Library Archives - Page 8 of 39 - Palmers Solicitors
Twitter X
Palmers Solicitors

Library

How can director disputes be resolved?

How can director disputes be resolved?

When there is friction at the board table, everyone suffers.

Disagreements between directors can disrupt decision-making, damage working relationships, harm public perception and, in some cases, threaten the stability of the business itself.

The longer the tension is left to fester, the harder it becomes to resolve.

It can be even more challenging to resolve these matters where a company has only two directors, especially if both hold equal shares.

In this situation, a disagreement can lead to a complete deadlock and important decisions cannot be made if neither director is willing to compromise.

Common reasons behind director disputes

Director disputes are not uncommon, particularly in small and medium-sized businesses, family-run companies and startups.

Some of the main reasons for these conflicts include:

  • Personality clashes
  • Different views on the direction of the business
  • Disagreements over pay and workloads
  • Misunderstandings over responsibilities
  • Allegations of misconduct

If these issues are not addressed early, they can lead to more serious problems.

In some cases, disputes may involve allegations that a director has breached their duties, thereby exposing individuals to personal liability.

More serious situations can even result in formal disqualification proceedings.

Resolving conflict between directors

There are a few options to consider when hoping to resolve a director’s dispute. The right solution will depend on how severe the situation is and the context of it.

However, the starting point for most disputes (where possible) is usually open communication.

Directors should find a moment to sit down together and discuss their concerns calmly.

For this to work, the focus needs to be on the business and what is best for it, not on any personal grievances that may be at play.

If these discussions don’t result in a solution that all parties are satisfied with, mediation could be the next step.

Involving a trained third party in the discussion can help directors communicate more effectively, providing an impartial viewpoint of the situation.

Without a personal stake in the conflict, the mediator can identify the root cause and work towards a solution everyone can accept.

Keeping accurate board minutes and records ensures a transparent account of what was agreed and why, helping prevent misunderstandings from escalating into formal disputes.

In more serious cases, legal advice may be required.

Solicitors specialising in corporate governance can provide guidance on directors’ duties, shareholder rights and potential remedies, helping to protect both the company and individual directors.

Get expert support with director disputes

We understand that with so much else to attend to when you’re running a business, sitting back and hoping a dispute blows over on its own can seem appealing.

However, ignoring tension is very unlikely to make it disappear, so directors in disputes should aim to resolve matters as quickly and as amicably as possible.

If you feel a director dispute is brewing or you’re in the middle of one, please contact us for support.

Essex employment solicitor advises on work and pay during adverse weather conditions

Essex employment solicitor advises on work and pay during adverse weather conditions

With the first snowfall of 2026 affecting large parts of England this week and more expected to come, Kristie Willis, Employment Solicitor at Palmers Solicitors, is reminding employers and staff of their rights and responsibilities.

“Employers have a duty of care to protect their staff,” Kristie said. “That does not stop when the weather takes a turn for the worse. If the authorities advise against travel, employers should not expect employees to risk their safety just to get into work.”

She emphasises the importance of creating contingency plans for scenarios where the weather disrupts business operations.

“A clearly drafted adverse weather or travel disruption policy makes a huge difference as it sets out expectations for everyone.

“For example, can staff work from home? Could start times be flexible? Sharing the policy in advance allows employees to ask for clarification on anything they are unsure of to avoid confusion.”

Kristie also addressed the question of closing workplaces as a safety measure.

“If it is unsafe to open, employers should consider closing the business. Staff are usually entitled to pay if the workplace closes, because they are ready and willing to work.

“That changes only if the contract specifically allows for lay-offs or short-time working.”

For employees unable to attend work while the workplace remains open, how they are treated can vary depending on the employer.

“ACAS suggests pay is not required if someone cannot get to work due to snow or ice because they are not fulfilling their contract of employment.

“However, I would like to state that there is no conclusive case law supporting this sentiment.

“When deciding whether to pay employees who don’t show up to work due to weather conditions, employers should consider what stance they have taken in the past.

“If staff have been paid for bad weather before, suddenly withholding pay could cause disputes. Ideally, the employee’s contract and the employer’s policy will make the situation clear.”

Kristie also stressed fairness for those with caring responsibilities, for instance, where they have children.

