design services”.
At first glance, this may seem sufficient. However, these descriptions leave significant room for interpretation. One party may assume ongoing strategic support, while the other believes the engagement is limited to a defined piece of work.
When expectations diverge, disputes often follow.
A well-drafted SOW should clearly define what services are included, and just as importantly, what falls outside the agreed scope.
2. Unclear deliverables
Closely linked to scope is the issue of deliverables.
Is the supplier delivering a strategy document, a series of campaign assets, or ongoing advisory services? Are there specific milestones or outputs that must be produced?
Without clear deliverables, it becomes difficult for both parties to measure whether the supplier has met its obligations.
Clear deliverables also help prevent “scope creep”, where additional work gradually becomes expected without any formal agreement or adjustment to fees.
3. No objective acceptance criteria
Another issue frequently seen in SOWs is the absence of acceptance criteria.
Acceptance criteria provide an objective way for the client to determine whether deliverables meet the agreed requirements. Without them, discussions about whether work is “complete” can quickly become subjective.
Including acceptance procedures, such as review periods, feedback mechanisms and deemed acceptance provisions can significantly reduce friction during delivery.
4. Missing or weak change control mechanisms
Projects rarely remain static. Requirements evolve, priorities shift, and new ideas emerge as work progresses.
Without a structured change control process, however, these changes can blur the boundaries of the original scope.
A clear change control mechanism allows the parties to formally agree variations to the services, timelines or fees. This protects both sides by ensuring that additional work is recognised and documented.
5. Important legal terms appearing in SOWs
Another issue that sometimes arises is when key legal provisions are inserted directly into SOWs rather than being addressed in the main agreement.
Terms relating to liability, intellectual property ownership, or payment triggers can occasionally be repeated or modified in individual SOWs. This can create inconsistencies with the overarching MSA and lead to uncertainty about which provisions take precedence.
For this reason, core legal terms are usually better dealt with in the main agreement, leaving the SOW to focus on the commercial and operational detail.
The SOW deserves more attention!
Because the SOW governs the practical delivery of services, it often plays a central role in determining whether a project succeeds or fails.
A clear and well-structured SOW helps align expectations, manage scope and provide a framework for resolving issues as they arise.
In many cases, investing a little more time in drafting the SOW at the outset can prevent significant problems later on.
For businesses that regularly work under MSAs and project-based SOWs, treating the SOW as a key contractual document rather than an administrative attachment can make a meaningful difference to how smoothly projects run.
New duty to keep records relating to annual leave and holiday pay
There has been no explicit announcement from the government, and the new duty is omitted from the Department for Business and Trade’s timeline for changes being introduced in 2026, so it has been somewhat of a surprise to employers and those in the employment industry that recently released legislation which provides commencement regulations states that s.35 of the Employment Rights Act 2025 is being brought into force on 6th April 2026.
What do Employer’s need to do from 6th April 2026?
Keep records, in any format the employer reasonably considers appropriate, but that demonstrate that all eligible workers have been given the paid holiday they are entitled to under the Working Time Regulations.
Keep this information for six years
The information that must be recorded includes:
Ordinary and additional annual leave
Annual leave carried forward from previous years
Details of holiday pay, including which pay elements have been included or excluded
Any payments in lieu of annual leave, including for carried-over leave.
Despite the short notice, this does provide an opportunity for employers to audit how they record workers’ annual leave entitlement and pay, and identify where there may be gaps in their systems.
One of the first major decisions when establishing a business in the UK is the choice of legal structure. While often treated as an administrative formality, entity selection is fundamentally a matter of risk management.
From a legal standpoint, the question is not simply which structure is easiest to register, but which structure appropriately allocates risk, protects personal assets, and supports long-term strategic objectives.
1. Sole Trader
Operating as a sole trader is the simplest structure available in the UK. The business and the individual are legally the same entity.
Registration with HMRC is straightforward; however, there is no limitation of liability. All business debts and legal claims attach personally to the individual.
