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Posts for April 2012
Small firms raise 'concern' as Harris relocates
April 25, 2012
Breaking news: Georgina Harris, erstwhile editor of the Law Donut, is hanging up her pencil and heading for fresh pastures (well, Clapham).
In a shock move that has rocked London’s 3 million independent shops, retail ambassador Georgina Harris has departed Putney and returned to Clapham, triggering widespread economic implications, explains dead rapper Tupac.
In the survey of 500 small businesses in South London, 47% admitted they were worried about the amount of sales lost from luxury and excise goods, fearing it would lower profits. A further 15% said they were “very concerned”.
Sales of catfood, Nicole Farhi and cigarettes have plummeted in the capital. Estimates of cash lost range from 10 pence to £12,500,000 a week. (fact-check this - ed). HM Treasury sources deny rumour that Chancellor George Osborne is ‘personally’ concerned at the potential loss in local revenue from sales of pasties, cigarettes and alcohol.
“HMRC are looking at a massive drop in their tax takings from Greggs, not to mention the excise tax and import duty VAT on fags and tinnies,” explained department spokesperson Flava Flav.
“Don’t forget the VAT on the import duty worked out at a compound rate using HMRC-set variable interest rates that change at the full moon four days before the end of the previous month.
“We’ve got a web page that explains it, innit.
“Mind you, God knows how badly the economy will tank if hostelry inspector Tom Whitney goes.”
In a statement, Harris explained:
“HMRC is, not are.
“I’ve loved it at BHP. But a sofa’s a sofa and the cat needs a hot lunch.
“You have all been brilliantissimo to work with and I can’t bear to say goodbye to a lot of you. I have got to write a book now and I will miss you. Come to the pub next week.
“Tom* is paying,” she concluded, movingly.
Disclaimer: * ‘Tom’ was unavailable for comment so we are unable to substantiate this claim.
Not just for factories - your overview of key environmental rules that could affect daily business
April 23, 2012
Any business’s daily operations can have an adverse effect on the health of not just the environment, but also on your workers and neighbours.
Most rules placed on businesses are designed to prevent noise, air, water, and land pollution. Whether you operate a small business or large-scale industrial business, some environmental rules almost certainly apply to your business - here are the central environmental regulations that you may well need to check out.
Air pollution prevention
Air pollution can come from a variety of sources in your business, and some activities - installation of furnaces, chimney smoke, and sulphur content of fuels - are regulated to limit air pollution caused by businesses. Burning waste oil or producing fuel is also regulated above and beyond standard air pollution controls.
You may need to make modifications to your equipment or apply for a permit. For example, you will need environmental permits if your business has appliances that when combined have a thermal input of 50 megawatts or more.
If your business is located in a smoke control area, such as most cities, you will need to meet stricter air pollution prevention guidelines. To find out if you are located in a smoke control area, contact your local authority.
Waste disposal
Waste disposal regulations apply to all waste your business produces, as regulated by The Waste (England and Wales) Regulations 2011. This mandates how waste is stored, transported, and disposed of. When storing waste, it must be kept in labelled, secure containers so that it does not blow away, get rained on, or leak out. Containers should be stored on impermeable surfaces to prevent contents from contaminating the ground or groundwater or flowing into drains.
Thanks to a recent legal change, only registered waste carriers may transport your waste, unless you transport it yourself following the rules, and most waste management facilities need an environmental permit. It is your responsibility to keep documented proof that your waste transporter and disposal collection facility have the appropriate registrations and permits. When setting up waste transport and disposal, ask to see the registration and permits and make copies for your own records.
Waste Electrical and Electronic Equipment Regulations
Few businesses are exempt from the Waste Electrical and Electronic Equipment Regulations 2006 (WEEE). The regulations apply to any business that manufactures, imports, exports, sells, or uses electronic equipment, such as computers, mobiles, or household and industrial appliances.
WEEE rules act to stop mercury, lead, and cadmium found in electronic equipment from being disposed of in landfills where they leach into the ground and poison the earth and water. The rules also aim to increase recycling.
How WEEE affects a business greatly depends on whether your company produces or uses the electronics and when those electronics were purchased. In most cases, electronic equipment sold after 13 August 2005 becomes the producer’s responsibility for proper disposal and recycling.
