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Articles by Joe Tully
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Courts Should Heed Short Seller Motives in Securities Cases
So-called “short sellers” often target public companies with unfounded accusations. They publicly trash a company’s financial results or future prospects—even suggesting the possibility of fraud—with the goal of driving down a company’s stock price. When the price declines, the short seller profits. The stock price decline from a short seller’s attack is, however, only the beginning of a company’s problems.
Coronavirus: directors still need to tread carefully to avoid personal liability
Directors are under increasing pressure to ensure their businesses survive during the challenges of the coronavirus pandemic. On March 28, the UK government announced it is advancing its plans to introduce new insolvency restructuring procedures to help businesses keep trading during the outbreak. This announcement allows responsible directors to focus on genuine attempts to save businesses, but care must still be taken to comply with their duties during these unprecedented times.
Enhanced threat of director disqualification for breaches of competition law
The regime which allows for the disqualification of directors of companies that breach competition law has been around for some time but hadbeen little used, certainly when compared to the regime used in relation to company insolvencies, until recently. This is changing, however, with the increased use of powers by the Competition and Markets Authority in particular.
Directors' duties and climate change: sustainable practices
Climate change Greta Thunberg’s appearance in front of the United Nations in New York. Extinction Rebellion on the streets. Storm devastation across The Bahamas and cancelled Rugby World Cup matches in Japan. Environmental impact often tops the media agenda and, in recent years, we have observed deeper convergence between corporate responsibility and environmental issues.
What are your potential responses to IR35?
With the changes to the off-payroll working rules set to come into force in April 2020, many HR professionals will spend the next few months assessing whether the contractors they work with fall ‘inside’ or ‘outside’ IR35. It’s a confusing area of employment law, but the new rules require private sector businesses to take responsibility for deciding whether a contractor is genuinely self-employed or, in the words of HMRC, a ‘disguised employee'.
IR35 in the private sector: what constitutes ‘reasonable care’?
HR professionals will need to investigate their obligations when it comes to IR35 The government has recently published a consultation paper with its proposals to extend off-payroll working rules to the private sector. Employers will need to take “reasonable care” that they have assessed employees’ tax status, but what does that mean? Joe Tully explains.
Joe Tully: What should HR teams be doing to prepare for IR35 in the private sector?
At the start of the month, the government launched ‘Off-payroll working rules from April 2020’, a policy paper and consultation looking at how the reform of the off-payroll working rules should be implemented within the private sector. Key stakeholders, including hirers, recruiters, and contractors, have been given the opportunity to provide comments by 28 May 2019.
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