This structure may be appropriate for:
Low-risk or early-stage ventures
Freelancers and consultants
Testing a concept prior to incorporation
2. Partnership
Traditional partnerships in England and Wales are primarily governed by the Partnership Act 1890. Unless otherwise agreed, partners share profits equally and are jointly and severally liable for debts.
Each partner may bind the partnership. In the absence of a properly drafted partnership agreement, the default statutory provisions will apply often producing unintended consequences.
3. Limited Liability Partnership (LLP)
An LLP is a separate legal entity registered at Companies House. It provides limited liability protection while retaining structural flexibility.
LLPs are commonly used in professional services sectors. Members benefit from limited liability, but statutory filing and compliance obligations apply.
4. Private Limited Company (Ltd)
A private limited company is the most common vehicle for growth-focused UK businesses. It is a separate legal person distinct from its shareholders.
Shareholder liability is limited to any unpaid share capital. Directors, however, owe statutory duties under the Companies Act 2006, including duties to promote the success of the company and exercise reasonable care, skill and diligence.
This structure is often appropriate where:
The business carries meaningful commercial risk
Employees will be engaged
External investment is anticipated
Intellectual property ownership must be clearly defined
Companies are subject to ongoing administrative obligations including annual accounts, confirmation statements, and maintenance of statutory registers.
Key Strategic Considerations
Founders should consider the following at the outset:
What risks does this business carry?
Will I sign personal guarantees?
Will I take on employees?
Will I have co-founders?
Do I plan to raise capital?
Do I need asset protection?
Restructuring at a later stage can trigger tax implications, contractual complexity, and administrative burden. Early legal advice can prevent costly remedial work.
Conclusion
In the UK, choosing the correct business structure is not merely a registration exercise. It is a strategic legal decision that underpins governance, liability management, and long-term scalability.
Selecting the appropriate entity at the outset ensures that founders are not only building a business but building it on sound legal foundations.
Get in touch to see how our experienced team can help your business.
But if you’re building a podcast as part of a business, rather than as a hobby, there’s something else to think about early on.
Ownership.
When you’re listening to your favourite podcast, you’re not thinking about intellectual property rights or editorial control. Quite right too.
If you’re launching one, though, those questions matter.
The questions that tend to get overlooked
At the start, everyone focuses on content and distribution. Far fewer people think about:
Who owns each episode?
Does the company own the brand and format?
Can you edit contributions without approval?
Can you use clips in paid advertising?
What happens if a guest later asks you to take an episode down?
If you have a co-host, what happens if that relationship ends?
None of this feels urgent when you are recording episode one. It becomes much more important when the podcast gains traction.
When a podcast becomes a brand
A podcast can quickly move from being “content” to being a commercial asset. It might become:
A marketing channel
A sponsorship vehicle
A revenue stream
A recognisable brand
A valuable piece of IP
Once that shift happens, the legal structure behind it matters. That does not mean overcomplicating things but it does mean putting sensible, proportionate agreements in place so that the business retains control of what it is building.
That may include co-host agreements, guest releases, clear IP ownership provisions and properly drafted sponsorship terms.
Much easier to agree upfront
It is straightforward to agree ownership and usage rights before publication. It is far harder to revisit old episodes and renegotiate rights once the podcast has an audience and commercial value.
Podcasting is low barrier to entry. That is part of its appeal. Retrofitting ownership and control once it grows is rarely straightforward. If a podcast forms part of your wider business strategy, the legal framework should reflect that from the outset.
Our commercial team can help with this, leaving you to concentrate on those star guests. Drop us a line.
Once upon a time, the Employment Elf noticed a funny thing.
The magical (United) Kingdom which usually blesses its subjects with eight bank holidays in a year had lost one! Where could it be?
Ahh yes, the last bank holiday of the year had tipped into April 2025 because we all had to wait a little longer to eat our chocolate Easter eggs this year.