Noise and nuisances
While being a statutory nuisance, isn’t strictly defined, Business Link explains that “A nuisance can be any action or failure to act, which interferes with people's use and enjoyment of land or property, or that could have a negative effect on health.”
Excessive noise, vibrations, smoke, odours, stagnant water, insect infestations, litter, an unkempt property, and bright lights are just some of statutory nuisances that are regulated by the Noise and Statutory Nuisance Act of 1993. Local environmental health officers and individual neighbours can bring statutory nuisance complaints via abatement notices and through the courts.
Liquid waste
Any liquid other than water – such as cooking oils or detergents - that end up in the sewage system, on the ground, in local waterways, or otherwise discharged from your business is a trade effluent, regulated by The Trade Effluents (Prescribed Processes and Substances) Regulations 1989.
Trade effluents can also include solids in liquids and chemicals. You will need a consent or agreement with your water and sewerage company to get rid of them, and you may also need an agreement with the Environment Agency.
Of course, some liquids cannot be disposed of through the sewage system without first being treated onsite, or must be disposed of as a hazardous waste material. The Environment Agency and water and sewerage company can help businesses determine how they can dispose of waste liquids.
Packaging waste
Including boxes, crates, bags, and binding materials, whether you use packaging in the products you sell or take delivery of a lot of packaged items, you need to work to reduce and recycle that packing material.
Packaging is anything that’s designed to contain or carry an item, and the rules require a certain percentage be recyclable and other properties of the material to limit its disposal in landfills. To comply with packaging regulations, keep documentation and information about the packaging design and how you recycle or otherwise dispose of your packaging.
Hazardous substances
Hazardous substances include such daily materials such as solvents, pesticides, oil, and electrical components. If you use these at work, you will be required to comply with regulations mandated by the Planning (Hazardous Substances) Act 1990 on all aspects of their use, storage, transport, and disposal to protect the environment and the people that come in contact with the substances.
What substances your business uses and how you use them will determine which specific rules affect you. You may need to comply with the Registration, Evaluation and Authorisation of Chemicals (REACH) Regulations, Restriction of the Use of Certain Hazardous Substances in Electrical and Electronic Equipment (RoHS) Regulations, and the Chemicals Regulation Directorate (CRD).
For many of these regulated business activities, a permit through the Environment Agency is required. Noncompliance for any environmental regulations can result in costly fines.
Kathryn Skinner is a waste management and environmental expert for General Waste Collection.
Name and shame: 'online marketing expert' is outed on Twitter for plagiarism
April 18, 2012
It’s not difficult to find where one’s own content is posted on the internet. As well as using special software, you can simply search for a complete title or a sentence and Google will often locate it for you.
So back in 2010 it was not hard for us to find that Nigel Copley was ripping off more than 60 items from our Marketing Donut content, posting it on his blog as if it was his own. What a simple way to garner praise for his up-to-the-minute insights and thorough understanding of all things internet marketing. Just for good measure, he sold advertising next to our content.
I seem to remember that it was not easy to track him down, as he worked for someone else back then... but we eventually managed to find him. It’s all there in our CRM history, a short trail of phone calls (usually unreturned) and then emails. We got him to acknowledge what he had done. Then we politely asked him to do three things: remove the content, put a link to Marketing Donut from his website, and post 20 Donut-content-related tweets from his (then) @MarketingGuy account. A fair compensation for all that plagiarism, we felt.
But Nigel disagreed. I remember our phone call well. It was the voice rather than his actual words “What are you going to do about it?” that rankled. We both knew that I had no easy way to make him take the content down. So he simply ignored us after that. And we ignored him. Back then the internet allowed him to be an almost invisible person - shame his use of our content wasn't.
Fast forward to March 2012, and then again to today, when our checks were showing that the plagiarised material was still on Nigel’s blog. But lots had changed. Nigel was not invisible at all, quite the opposite. He was active on Twitter as @Marketing_Guy and had his own company, Caroco Marketing, in Solihull.
Every day is busy in my life as a publisher, but the time had come to do something about Nigel Copley. The tweets below tell their own story.
The lesson is obvious. In business, reputation is everything. We all understand that life as a small business is tough, and some people are going to need to cut some corners, but in my opinion Nigel had gone way beyond that. Quite simply, he thought he could get away with passing off another person’s content as his own. But in 2012, when we are all connected and we all have a voice, you can’t behave like that and expect to get away with it anymore.
