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With the world cup due to kick off on 11th June in South Africa, world cup fever is truly upon us all. However for employers the world cup can present a number of challenges in the workplace, not least the possibility of increased absenteeism, loss of focus and concentration and heightened emotion, which could lead to clashes. There will also be employees that are not interested in the football who could still be affected by the actions of others.

In an environment of rising taxes, knowing what you can do to protect your assets for your family’s future is essential. One way of doing this is to set up a trust, but what is a trust?

A trust arises where assets are transferred by one party (“the settlor”) to other individuals (“the trustees”) to hold for the benefit of others (“the beneficiaries”). The trustees owe a duty of care to the beneficiaries when managing the trust assets.

A recent, bitterly contested ‘big money’ divorce case shows how reluctant the courts are to upset financial settlements on the basis of contingencies and reinforces the point that bad behaviour is not a basis for changing the division of the assets.

It involved, as do so many high profile cases, a man who was successful in the City and his wife. The couple had lived together for five years before they married in 2003, but the marriage broke down in 2005. The couple had one child.

This month Dippalli Naik from Sydney Mitchell looks at the recent changes to Employment Law Legislation and how it could affect your business.

Changes are set for 1st October when employers are no longer able to pay tips and service charges through the payroll in order to meet the minimum wage. This change will be set to benefit those working in the restaurant trade where tipping is commonplace. But will inevitably put pressure on the employers who have historically been paying the tips through the payroll in order to make up the pay to meet minimum pay requirements.

The recent case in which the Court of Appeal ruled that a German heiress was able to rely on a pre-nuptial agreement made with her husband was widely reported as meaning that the traditional view of the courts, that ‘pre-nups’ are little more than persuasive, was shattered.

However, the circumstances of that case were somewhat unusual and the comments of LJ Thorpe, the judge who issued the leading opinion, make interesting reading.

When did your company last have a health check?

Reviewing your core business documents is one of those tasks that is so easy to put off. It is never the right time, and there is always something more urgent to deal with.

But ignore it at your peril and you are only storing up problems for the future.

In order to establish what it is hoped will be a more flexible system for dealing with workplace disputes, as of 6 April 2009 the Employment Act 2008 repeals the Statutory Dispute Resolution Procedures in their entirety. In their place will be a revised voluntary Advisory Conciliation and Arbitration Service (ACAS) Code of Practice, which sets out the basic principles for ensuring fairness and transparency when handling disciplinary problems and grievances in the workplace. The new arrangements will apply to any case where the trigger event takes place on or after 6 April 2009.

The Health and Safety (Offences) Act 2008, which alters the penalty framework set out in Section 33 of the Health and Safety at Work etc. Act 1974, has received Royal Assent. The Act introduces harsher penalties for businesses that commit certain health and safety offences.

The Act increases the maximum penalty that can be imposed in the lower courts for breaching health and safety regulations from £5,000 to £20,000 and the range of offences for which an individual can be imprisoned has also been broadened.

Although many businesses are contemplating downsizing, owing to the worsening economic situation, if you are recruiting staff, it is important to remember that the Employment Equality (Age) Regulations 2006 make it unlawful to discriminate on grounds of age, including when advertising to fill a vacancy.

The next round of changes resulting from the Companies Act 2006 come into effect on 1 October 2008. The most important of these are as follows:

Trusts still have a role in saving tax and preserving family wealth

Since the changes in inheritance tax brought about but the Finance Act 2006, trusts have been the subject of many debates. Many claimed that the changes would spell the end of trusts but our view is that trusts still have much to offer, particularly in relation to succession planning and the saving of inheritance tax ("IHT").

Difficult Times

We have all been reading about the credit crunch and the effect this is having on commercial activity throughout the Midlands and the country. Despite mixed messages emanating from various public and media sources, it is fair to say that the outlook is looking fairly bleak at present and this difficult trading environment is likely to continue for at least another 6 to 12 months...if not longer.

If you are a Director of a company and facing the possibility of insolvency, then steps need to be taken to ensure that your duties are undertaken correctly.