Good Friday wasn’t until 18 April 2025. So, there would only be seven bank holidays if the happy workers had an holiday year that ran from 1 April 2024 to 31 March 2025, and they were only entitled to the statutory minimum under the sparkly Working Time Regulations, that is, 28 days including bank holidays.
The responsible employers asked with concern to the Employment Elf – what should we do? So the Employment Elf unrolled the to-do list scroll which said the following:
Check contracts and holiday policies to see if the holiday year runs from April to March and if any workers will be impacted
If the employment contract states 28 days, including bank holidays, there’s no issue – employees still get their full entitlement. They will get the seven bank holidays off and will have 21 days to take at another time.
If the employment contract states 20 days plus all bank holidays, there is a problem – affected workers would only receive 27 days, falling short of the statutory minimum.
So how do we find this lost bank holiday, the responsible employers asked? Well here’s the magic, the Employment Elf replied, you can give any affected employees an extra day’s leave before the 31 March 2025 so you won’t be caught out with a risk of a potential claim for unlawful deduction from wages claim.
The responsible employers sighed with relief and all was well again with the workers in the land of the magical (United) Kingdom and everyone lived happily ever after.
If you need to speak with the Employment Elf, drop us a line here and we’ll put you in touch (disclaimer, she’s actually part of Team Tend!).
TUPE transfers are a complex area of employment law requiring specialised legal advice to navigate successfully without any hurdles. Still, understanding the basics helps you communicate with your solicitor more efficiently, mitigate risks, and make more informed decisions regarding your growing business.
Read our guide below to get a better grasp on TUPE transfers, what they mean, who they apply to, and their legal implications – let’s get started:
What Is TUPE?
When a business or part of a business is sold or transferred to another business, employees must automatically transfer from the first employer to the second, maintaining the same terms of employment and continuity of service as before.
The Transfer of Undertakings (Protection of Employment) Regulations 2006, also called TUPE in short, is the UK law protecting the rights of employees in cases like the one above. It ensures that employees transfer with the business and that the transfer does not affect any aspect of their employment such as continuity or salary.
It is important for any start-up, agency, or large enterprise to be aware of the legal responsibilities involved in a TUPE transfer
When Does TUPE Apply?
TUPE regulations apply in cases where there is a “relevant transfer”, which can mean either:
A Business Transfer
A business or part of a business that is sold or bought by your company. The transferred economic entity must retain its identity throughout this process.
A Service Provision Change
This can involve:
An initial outsourcing of service – the client hires an outside contractor to provide certain services on the client’s behalf
A subsequent transfer – the client reassigns a contractor’s work to another
Bringing the service back in-house – client brings the work back ‘in-house’
When talking about TUPE, you’ll often hear the terms ‘transferor’ and ‘transferee’. In this case, the ‘transferor’ refers to Employer A, which is the seller of a business or the client outsourcing services (in other words, the previous employer). The ‘transferee’ refers to Employer B, the buyer or the outsourced service provider. The employees and resources that are being transferred under TUPE are also called the ‘organised grouping of employees or resources’.
Who Do TUPE Regulations Apply To?
TUPE is a UK law, which means that it only applies to organisations that are in the UK. However, it might also apply to international transfers if:
An employee works abroad, but the business is UK-based
Part of the business is moved abroad as a result of the transfer (this must be the direct purpose of the transfer)
In the case of service provision changes, the organised grouping of employees must be based in the UK for TUPE to apply.
TUPE will apply to businesses regardless of:
Size – it applies to any organisations from small start-ups to scale-ups and large enterprises
Sector – it applies to businesses operating in all industries regardless of whether they are a public or private company or a charity
4 Key Points to Remember if TUPE Applies
Automatic Transfer
If TUPE applies, Employer A’s organised grouping of employees or resources immediately transfers to Employer B on the transfer date. This transfer must happen on the exact same terms of employment as before while ensuring service continuity. This includes:
Income
Holiday pay
Medical insurance/other insurance
Bonus and commission schemes
Maternal/Paternal leave schemes
Redundancy pay
Any other pre-existing employment terms.