Am I taking some kind of legal risk here myself? I don’t think so. I organised formal witnesses to the plagiarism back in 2010 and loads of others witnessed it today, as you’ll see below. I have used legally dangerous words like plagiarism and ripoff, but they happen to be factually correct. Any other risk for me? I don’t think I’m contravening Nigel’s human rights, but we’ll have to see…
Thanks to all the people who helped us to make Nigel Copley remove the plagiarised (there I go again) content. There were too many tweets to include them all, but most of you will find yourself in the timeline below.
And thank you, Nigel, for finally removing the content from your blog.
Rory
Here are all the tweets in a timeline. N.B. As you'll see, Nigel took down the plagiarised content this afternoon, so all the "Compare this..." links will now take you to a Nigel Copley website without all the content from Marketing Donut (which had been republished word for word, images and all). Nigel's four tweets are in blue.
29 March
RoryMccGwire: @Marketing_Guy please remove the (unlicensed) Marketing Donut content "posted by Marketing Guy" on your blog http://bit.ly/H0rXuV#ripoff
Timsargent: @RoryMccGwire Hate that, when someone rips your content off. Had it done both in text AND video. #ripoff
RoryMccGwire: @timsargent Yes we spoke to him and asked him to remove it long ago but he clearly felt that there was nothing we could do about it
RoryMccGwire: @Marketing_Guy @CarocoMarketing plse remove the (unlicensed) Marketing Donut content "posted by Marketing Guy"http://bit.ly/H0rXuV #ripoff
17 April
RoryMccGwire: @Marketing_Guy @CarocoMarketing plse remove the (unlicensed) Marketing Donut content "posted by Marketing Guy"http://bit.ly/H0rXuV #ripoff
MarketingDonut: RT @RoryMccGwire: @Marketing_Guy @CarocoMarketing plse remove the (unlicensed) Marketing Donut content "posted by Marketing Guy" http://t.co/RIG4pikm #ripoff
ClaireKerr: RT @RoryMccGwire: @Marketing_Guy @CarocoMarketing plse remove the (unlicensed) Marketing Donut content http://t.co/ErkKocXl #ripoff
RoryMccGwire: @sarahcheal please ask (your friend?) @Marketing_Guy to respond to us about #ripoff. Ironically he just posted a blog re online reputations
Sarahcheal: hi @RoryMccGwire not sure what you mean? @sarahcheal please ask (your friend?) @Marketing_Guy to respond to us about #ripoff.
18 April
RoryMccGwire: @sarahcheal it is purely that we noticed you congratulating @Marketing_Guy ...who is somewhat reticent about talking to us about our content
Marketing_Guy: @RoryMccGwire not reticent, we've had this discussion
RoryMccGwire: @Marketing_Guy Yes we had the discussion and you decided not to remove the riped off content as there was nothing we could do about it...
RoryMccGwire: @Marketing_Guy and you can carry on pretending that you wrote that stuff but we will carry on telling people about it
Marketing_Guy: @RoryMccGwire if you'd like to discuss via proper channels then feel free, I'm sure you're resourceful enough to find my contact details
StartUpDonut: Uh oh. The Twitter chat 's begun between @RoryMccGwire and the person who ripped off our content & posted it as his own marketing insights
MarketingDonut: Uh oh. The Twitter chat 's begun between @RoryMccGwire and the person who ripped off our content & posted it as his own marketing insights
MarketingDonut: RT @Marketing_Guy and you can carry on pretending that you wrote that stuff but we will carry on telling people about it
StartUpDonut: RT @Marketing_Guy and you can carry on pretending that you wrote that stuff but we will carry on telling people about it
Platinumshore: @StartUpDonut @RoryMccGwire http://t.co/c52vblzG is useful for 'content nicking' (link backs would be nice of course).
TheEnergyBadger: Saw an interesting convo on Twitter this morning. @RoryMccGwire picked up that @Marketing_Guy is copying @MarketingDonut. #PlagiarisingGuy
JamieWetLeisure: RT @rorymccgwire: @Marketing_Guy and you can carry on pretending that you wrote that stuff but we will carry on telling people about it
TheEnergyBadger: @RoryMccGwire Saw his post 'what is your online reputation like?' - "Oh, it's great! Er, until people realised it wasn't my own work." #Oops
RoryMccGwire: @TheEnergyBadger all VERY ironic. He plagiarised our content on online marketing and reaped praise for it. Dumb or what?