“If schools close, employees have a right to take reasonable time off to care for their children, though this is usually unpaid.

“Employers should be cautious of paying employees who cannot travel to work but not paying employees who cannot attend work due to caring for dependents to avoid discrimination claims arising as a result.

“Providing options like annual leave, making up the time or working from an alternative location helps avoid complaints.”

Palmers Solicitors can provide guidance to employers on drafting or reviewing adverse weather policies to help keep business operations running smoothly.

For more information, please contact Kristie Willis.

 

Have you had a slip or fall at work? Know your rights after a workplace injury

Have you had a slip or fall at work? Know your rights after a workplace injury

Suffering an injury at work can be distressing and with the winter months come more potential hazards to be aware of.

Ice, snow, heavy rain and reduced daylight can potentially increase injuries in the workplace and it is important to know your rights if this does happen.

Some injuries can cause long-term health effects and you may be eligible to claim compensation.

Our personal injury expert, Gareth Brazier, explains the steps you must take if you are injured at work.

What happens if you injure yourself at work?

If you suffer an accident at work, you should seek medical attention.  It may be important for your claim to be able to produce medical records that have a contemporaneous record of your accident and injury.

Reporting the incident to your employer should be done as soon as possible, as most workplaces have an accident reporting procedure or an accident book.

Documentation of evidence relating to the accident, such as photographs of the scene or your injuries and witness contact details, can support your case if it is taken further.

If your injury requires time away from work, you should keep notes of your symptoms and how the injury affects your daily life.

What are your rights after a workplace accident?

Employees have strong protection under the Health and Safety at Work Act 1974, which requires employers to provide a safe workplace.

If your employer fails to take reasonable steps to protect you, and as a result your injury has been caused, you may be entitled to claim compensation.

For a successful claim, there must be someone legally responsible for the injury and the evidence you provide can help determine who is liable.

If your injury leads to time off work, in most cases you will be entitled to at least Statutory Sick Pay for up to 28 weeks.  Any additional sick pay or a higher contractual pay will be subject to your employment contract.

If your employer unlawfully disciplines or dismisses you after a workplace accident or claim, you may have grounds for an unfair dismissal claim.

What are employers’ responsibilities for an injury at work?

Winter conditions significantly increase hazards in the workplace and employers must take additional precautions to keep their employees safe.

Common risks in winter include:

  • Slippery areas caused by ice or rain
  • Poor lighting due to shorter daylight hours
  • Unsafe driving conditions for employees required to drive for work
  • Working in extreme cold weather without protective equipment

Employees should ensure conditions are safe within the workplace and provide appropriate clothing or equipment to prepare for the colder months.  Failure to take reasonable steps to protect an employee’s safety may be a breach of duty.

How to make a personal injury claim?

Winter injuries and workplace accidents can have long-term health effects and seeking legal support can help assess if you are eligible for compensation.

A personal injury solicitor can review who is legally responsible for the accident and notify the employer or their insurer, to set out the facts and evidence to prove liability for the accident.

If liability is admitted, medical evidence and proof of financial loss will be obtained and gathered together to present to the opponent, seeking a settlement of the claim.

If liability is denied, legal support will assist you to gain further evidence, fully assess the strength of liability arguments, and prepare for litigation.

The legal process can often feel overwhelming, but this should not deter you from seeking compensation that you may be eligible for.

Why can our legal team help you?

Workplace injuries can heal over time, but they can also bring health and financial implications that have long-lasting effects.

A personal injury claim may be intimidating, especially when it involves your employer, but it is important to achieve a fair outcome if your employer has breached their duty of care to keep employers safe.

If you believe your employer failed to protect you, our specialist team can guide you through the claim process and ensure your rights are fully protected.

If you need support after a workplace accident, contact our personal injury team today.

How to bring a claim against the Personal Representative of an estate

How to bring a claim against the Personal Representative of an estate

When a loved one passes away, the administration of their estate must be handled with care and impartiality.

However, disputes can arise when a Personal Representative fails to carry out their responsibilities properly.

Beneficiaries may be entitled to bring a claim to remove the Personal Representative in order to protect their inheritance and the estate from being mishandled.

Our Contentious Probate expert, Erin Duffy, explains further below.