Terms such as old age, invalidity and survivors’ benefits under occupational pension schemes are not included in the list.
After the transfer, employees will be treated as if they had always worked for Employer B.
If an employee or group of employees is dismissed specifically because of the transfer, and not an “economic, technical or organisational reason entailing changes in the workforce” (also called an ETO reason), it will be automatically considered an unfair dismissal.
Changes To Terms May Be Void
Any changes to your employment terms and conditions may also be considered void if the reason for the changes is:
The transfer itself
A non-ETO reason
If the changes to your conditions of employment happen for an ETO reason or are otherwise unrelated to the transfer, then they won’t automatically be considered void.
Because of this, sometimes transferred employees can have different employment terms compared to Employer B’s already existing employees. In such cases, the current employer might choose to ‘harmonise’ all employment terms and conditions. This way, all employees work under the same terms. This would only be allowed if the transferred employees’ terms improve, and not if they become worse. For example, an employee may not get a decrease in paid time off but could get an increase.
When it comes to TUPE transfers, affected employees’ contracts and terms of employment cannot be changed for reasons related to the transfer or for non-ETO reasons
Obligations To Inform And Consult
Both Employer A and Employer B have a legal obligation to inform and (in certain situations) consult with any of their employees who may be affected by the transfer.
If an employer has more than 50 employees, and more than 10 employees are transferring, then the employer must inform and (if applicable) consult with a recognised trade union or employee representatives on behalf of the affected employees.
If there is no recognised trade union and no representatives, the employer must arrange for employee representatives to be elected.
However, if an employer has fewer than 50 employees or fewer than 10 employees are transferring, then the employer can inform and consult with the affected employees directly.
The obligation to inform applies to any TUPE transfer and the information to provide is prescribed by TUPE. However, employers are only obliged to consult with affected employees or their representatives when they envisage taking measures concerning the affected employees.
Employee Liability Information
Employer A also has the additional obligation to provide all relevant information to Employer B not less than 14 days before the transfer date. The information must relate to each transferred employee, including disciplinary and grievance records.
If Employer A does not fulfil this responsibility, then Employer B is entitled to compensation based on any losses suffered. Legal penalties can start at a compensation of £500 per employee whom information was not provided for.
Common Questions Employees Ask Regarding TUPE Transfers
Business transfers can be a confusing time for employees. This is exactly why it is important to highlight their legal rights of employment post-transfer to mitigate any ongoing concerns.
How Long After A TUPE Transfer Can My Employment Contract Details Be Changed?
As per TUPE regulations, employees are protected from any contractual changes indefinitely. This specifically applies to contractual changes that happen due to the transfer itself, or for any non-ETO reasons.
Employers also have the legal responsibility to ensure the continuity of employment terms without any pause.
Can My Salary Be Reduced Under A TUPE Transfer?
As mentioned before, your new employers cannot modify your contract of employment if it involves worse terms or working conditions. Any changes to your salary must be an improvement to your pre-existing terms and conditions.
Get Expert Legal Advice On Employment Law Matters With Tend Legal
While we’ve covered the basics, it’s important to realise that TUPE laws are complex and require expert knowledge to navigate. Whether you’re a business looking to sell parts of your organisation, or an enterprise changing their service providers, if you believe TUPE applies to your situation then you should consider seeking legal help. Hiring expert legal advisors will help you ensure your business stays compliant at all times.
At Tend Legal, we offer expert advice on all matters relating to employment law (and not only!). We deal with all the complex legal hurdles to ensure a smooth transfer for your business. Learn more aboutour expertise orcontact us today to schedule a free, no-obligation consultation!
Starting a small business is a very exciting but also challenging time in the life of any entrepreneur. Depending on your business structure and industry, you’ll need to sort out many different types of legal documents before your business can legally operate. Each business has different needs as well, which makes it all the more difficult to figure out what you need to stay compliant with the law.
At Tend Legal, we help new business owners understand the legal requirements for starting a business in the UK, starting with the essential documents.
