Welcome to Woolley & Co

Woolley & Co E-Zine

Keeping You Up To Date With Changes That Affect Your Business

Welcome. This month a few reminders that all businesses should be aware of – and at least one way to beat the big companies at their own game – using the Data Protection Act, of all things!

If you’d like more details on any of the issues raised please contact me at aw@e-lawfirm.co.uk. We welcome your feedback – if there is any particular legal issue you’d like to see covered send the details through to marketing@e-lawfirm.co.uk.

Andrew Woolley

Andrew Woolley, Principal, Woolley & Co

One In Four Firms Use Illegal Software

According to the Business Software Alliance (BSA), a group set up to combat software theft, a quarter of UK companies use illegal software and British companies are by no means the worst. More than 50% of Spanish firms and almost all of Eastern European businesses are using dodgy computer programmes.

Small firms are especially guilty with 50% of the computer programmes used being pirated or otherwise unlicensed. And many businesses are unaware they are breaking the law.

Usually, a company should own a licence covering each computer the software is loaded on to and businesses failing to keep up with their software affairs face a penalty.

If you want to check out your legal position, perhaps you have acquired a business and are unsure of their previous IT arrangements, or clarify where sharing ends and pirating begins, contact Andrew Woolley on 01789 267377 or aw@e-lawfirm.co.uk.

Use Of Contractors - A Joint Responsibility

The Health & Safety Executive (HSE) has published a guidance leaflet aimed at clarifying the health and safety responsibilities of both parties in situations where companies bring in contractors. Where contractors are used it’s not always clear who is responsible for health and safety. 'Use of contractors - a joint responsibility' explains that in any client/contractor relationships in either the public or private sector, both parties will have responsibilities under health and safety law. The leaflet sets out general guidance on what both parties need to do to comply with their health and safety responsibilities. 'Use of contracts - a joint responsibility' (INDG368) is available via the HSE website - www.hse.gov.uk/pubns/indg368.pdf.

With Corporate Manslaughter regulations going through the Commons as we speak it might be a good time to check that your Health and Safety policy, as it relates to your own staff and contractors, is fully up to date. Contact John King on 01332 694350 or jk@e-lawfirm.co.uk if you need advice.

Woolley Site Up for Award

The Woolley & Co website (www.e-lawfirm.co.uk) has been short listed in the e-Legal Office Technology Innovation Awards, known as the e-loties. Click through here to give us your vote - every little helps. And you never know - if we win we may be asking you to join us at the lavish award celebration in London later in the year!

The Case Of The Big Gas Bill (or how to take on the power companies)

If your business has changed to a new electricity or gas supplier some time ago, and you have either not had a bill, have had an incorrect bill or have received a HUGE bill after waiting for months or years, the reason the power company will normally give is that they have had problems with their customer database.

This admission, however, operates in favour of you the consumer! Such companies are in breach of the Data Protection Act 1998 if they attempt to enforce a contract with the customer without holding “full, accurate and up to date information” on that customer. Accordingly, if they tried to sue you to recover any outstanding bill, they would probably lose. They know this, and you can use this fact as a big bargaining ‘stick’.

In addition, a customer can be compensated for any financial loss and for distress. So, if a power company is claiming that a late bill, or a disputed bill, arises from out of date or inaccurate information and it cannot show that it took immediate and diligent steps to sort out the problem of, say, a miscalculated bill then it will have to compensate you, the customer.

So, if your business receives a power bill that you are not happy about, speak to the company and find out what the problem is, and then contact John King for advice as to whether you might have a case against them. You can reach John on 01332 694350 or jk@e-lawfirm.co.uk.

To find out more about these and other legal issues visit the Woolley & Co website at www.e-lawfirm.co.uk.

The Woolley & Co E-Zine is sent monthly to subscribers. Feel free to pass on to friends and colleagues. To subscribe, click here.

This E-Zine is mailed to subscribers monthly. If it has been sent to you in error we apologise, if you wish to unsubscribe to the Woolley & Co E-Zine click here.