Millyandpip: RT @Marketing_Guy and you can carry on pretending that you wrote that stuff but we will carry on telling people about it
SoophiaLS: @MarketingDonut @RoryMccGwire Oh tut tut - there are limits!
RoryMccGwire: This is what plagiarism looks like. Compare this http://t.co/MBoUviWe to this http://t.co/vbceeUUJ Ditto his other content. #ripoff
StartUpDonut: RT @RoryMccGwire This is what plagiarism looks like. Compare this http://t.co/MBoUviWe to this http://t.co/vbceeUUJ Ditto his other content. #ripoff
RPerceptions: RT @RoryMccGwire This is what plagiarism looks like. Compare this http://t.co/MBoUviWe to this http://t.co/vbceeUUJ Ditto his other content. #ripoff
Tutor2u: RT @RoryMccGwire This is what plagiarism looks like. Compare this http://t.co/MBoUviWe to this http://t.co/vbceeUUJ Ditto his other content. #ripoff
KiranFarmah: @RoryMccGwire He clearly has nothing original to write about.
Helpdesk_info: @RoryMccGwire What is the difference? Just kidding...blatant #ripoff CC @StartUpDonut
Safe_Collects: @RoryMccGwire That's just shocking! #ripoff
Cheapaccounting: RT @rorymccgwire: This is what plagiarism looks like. Compare this http://t.co/HgT8HltX to this http://t.co/kiMkcCVU #ripoff // disgusting!
Akronsound: @RoryMccGwire really sad indeed. He didn't even bother to change the picture lol
Cheapaccounting: RT @rorymccgwire: Compare this http://t.co/HgT8HltX to this http://t.co/kiMkcCVU . #ripoff // this is appalling & unprofessional behaviour
Akronsound: Another example of "experts" RT @RoryMccGwire: This is what plagiarism looks like. Compare http://t.co/sSCxxIT7 with http://t.co/GoxdBvbc
Allbeanscounted: RT @cheapaccounting: RT @rorymccgwire: This is what plagiarism looks like. Compare http://t.co/nSiFpDva and http://t.co/g3S5pM6f #ripoff
Allbeanscounted: @cheapaccounting @rorymccgwire That's awful. How bloomin' rude!
Kenfrost: @cheapaccounting @rorymccgwire copley's name rings a bell, why?
smmguide: RT @cheapaccounting: RT @RoryMccGwire: This is what plagiarism looks like. Compare this http://t.co/HgT8HltX to this...
RalliSolicitors: The Ralli Daily is out! http://t.co/qR5murGD ▸ Top stories today via @apil @rorymccgwire
J_Tawton: @RoryMccGwire @Marketing_Guy Why not publish the discussion Rory? It'd be pertinent reading for Donut readers.
Cheapaccounting: Plagiarism - Compare this http://t.co/HgT8HltX to this http://t.co/kiMkcCVU Do you think this is acceptable YES / NO cc @RoryMccGwire
Cheapaccounting: @allbeanscounted @RoryMccGwire rude and illegal but so expensive to enforce. I've had that many copiers!
Cheapaccounting: @ken_frost @RoryMccGwire you tell us? Dig into that old memory bank
Marketing_Guy: @RoryMccGwire not pretending, simply pulled your feed into a personal blog because it made good reading.
Ken_frost: @cheapaccounting @RoryMccGwire definitely familiar with the name..don't know why tho..hmmm..
Allbeanscounted: @cheapaccounting @RoryMccGwire Yep. I hope someone gives him beef in his emailplace though!
Cheapaccounting: @allbeanscounted @RoryMccGwire I so wish I knew what that meant :-) Oh to be young again xxx
Cheapaccounting: @ken_frost @RoryMccGwire that so does not help Ken!
James_E_P: @cheapaccounting @rorymccgwire That is not even subtle or discreet.....
Ken_frost: @cheapaccounting @RoryMccGwire Sorry....I have looked through my email contacts etc I can't find him. I will shout if I remember
Xloubellxx: @RoryMccGwire which came first? one dated, one not.
Gilliemillie: @RoryMccGwire Same picture too .... sooo lazy and sooo bad!