Starting a Business in the UK - Legal Requirements
The most essential types of legal documents are the documents that register your business, protect individuals’ data, health, safety, and rights, and protect intellectual property. Each document will define how you interact with suppliers, shareholders, customers, and employees, so it’s important to get it right. Let’s have a more detailed look below:
Ownership Documents
As a newly formed business, your start-up will require legal documents which govern the relationship between co-owners of the business.
There are two main types of documents to consider depending on your business structure:
Shareholders Agreements and Articles of Association
If you’ve set up a limited company with others, you will need a shareholder agreement and articles of association. These documents outline the rights and responsibilities attached to each type of share, rules around decision-making and share transfers, and outline what happens in various scenarios such as the departure or death of a shareholder or disputes between shareholders.
Partnership Agreements
If your business is a partnership, a partnership agreement is essential. This document outlines the duties, rights and responsibilities of all partners involved. It can help streamline the decision-making process of the partnership, as you will know exactly how decisions are made at a strategic level within the company. A partnership agreement will also provide for what happens if a partner leaves the partnership.
Data Protection Documents
Personal data is any information that relates to a person who could be identified, directly or indirectly, based on that information.
Most businesses nowadays will collect personal data in some way. For example, information relating to employees of the business, or email addresses of customers or clients.
Handling personal data in the UK is regulated by UK GDPR, and the consequences of failing to comply can be very serious. If your business deals with customers, suppliers or partners in other countries, you may have to comply with the data protection rules of that country also.
The data protection documents each company needs will depend on its data processing activities, but they will generally include a data protection policy, privacy notices and data processing agreements.
Having the right data protection documents in place helps businesses communicate what personal data they collect and process, as well as what they intend to do with it. This is a legal requirement, so it’s important to get it right.
Terms and Conditions
If you’ve ever used an online store or business website, you’re probably familiar with the famous Terms and Conditions (or T&Cs). Any business that has a website that visitors interact with needs a comprehensive T&C document that contains:
Terms of use for your visitors
How products and services are delivered
Cancellation and renewal policies
Your T&C document shouldn’t just be a template downloaded from the internet – it needs to be specifically tailored to your business and also updated regularly to avoid any issues. If you’re unsure how to write your T&C document, consider hiring an expert legal team specialised in advice for start-up businesses.
Contracts for Goods/Services
As a business, you will also need legal documents to record any trades of goods and services, regardless of whether you are the buyer or the seller.
There are two ways to go about it:
Unique contracts, tailored to a specific deal (e.g. hiring a consultancy service)
Standard contracts, presented on a take-it-or-leave-it basis (e.g. selling goods in an online store)
Whether unique or standard contracts are most appropriate will depend on the goods or services you’re buying or selling. In either case, it’s important that the contracts relate specifically to your business and cover key areas of risk. As a minimum, they should include:
an accurate description of the goods or services being provided
pricing and payment terms
any relevant time frames for the supply of goods or services
ownership of any deliverables
term of the contract
termination rights
other provisions specific to the goods or services in question.
It’s important to get legal advice from an expert commercial lawyer on what to include in your contracts, to make sure your business is properly protected.
Intellectual Property
As a business owner just getting started on the fulfilling journey of entrepreneurship, you should become familiar with the term “intellectual property rights”. If you’re introducing new ideas, new designs, or any other form of intellectual property (“IP”), you will want to make sure you protect them from potentially being stolen. IP can also include things such as your brand name and logo, trade secrets, your website content, or your customer database.
The form of IP protection you need will depend on the type of IP. It might include registering a patent to protect inventions or innovations, or a trade mark to protect your trading name and logo.
When working with third parties such as investors, vendors, suppliers, and independent contractors, you may have to share confidential IP with them. This is where a Non-Disclosure Agreement (NDA, or confidentiality agreement) comes into play. An NDA can help:
State which information provided to third parties is to be kept secret
Outline the potential legal recourse taken in case of confidentiality breach
Some sensitive information could jeopardise your business if revealed to the wrong parties, so it’s important to protect yourself with an NDA. You should also consider what sensitive information you need to share and whether there are any technological or other ways of limiting how that information can be used.