What is a Personal Representative?

A Personal Representative (PR) is the person legally responsible for administering a person’s estate, including executors and administrators, once they have passed away.

The role carries legal obligations and once they begin dealing with the estate, known as intermeddling, they must fulfil those duties diligently.

Under the Administration of Estates Act 1925, PRs must:

  • Collect and safeguard the estate’s assets
  • Administer the estate according to the law and the Will
  • Provide estate accounts and inventories when required by the court
  • Deliver probate documents to the court if ordered

What happens if a Personal Representative fails in their duties?

A PR who acts negligently, breaches the terms of the Will, unreasonably delays administration or uses their position to take personal benefit from the estate will be in breach of their duties and may be removed from their position.

These breaches can include:

  • Failing to follow the Will’s instructions
  • Distributing assets to the wrong people
  • Not remaining neutral between competing beneficiaries
  • Selling assets at an undervalued cost
  • Failing to provide proper accounts or information

If these breaches result in financial loss, beneficiaries may be able to start a claim to hold the PR personally accountable.

The PR may be required to compensate the estate for the loss or account for any profits they have improperly gained.

Managing an estate can be overwhelming, but if you think a PR is not fulfilling their duties or is in breach of trust, you must seek legal advice as early as possible.

How to bring a claim against a Personal Representative?

A claim against a PR requires legal help to review the Will, any available estate accounts and the administration process to identify any breaches.

This includes assessing whether the PR has failed to act with reasonable care and skill and has breached their fiduciary obligations.

Before issuing proceedings, a solicitor will send a formal letter before action outlining the breaches and, if applicable, the loss caused to the estate and its beneficiaries.

This will allow the PR an opportunity to resolve the issue without court involvement.

If the PR does not respond or refuses to cooperate, a claim may need to be issued in Court  citing the alleged breaches and financial loss.

When submitting a claim, it may include compensation for losses and an application to remove or replace the PR.

A PR found in breach of trust cannot use estate funds to defend themselves and beneficiaries must act quickly if they suspect this is happening.

How to remove a Personal Representative?

If a PR has intermeddled, they can only be removed by court order and applications are usually made under Section 50 Administration of Justice Act 1985 or Section 116 Senior Courts Act 1981.

The court will consider whether removal is in the best interest of the estate and if wrongdoing has occurred.

The wishes of the beneficiaries and the likely cost of appointing a replacement will also be considered.

What are your rights when claiming against Personal Representatives?

Losing a loved one can be emotionally challenging and the additional stress of a PR in breach of their duties can be difficult to approach on your own.

Personal Representatives have a strict duty to act in the best interests of beneficiaries and the estate, but this does not always run smoothly.

Claims against PRs are overwhelming and if you suspect an estate is being mismanaged, early legal advice is crucial.

Our expert team can assess the situation and help you protect your inheritance and ensure the estate is administered lawfully.

If you are concerned about a Personal Representative and a potential breach may have occurred, contact our Contentious Probate team today.

Will my ex get half of my business? How to protect your limited company in a divorce

Will my ex get half of my business? How to protect your limited company in a divorce

When your marriage breaks down, it can lead to concerns about how your business and assets will be affected.

A limited company can represent years of hard work and financial investment. Whilst it may feel separate from your marriage, it is often included in the financial negotiations of a divorce.

Our family and divorce law expert, Karen Bishop, explains how businesses are treated in divorce and how to protect yours.

How is a limited company valued during a divorce?

As part of financial disclosure, both spouses must list all assets, including any business interests, in their divorce proceedings.

If both parties cannot agree on the company’s value, the court may appoint an independent or forensic accountant to provide an objective valuation.

Although there is no set approach for valuation, in the Family Court, the income approach is a common way to assess the business’s value and earning potential.

The income approach is used to estimate a business’s future earnings and applies a risk-based approach discount rate to determine its present value and capacity to generate future income.

However, valuing a limited company is rarely straightforward and the accountant must consider the future profits and turnover.

A last resort for some couples is liquidating assets, but this can be difficult and the court may discount the valuation or balance with more secure assets to be awarded to the spouse.

Is your spouse entitled to half of the business?

When dividing marital assets, the court’s priority is fairness and shares do not always need to be equally divided.