As a Director you may think you have the protection or "shield" of the Limited Liability status, however this is not the case. As a Director of a company you have many duties, which if breached could lead to personal liability both in civil and criminal proceedings.

A Director has a duty to act in the best interests of the company at all times, this is known as a fiduciary duty.

Sydney Mitchell successfully walked away with the award of Law Firm of the Year (under 15 partners) at the Birmingham Law Society Awards on Thursday 20th March 2008.

The Awards were held at the ICC, Birmingham where Sydney Mitchell was up against other short-listed local firms in the battle to win this prestigious award.

According to the National Statistics around 2.5 million unmarried couples in the UK are cohabiting. Many people believe that so long as you live together for a certain amount of time, 6 or 12 months are often referred to, then you become a "common law" husband or wife with all the rights a married couple would enjoy. Couples in long-standing relationships run their lives as if they were married; purchase a home, have children, one parent may give up work and make economic sacrifices. To all intents and purposes, the couple are married.

Many businesses should be aware of the two key months in the year when new employment legislation is introduced - April and October. April is upon us now and there are a number of important Regulations and Orders being released that could have an effect on your business:

The Corporate Manslaughter and Corporate Homicide Act 2007

The act introduces a new offence of corporate manslaughter and applies to companies but not individuals, e.g. directors. It replaces the common law offence of manslaughter by gross negligence for companies.

When selling your house you need to be sure that you can attract the right buyer and secure the sale at the best price possible. To achieve this it is key to present your property in the right way. Louise Cooper, Estate Agency Manager at Sydney Mitchell Solicitors and Estate Agents talks through the do's and don'ts when selling your house.

It is perhaps not surprising that the largest number of petitions for divorce are presented to the courts at the beginning of the year and in the month of September. For many couples the strain of close contact for an extended period over Christmas or a family holiday is the final straw when a relationship is already in crisis. For others they have wanted to see Christmas through or have a final family holiday for the sake of the children.

With more shoppers paying for Christmas on credit, people may enter the New Year to find that they are being pushed further into debt and as a result may struggle to pay their everyday expenses. With this and the credit squeeze taking hold, more people may find it increasingly harder to get credit.

This month we discuss Lasting Power of Attorney's.

Whilst most people are aware that whatever their wealth they should make a will, far fewer consider what would happen if they could no longer manage their own affairs.

An overhaul of the system for those who lack the mental capacity to make their own decisions has been long overdue. From 1st October 2007 the Lasting Power of Attorney (LPA) took over from the Enduring Power of Attorney (EPA).

This month we discuss Pre Nuptial Agreements.

Pre nuptial agreements are not legally binding in the UK. However, judges have been more prepared to consider that a fair and reasonable pre nuptial agreement, signed in the right circumstances, should potentially carry considerable weight and possibly be upheld should the parties divorce at a later date and wish to rely upon such an agreement.

This month we discuss the issue of debt recovery in your business.

Sydney Mitchell knows that the main priority in any company is to develop and manage the business without distractions and that includes trade debt recovery.

With old debts often turning into bad debts companies could find themselves with cash flow problems which could potentially lead to insolvency. Sydney Mitchell recognises these issues and can offer a solution to your debt recovery.

This month we unravel the mystery of Home Information Packs.

As from the 1st August, if you are selling your home and it has four or more bedrooms, you will only be able to place it on the market when a HIP has been prepared.

What is a HIP?

The HIP contains useful information for potential buyers. The pack will contain key legal documents and an Energy Performance Certificate, which assesses the energy efficiency of your home.

Have you considered who would deal with your financial affairs if you become physically or mentally unable to do so yourself, whether through old age, accident or illness?

This month we look at the changes to the law occurring in October which means that from that time no further Enduring Powers of Attorney can be created. However, any in existence at that time will remain valid.

Many couples are recognising the benefits of splitting their homes in two and becoming Tenants in Common rather than Joint Owners. But what does it mean? This month we look at the difference between Joint Tenants and Tenants in Common.

What is it?

It is one of the only few remaining vehicles to get around the taxman and reduce your inheritance tax bill. It could also prevent you having to sell your home if you need to go into long-term care. All you need to do is change the ownership of your home from joint names to being tenants in common.