Xloubellxx: @Marketing_Guy @RoryMccGwire this is only lifting content without consent or acknowledging origin. why wd you not want yr content spread?
Sarahcheal: @RoryMccGwire I was just congratulating him on their new offices up here.
Hudsonaccountants: RT @cheapaccounting: Compare this http://t.co/JME04tJF to this http://t.co/ABIvYvVt @RoryMccGwire
Cheapaccounting: @james_e_p @RoryMccGwire agreed
Timstannage: @RoryMccGwire what a great way to destroy your personal brand by not having original thought or ideas why would you use such a business??
Marketing_Guy: @RoryMccGwire @MarketingDonut - I've taken the blog down, happy?
Spinlessplates: @gilliemillie @rorymccgwire Blimey he took it down quick enough. Didn't even get a chance to see!
Cheapaccounting: RT @marketing_guy: @RoryMccGwire @MarketingDonut - I've taken the blog down, happy? // well done plagiarism does not pay
THEN LOTS OF RTs of:
@RoryMccGwire: This is what plagiarism looks like. Compare this http://t.co/HgT8HltX to this...
StartUpDonut: RT @Marketing_Guy: @RoryMccGwire @MarketingDonut - I've taken the blog down, happy? >>The Power of Social Media! Thanks everybody!
MarketingDonut: RT @Marketing_Guy: @RoryMccGwire @MarketingDonut - I've taken the blog down, happy? >>The Power of Social Media! Thanks everybody!
LawDonut: RT @Marketing_Guy: @RoryMccGwire @MarketingDonut - I've taken the blog down, happy? >>The Power of Social Media! Thanks everybody!
Akronsound: @Marketing_Guy @RoryMccGwire @MarketingDonut It's not about being happy about it. It is his content and should have never been placed there
Jn_Norris: @RoryMccGwire We have similar problems with people lifting content from @freelanceadvice. Disgraceful behaviour.
Jn_Norris: @RoryMccGwire Wonder if @Marketing_Guy includes "publish unattributed content from other sites" in his marketing consultancy work?
RoryMccGwire: RT @RalliSolicitors: The Ralli Daily is out! http://t.co/u3ZgemLM ▸ Top stories @rorymccgwire >>Thanks Ralli! Plagiarism shown side by side
MarketingDonut: RT @RalliSolicitors: The Ralli Daily is out! http://t.co/5C2aDPNV ▸ Top stories @rorymccgwire >>Thanks Ralli! Plagiarism shown side by side
Expert tips on new HR laws for 2012-13
April 10, 2012
New law, new stress? Experts from Andrew Jackson Solicitors explain how to cope with this April’s new business law changes
Employment law
From 6 April, new employees who start work with you will need to put in two years’ work before they can claim for unfair dismissal. Rules for your existing staff don’t change – they can still claim after a year.
Jonathan Dale, head of the employment law team at Andrew Jackson, explains:
“Employers should review and record which employees the new law applies to, and to whom it doesn’t apply.
“In making that assessment, employers need to remember that if they dismiss an employee without giving proper notice then the employee can bring their statutory notice entitlement into account when calculating whether they have the qualifying service to claim unfair dismissal.
“It should also be borne in mind that the extension of the qualifying period does not mean that an employer can dispense with short-serving employees with impunity. The legal protection offered to employees under UK discrimination laws is not dependent on length of service.
“Whilst an employee who is arbitrarily dismissed may not have the requisite service to bring an unfair dismissal claim, he or she may have some basis to bring a discrimination claim. Employers should take legal advice if they are in any way unsure about the risks involved in dismissing a particular employee. ”
Accidents at work
New RIDDOR rules will change the reporting requirement for injuries so that, from 6 April 2012, only accidents resulting in incapacitation for more than seven days must be reported, and employers will have 15 days to do so. Previously, accidents resulting in incapacitation for more than three days had to be reported.
Jeff Swales, partner in the litigation and dispute resolution team at Andrew Jackson and member of the Health & Safety Lawyers Association, says:
“Employers should ensure that their health and safety documentation and procedures are updated to take account of these changes and that staff responsible for reporting accidents are made aware of the new system.
“Failure to report a reportable incident under RIDDOR is a criminal offence which may result in prosecution.”
Jonathan Dale and Jeff Swales of Andrew Jackson Solictors
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