Common outcomes include:

  • Retaining the business while your spouse receives a greater share of liquid assets
  • A structured buy-out, potentially over time, if funds cannot be released immediately
  • Selling shares
  • Joint ownership, due to ongoing financial ties

The court will consider factors, including the length of the marriage, financial and non-financial contributions, children’s needs, earnings and both parties’ future requirements.

How to protect your business before a divorce occurs?

Planning is the best way to protect your limited company and this can begin with pre-nuptial or post-nuptial agreements.

These agreements allow couples to agree in advance how business assets should be treated if the relationship ends.

Whilst they are not automatically binding, courts will respect them if they are fair and properly drafted.

Legal commercial contracts, such as shareholder agreements, can also include clauses requiring shareholder approval for share transfers, buy-back rights if a shareholder divorces or pre-emption rights for other shareholders.

Keeping your business and personal finances separate can help set a clear distinction between your company and marital assets.

In some cases, holding shares through a trust or structured ownership can offer additional protection.

With the right legal advice, we can help you protect your assets and manage them later in financial settlements.

How can our expert guidance help?
When businesses’ assets are involved in divorce, early legal guidance can help you clarify valuations and negotiate a fair settlement.

Planning can reduce disruption to your business operation and putting measures in place can mitigate disruptions before they arise.

If you are a business owner facing divorce or wish to protect your company’s future, our expert family and divorce law team can help.

Are you in need of help drafting a fair settlement? Contact our expert team today.

The importance of your business staying compliant with anti-money laundering policies

The importance of your business staying compliant with anti-money laundering policies

Many business owners may presume that money laundering is a problem for banks or large corporations.

However, small and medium-sized businesses across the UK can be targeted by criminals seeking to disguise illegal funds.

Businesses that fail to put proper Anti-Money Laundering (AML) controls in place can be subject to fines and criminal prosecution.

Our criminal defence specialist, Jeremy Sirrell, explains your legal responsibilities and how to protect your business.

What is anti-money laundering?

AML refers to the laws and policies created to prevent criminals from cleaning illicit money through legitimate businesses.

In the UK, AML rules mainly stem from the Money Laundering Regulations, the Proceeds of Crime Act 2002 and the Terrorism Act 2000.

Criminals typically launder money through three stages:

  1. Placement – introducing illegal funds into the financial system
  2. Layering – moving funds through transactions to blur their origins
  3. Integration – reintroducing the money as legitimate assets or income

Businesses can unknowingly become involved in these stages, so keeping strict controls in place is important.

What are AML checks?

If your business is regulated, you must conduct formal AML checks, including Knowing Your Customer (KYC) and verifying their identity and address.

Customer due diligence is important and so is completing deep checks on high-risk clients or suspicious transactions.

Businesses should try and gain an understanding of where the money originates from and screen customers against sanctions or watchlists.

Ongoing monitoring and looking out for unusual activity or transaction patterns can help protect your business.

How to keep your business compliant?

To comply with AML rules, businesses should conduct a formal risk assessment of customers, services, products and delivery channels.

Business owners should create a written AML policy outlining their responsibilities and keeping a detailed record of due diligence and risk assessment completed.

An AML policy should also cover customer checks, the ongoing monitoring obligations and what to do if a money-laundering activity occurs.

Businesses can also prepare internally by appointing a money laundering reporting officer and providing staff training to recognise suspicious transactions.

Regular policy reviews are important, especially if your business model or client base changes, and can show compliance if you are ever audited or investigated.

Failure to comply can result in:

  • Investigation by HMRC or FCA
  • Fines
  • Criminal charges, including imprisonment
  • Forced closure of your business
  • Loss of client trust and damage to your reputation

Even unintentional breaches can lead to penalties, so reaching out for legal guidance early on can help protect your business.

How can we help you prepare?

Whether you handle client money or process large transactions, understanding your legal duties under the Money Laundering Regulations is crucial.

Businesses must remain alert to unusual activity, such as cash purchases or unexpected rises in spending, and report suspicious activity promptly.

Our team can help you to take the first steps to stay compliant by reviewing or creating AML policies and risk assessments.

With the right legal guidance, you can limit your business’s exposure to risk and operate confidently.

For expert advice on AML compliance, contact our expert team today.