I have been accused of dumping controlled waste. What should I do?
Illegally disposing of controlled waste or ‘fly tipping’ is a serious offence punishable with an unlimited fine and/or up to five years’ imprisonment. There are a number of possible defences available. You should take specialist legal advice before speaking to the authorities.
I have been told that I have not complied with fire regulations by the Fire Authority. What should I do?
The Fire Authority may simply be asking you to comply on a voluntary basis. Alternatively, they may have served you with an improvement, enforcement or prohibition notice or they may be investigating with a view to prosecution. Whatever the circumstances you should take all necessary steps to remedy any breach as soon as possible and seek immediate advice from a lawyer who specialises in fire safety cases.
I have been arrested for fraud. What should I do?
You should contact a solicitor who specialises in cases of fraud straightaway. You are entitled to take legal advice before answering any questions. Your personal liberty, the future of your business and your ability to act as a director could well depend upon you seeking the right advice as quickly as possible.
I am the director of a company. Am I liable if an employee dies as a result of an accident of work?
Directors cannot rely upon limited liability to avoid the risk of being prosecuted as an individual if a death occurs in the workplace following breaches of health and safety. Penalties upon conviction can range from an unlimited fine to life imprisonment depending upon the circumstances. Seek legal advice immediately.
Do I need a solicitor to attend with me for a meeting with HSE?
You are entitled to nominate someone to attend the meeting with you and that can include a solicitor but HSE do not have to agree. If you are being interviewed under caution and in accordance with the Police and Criminal Evidence Act you can insist on having a solicitor with you
I have been asked to attend a meeting with the Health and Safety Executive. Should I attend?
You are obliged by law to cooperate with HSE inspectors during an investigation, including providing any information they may reasonably require and attending any necessary meetings.
I have been asked to attend for an interview with HMRC. Do I need a solicitor?
If the interview is to be conducted under caution and in accordance with the Police and Criminal Evidence Act the answer is yes. This type of interview can only take place if you are suspected of criminal conduct and could result in a prosecution.
Can I close one company and start a new company with the same name?
There are certain restrictions on trading under a similar name and, therefore, you should always take legal advice before setting up a new company or trading.
What is the cheapest way to put my business into liquidation?
There are different ways in which to place a company into an insolvency process and the cost will depend on a number of issues
What happens to my staff if my business goes into liquidation or administration?
If a company goes into liquidation, it is likely that the business will be closed and any employees will be made redundant. If a company goes into administration, the administrator may ask some employees to continue to work although, in most circumstances, there will be redundancies. If an employee is owed wages, they may be able to make a claim via the insolvency practitioner appointed or through the Redundancy Payments Office.