Lease/Tenancy Agreements
If your business has physical premises, you’ll need a tenancy or licence agreement for it. This agreement will be provided by your landlord, but it is important to make sure you understand the terms and are not leaving your business unnecessarily exposed.
These terms and conditions include but are not limited to:
Tenancy term
Rent amount
Insurance
Liability for repairs, alterations, and improvements
Subletting and assignment
Termination and renewal rights of each party
Security (for example rent deposit or personal guarantee)
Tax
When starting a new business in the UK, there are several key tax documents you need to have in place:
Registration Documents: Depending on your business structure (sole trader, partnership, or limited company), you must register with HM Revenue and Customs (HMRC). Sole traders and partnerships need to register for self-assessment, while limited companies must register for Corporation Tax.
VAT Registration: If your business’s taxable turnover exceeds the VAT threshold (currently £85,000), you must register for VAT. You’ll need to keep records of sales and purchases, issue VAT invoices, and submit VAT returns.
PAYE Registration: If you plan to employ staff, you must register as an employer with HMRC and operate PAYE (Pay As You Earn) to handle income tax and National Insurance contributions.
Business Rates: If you operate from business premises, you may need to pay business rates. Ensure you have documentation related to your business property and any applicable reliefs.
Annual Accounts and Tax Returns: Limited companies must prepare annual accounts and submit a Company Tax Return to HMRC. Sole traders and partnerships need to complete an annual Self-assessment tax return.
Record Keeping: Maintain accurate records of all business income and expenses, as well as any other relevant financial documents. This is crucial for tax purposes and for preparing your annual accounts.
These documents are essential for ensuring your business complies with UK tax laws and operates smoothly.
Health and Safety
As a business, you will need to abide by strict health and safety regulations to ensure you, your customers, and your employees stay protected. If your business operations deal with heavy machinery or chemicals, you might have additional laws that you need to adhere to. The basic requirement for documents includes:
Risk assessments (in writing if you have five or more employees)
Health and safety policy (in writing if you have five or more employees)
Accident and incident reports
Information and training for employees
Poster in your workplace setting out health and safety laws.
However, make sure to check your industry’s health and safety regulations, which could impose further obligations. You can find more details on the HSE website.
Employment
Even if your business only has one or two employees, you will still need to make sure you keep a contract for each. The contract ensures that each employee is fully aware of their employment terms, responsibilities, and salary. It can also include clauses that give additional you additional protection, such as post-termination restrictive covenants which prevent departing employees from taking clients or colleagues with them.
You should also have policies that set out information on grievances, disciplinary action, and other HR procedures.
Insurance
When starting a new business in the UK, securing the right insurance policies is crucial to protect against unforeseen risks and liabilities. You will need:
Employers’ liability insurance – legally required if you hire staff, covering claims for workplace injuries or illnesses.
Public liability insurance – essential for businesses interacting with the public, protecting against claims for injury or property damage caused by your business activities.
Professional indemnity insurance – vital for businesses providing professional services or advice, covering legal costs and compensation if a client suffers a financial loss due to your work.
Product liability insurance – important for businesses manufacturing or supplying products, safeguarding against claims of injury or damage caused by defective products.
Other key insurances include commercial property insurance to protect your business premises and contents, and cyber insurance to cover data breaches and cyber-attacks. These insurances help ensure your business is well protected from various risks, allowing you to focus on growth and success.
Why Is It Important to Have The Right Legal Documents as a Start-up?
Now having the right documents in place exposes you and your business to risk. Not only can this affect your reputation, but it also leaves you vulnerable to potential legal issues and disputes. After all, the law can’t protect you if you don’t follow it.
Any potential disputes that arise from non-existent or poorly made written contracts can lead to a lot of money and time loss, resources which are essential to running your business and achieving your goals.
On the other hand, having the right documents in place reduces uncertainty and risk, and shows customers, partners and investors that you are a well-run business that takes compliance seriously and manages risk.
