Unfair Terms

Many local businesses have terms and conditions of sale or purchase when they sell or buy goods. This is very useful protection. The Government is consulting on when terms are valid and when they might be ‘unfair’.

Christina Smith says “The Office of Fair Trading is consulting on its guidance on what is an unfair term in a consumer contract. This is a very interesting document as the OFT sets out which terms it regards as unfair and which it does not. Revised guidance is due by August. We are often asked to draft contract terms for clients and it is surprising how some companies have no written terms of business at all.

We can draft standard terms of sale or purchase and advise you on how to ensure your terms stick. Some of our clients also have internet websites and need terms and conditions for those too. As the law changes fairly frequently in this field, it is wise to take legal advice. Sometimes a term which appears very helpful saying there is no liability on the part of a supplier is invalid as the law ensures that unreasonable or unfair terms in some contracts are unacceptable. This is why it is sensible to take legal advice to ensure the terms limit and exclude liability as much as possible to protect your position but do not go too far in excluding so much liability the entire clause is void.

Also, anyone who employs salesmen to sell their goods or services needs to prepare for new laws due in December which will prohibit 31 listed trading practices used to put pressure on customers and make other ‘unfair trading’ practices subject to challenge.

Contact Christina on 023 9221 0170 for further information.

New Equality Legislation

On 30th April, new equality legislation came into force which protects against discrimination on the grounds of sexual orientation, religion or belief when accessing goods, services and facilities. Legislation banning such discrimination in the employment context has been in force for some time. The new rules have been in the press because some religious groups have wanted exemptions, such as to allow Catholic or Muslim adoption agencies to refuse to place children with gay couples.

Andrew Bryan says : “The rules could have a wide impact. It is now illegal, for example, for a shop or restaurant to refuse to serve someone on the grounds of their religion or because they are homosexual. Similarly, it would be illegal for a school to discriminate against a child because of their parents' sexuality. The guidance which accompanies the regulations make it clear that businesses need to provide services in a non-discriminatory way. The new regulations are very similar to existing anti-discrimination measures that provide protection from race and sex discrimination in service provision.

The regulations mean that business must not -

• Refuse to supply your normal service to someone, or treat them less well than others, on ground of their actual or presumed sexual orientation, or that of someone with whom they are associated or on ground of their religion or belief (or their lack of religion or belief)


• Apply provisions, criteria or practices which put, or would put, people of a particular sexual orientation or people of a particular religion or belief at a disadvantage compared to others


• Treat civil partners on an unequal basis to those who are married, or treat same sex unmarried couples on an unequal basis to mixed-sex unmarried couples, in either case on grounds of their sexual orientation


• Treat someone less well because they have been involved in making, or supporting, a complaint about discrimination of this kind; unless they were acting maliciously in knowingly making a false complaint
• Advertise in a way which indicates an intention to discriminate unlawfully or get someone else to do any of these things

For further information contact Andrew on 023 9221 0170

Monitoring Employee Emails

If you run a business you may be concerned about the extent to which you can legally monitor employees. Perhaps you want to check their emails or listen to telephone calls. In a recent case before the European Court of Human Rights, the court held that the UK Government must pay £3,000 damages and legal costs to Lynette Copland whose emails, phone calls and web use had been monitored, by her employers at CarmarthenshireCollege, without her knowing.

Andrew Bryan says “This was the material fact – that she had not been told that her emails might be read. Most employers do tell employees and/or have a web use policy which tells them so, and so would be unaffected by this decision. Here it was held that her rights had been breached under the European Convention on Human Rights Article 8 - that "everyone has the right to respect for his private and family life, his home and his correspondence". The college had no policy in place at the time informing employees that their communications might be monitored.

The law in the UK is contained in the Regulation of Investigatory Powers Act 2000 which allows interception if employees are told, for most purposes, and the Data Protection Act 1998 under which there is a code of practice for employers. This covers surveillance of employees too. These apply in addition to a general right of privacy under the Convention mentioned above. Most employers would be wise to take some legal advice to ensure their current email policies and staff handbook are fully up to date and best protect them against this kind of claim.

Call Andrew on 023 9221 0170 for further information.

Hill Head Sailing Club

Hill Head Sailing Club was founded in 1930 and is situated at Titchfield Haven on the River Meon.

The object of the club is to foster and promote the sport of small boat sailing and good seamanship. It is a recognised RYA Training Centre – accredited as a ‘Champion Club’.

The club is run entirely by members who volunteer their time. It owns a fleet of boats that are available to the membership and, each year, RYA dinghy and powerboat courses are held. Additionally, approximately eighty children are introduced to sailing each year.

Double Olympic Gold medallist Shirley Robertson is a former member. John Pink, the former 29’r World Champion is a current member and training for the Olympic squad.

Churchers recently purchased an ‘Oppie’ sailing dinghy for the club to use for training and we also regularly support club events.

Portsmouth Music Festival

The Portsmouth Music Festival was founded in 1917 in an attempt to improve the quality of life for Portsmouth citizens.

Since the Second World War it has continued to go from strength to strength.

Currently, the festival hosts over 4,000 performances from people in the community who enjoy making music, dancing and/or acting. Almost all are amateurs who wish to give pleasure by their performance and to learn from the adjudicators and others. It is the largest annual community event staged in Portsmouth. There is no pressure to pass exams, but the preparation teaches discipline, teamwork and communications skills – all of which have a positive effect on the lives of the participants.

Business Leases

Does your business have a lease of property? Many of our local clients and businesses take leases of commercial premises. A new Code for Leasing Business Premises has now been agreed.

Nick Eve says: “We are sometimes surprised people do not take legal advice on commercial leases when if they were moving house they would tend to use a lawyer. Yet business leases can be just as complicated and are a big commitment for any practice. The new Code has resulted from collaboration between commercial property professionals and industry bodies representing both owners and occupiers. The Code is divided into three parts:

• 10 point requirements for landlords in order for their lease to be Code-compliant


• A guide for occupiers, explaining terms and providing helpful tips


• A model Heads of Terms (which can be completed on line and downloaded)

No one is obliged to follow the code and not all landlords will want to offer code compliant leases however the Government is keen to encourage people to follow the code. Another change our clients need to consider is the new deposit scheme of private tenants’ deposits to be held by landlords which came into force on 1st April 2007. Anyone with a property issue should contact us for further information and advice."

Call Nick on 01329 822333.