Consider the following example: You hire a contractor without a written agreement. They don’t complete the work required, leaving you with an incomplete job to fix yourself or hire an additional contractor to sort out. This takes away more time and money which would have been better used in other things like successfully running your business.
In this case, a written agreement could have clearly outlined the tasks and responsibilities of your contractor. If they don’t complete it in full, you have proof of your past agreement which you can use to support your claim and potentially get a refund for the services.
Get Expert Legal Support With Tend Legal
Our expert solicitors at Tend Legal are here to help you understand the ins and outs of starting a business, helping you set up all the essential legal documents to operate lawfully.
No matter if you’re a start-up or established business, you will have to deal with matters related to both corporate and commercial law in order to operate legally, morally, and safely. Both niches relate to your business and how it operates but approach it from very different angles.
When hiring a solicitor, it is important to choose lawyers who specialise in the area you need help with. Understanding the main differences between corporate and commercial law is key to finding the right legal advisor for you. Let’s explore these differences more in-depth below:
What Is Corporate Law?
First, we’ll have a look at corporate law.
Corporate law, also known as company law, is the field of law that deals with your company as a whole. In other words, it is the law which governs your business as an independent legal entity and all the people who own and/or manage that business. Corporate law firms will help aid your interactions with other companies (e.g. mergers and acquisitions) as well as your inside operations (e.g. company-wide restructures).
Corporate law also deals with corporate governance and finance, playing an essential role in any large-scale transactions at a company level.
Corporate lawyers can cover a wide range of legal matters, including but not limited to:
Company mergers and demergers
Buying and selling companies
Shareholder rights and agreements
Raising capital
Formation, corporate restructuring, and dissolution of companies
Litigation
Insolvency
A corporate solicitor will also be a key link between your company and its shareholders or investors. They provide legal assistance with contract negotiations to protect your interests and get the best deal for your company. If you are a start-up, business lawyers can also deal with all the rights and obligations of setting up, financing, and running your company.
What Is Commercial Law?
While corporate law is more concerned with big-picture issues, commercial law deals with day-to-day company operations such as commercial transactions, business deals, and commercial trading. Commercial law, at its core, will deal with all things that turn a profit. It helps make sure every commercial activity and transaction is compliant with consumer law and other regulations.
An expert team of commercial lawyers will help you stay within the bounds of the law regarding a wide variety of legal matters, such as:
Contracts for supply of goods or services
Terms and conditions of sale or purchase
Terms of website use
Privacy notices
Data protection
Consumer law
Contract law
Intellectual property rights, including trademarks and patents
Litigation
International trade
The work of a commercial lawyer is varied, as they regularly negotiate contracts, deals, and agreements for your business as well as prepare standard documents for your business and advise on compliance.
Corporate vs. Commercial Law – What Are The Differences?
As you can see, both corporate and commercial law are essential in ensuring proper business conduct no matter the industry you operate in. They are closely related as they both deal with legal issues pertaining to your company. Ultimately, they both help your company grow and thrive.
However, the main difference between corporate and commercial law is that they govern very different types of operations. Corporate law will deal with big-picture issues, aiding your business in its partnerships with other companies, while commercial law protects your business interests in your day-to-day operations with customers or clients.
Still, both corporate and commercial lawyers will share lots of similar skills, useful when dealing with the broad range of activities that legal work involves:
Extensive knowledge of their respective jurisdictions
Strong communication and negotiation skills, useful when negotiating settlements, shareholders’ agreements, or arguing court cases
Effective teamwork, helpful when liaising with their team but also when giving legal advice to business owners, making sure everyone is on the same page so the process can run as smoothly as possible
Problem-solving, helping them achieve the best results possible for their clients
Commercial and Corporate Law Advice With Tend Legal
When dealing with the legal hurdles of setting up or running a business, there is no room for mistakes. If you want to ensure all your documents, transactions, and operations are compliant with the law, it’s important to hire lawyers experienced in the relevant area of corporate and/or commercial law.
Our expert solicitors at Tend Legal are here to help you understand the ins and outs of your business, keeping your best interests in mind and helping you achieve the success you want and deserve. In need of corporate or commercial legal services? Book a free, no-obligation consultation today and let’s discuss!
I was chatting the other day to a commercial and insurance barrister. In comparing “notes” on our respective areas of law, he commented he felt he had it much easier, in that Employment law seems to constantly keep those who practice in it on their toes, with ever changing legislation and a stream of constant case law. I couldn’t agree more but that’s one of the many facets that I love about it; the continual learning and the application of new laws or case decisions to matters you’re working on.
With that it mind, I thought it was a ripe time to let our readers know about some legislative changes which have taken or will take place this year. These are set out in brief below:
The Employment Rights (Amendment, Revocation and Transitional Provision) Regulations 2023
The provisions aim to simplify the calculation of holiday entitlement for part-year and irregular hours workers. In TUPE <50 employees will be able to consult directly with employees rather than having to have worker representatives in place. Businesses won’t be obliged to maintain a record of worker’s daily working hours but instead will need to keep adequate records to demonstrate compliance with the Working Time Regulations.
Equality Act 2010(Amendments) Regulations 2023
The purpose of the Amendment Regulations 2023 is to reproduce in the Equality Act 2010 (EqA) certain interpretive effects of retained EU law which provide protection against discrimination, and which would otherwise have ceased to apply from the end of 2023 because of the Retained EU Law (Revocation and Reform) Act 2023. One such example is refining the definition of disability under the EqA to consider a person’s ability to engage in working life as a relevant factor in assessing “day to day activities”.
Employment Relations (Flexible Working) Act
Employees gain the right to make two flexible working requests within any 12 month period (previously one). The obligation on the employee to explain what effects the proposed change has on their employer and what solutions are available to mitigate these effects, is no longer required. Employers are now required to consult each employee if they are rejecting there flexible working request and need to reach a decision within two months instead of three.
The Carer’s Leave Act
This guarantees eligible employees the right to take one weeks’ leave per year to care for a dependent. To cover, spouse, civil partner, child, parent, or a person relying on the employee for care. This is a day one right.
The Neonatal Care (Leave and Pay) Act
This allows additional time off (up to 12 weeks) beyond the standard parental leave. Applicable from day one, it provides paid leave for parents when their baby is in neonatal care.
Employment (Allocation of Tips) Act 2023
This will protect the earnings of hospitality workers and employees. This act makes it illegal for businesses to withhold tips from employees. Employers must ensure fair tip allocation, prompt payment, and maintain clear written policies, such as a three year record of tip distribution.
National Minimum Wage
The largest ever increase to a minimum wage in cash terms (£11.44 an increase of £1.02) and will apply to all workers over 21 for the first time (previously over age 23)
Police, Crime, Sentencing and Courts Act 2022
This has come into force which means that criminal convictions become spent after a shorter time, reducing the period that individuals are legally required to declare them to their employers.
The Worker Protection (Amendment of Equality Act 2010)
Employers will be under a statutory duty to take reasonable steps to prevent sexual harassment in the workplace. If employer fail to take reasonable steps to prevent sex harassment, the Equality and Human Rights Commission can take enforcement steps, plus any successful tribunal claim will be subject to a compensation uplift of 25%.
Workers (Predictable Terms and Conditions) Act 2023
This introduces a new statutory right for workers (including agency workers) to request a more predictable working pattern. Can be requested once in a year and will broadly follow the current requests for flexible working process including reasons for employer to refuse request such a costs burden, detrimental impact on business or there being insufficient work during the periods the worker has asked for work.
June 2024
Georgiana is an experienced Employment Law solicitor at Tend Legal. She delivers clear, pragmatic legal advice and sustainable solutions in a friendly, no-nonsense manner.
If you need advice on any of the areas discussed above or anything else Employment Law related, don’t hesitate to get in touch. We are here to help!
