Crab Insight
Vol 2 Issue 1
October 2014


In This Issue - needs amending

Legal Update
What we are being asked about
Top Tip
Reputation Matters
Reputation Advocates
Forthcoming Events
In closing

Dates for your diary:

E-bay, E-xciting or E-xacting 
A Southern Entrepreneurs event
18th November 2014
Public Sector Tendering
A Southern Entrepreneurs event
8th December 2014
Kick Start the New Year
9th January 2015
Hayling Island

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Hello *|FNAME|* and welcome to the October edition of Crab Insight.

This year is just flying past, we can't believe we are into the last quarter of the year already. As the weather seems to have turned we thought it would be nice to remind ourselves of lazy summer days by the pool. Was it really only last weekend that we were still enjoying the summer?

This is also the first edition of the second volume of Crab Insight. It doesn't seem possible that we have produced 12 editions. If you have any comments on the format or would like us to include anything to help your business do please let us know.  

In the meantime have you achieved all you wanted to this year?  Take time out to review and set some goals for next year at our Kick Start the New Year event in early January.  (Is it really only 12 weekends until Christmas?) 

It gives us great pleasure to extend a very warm welcome to our new Reputation Advocates this month:

Unfortunately Clive's business Access by Design is not yet on the website but we hope to rectify that very soon.

We do hope you enjoy this edition of Crab Insight.

Legal Update

Consumer Sales
The Consumer Rights Bill is due to be brought into force soon, it is currently making its way through Parliament. If you sell goods to consumers this will have an impact on your business which you need to start thinking about now.

The Consumer Protection (Amendment) Regulations 2014 allows consumers who have been victims of misleading or aggressive trading practices, to seek redress from traders by bringing their own private actions in the civil courts. The new rights came into force on 1st October 2014.

The Committee of Advertising Practice (CAP) published guidance to companies advertising official services or documents on "copycat" websites, i.e. websites that are not the official government channel for the services or documents. They advise the operators, among other things, to avoid using the term "official" in the name of the website or when describing its services.

Public Sector Contracts and Tendering
The Cabinet Office's Cyber Essentials security controls will be mandatory for central government contracts advertised after 1st October 2014 that involve the handling of personal information or the provision of certain technical products and services. Suppliers who are bidding for contracts must comply with the controls.

Thomson Reuters has launched a set of indices to measure the performance of European companies' ratings for environmental, social and corporate governance practices. 

The UK Corporate Governance Code sets out standards of good practice in relation to board leadership and effectiveness, remuneration, accountability and relations with shareholders. All companies with a Premium Listing of equity shares in the UK are required under the Listing Rules to report on how they have applied the Code in their annual report and accounts. 

 From 1st November 2014 a license from the Gambling Commission is needed to advertise remote gambling facilities in Great Britain.


Other Reputational Updates 

Suspicious Activity Reports
The National Crime Agency has published guidance for firms on the circumstances when a case relating to a suspicious activity report (SAR) can be closed. From 1st October 2014, SARs requesting consent that are missing the reason for suspicion or fail to identify the nature of the criminal property can be closed without further engagement from the UK Financial Intelligence Unit.

The European Commission and the 'Article 29 Working Party' have published further information on their approach to the right to be forgotten following the European Court of Justice's decision in Google Spain SL and Google Inc v Agencia Española de Protección de Datos (AEPD) and Mario Costeja González, Case C-131/12.

What we are being asked about

Do I need a notice on my car if I use CCTV to record other road users?
The Data Protection Act applies to the processing of personal data which can identify a living individual. It clearly therefore applies to recorded images and there is a code of practice on the use of CCTV. There is an exemption in the code for recreational use of CCTV equipment, Therefore if the camera was being used for non recreational purposes there is no exemption and the code would apply.

Does the guarantee we give to our customers need to have any specific things in it?
Yes, please get in touch for some help on this one. There are some very specific requirements.

How do I stand if a customer ordered some goods in store for delivery to a relative and the relative was at first happy with the goods but then changed their mind? 
As long as the contract was concluded on your usual trade premises cancellation rights are not available to the customer. As the law stands currently, the consumer does not have a right to reject the goods for a refund as long as the goods are 'of merchantable quality', 'as described' and they are 'fit for purpose'. If they have just changed their mind they are not entitled to a refund. Unless of course you have a published returns policy in which case you will need to abide by the terms of thatHowever you may wish to make a good will gesture and offer a compromise to maintain the customer relationship. That is a business decision. The only complication is that the goods were ordered by one party and the balance was paid by another. The law is such that the contract is between the purchaser and the seller and hence the purchaser is the person who can exercise their statutory rights. This would require a little more research to determine exactly who the consumer was in the circumsances described.

Is it OK to add someone to my mailing list if they have given me their business card?
No, not unless you asked them for their permission to do so and best practice would be to record that they gave consent in some way.

Top Tip
Did you know that anyone who handles personal data needs to notify and register with the Information Commissioner unless they are exempt?

You can check if you are exempt on the Information Commissioners website. (This link opens in a new window)

If you need any help remember All you Have To Do Is Ask

An Insight into Auto Enrolment With Reputation Advocate, Helen Llewellyn, of The Enrolment Professionals 

Auto enrolment – it sounds like a bureaucratic nightmare because it is. This is the recent government regulation affecting all businesses with staff even small limited companies where it may be a husband and wife team on the payroll only.

It’s all about pensions and businesses paying for it not the State. The rules set out:

  • What you have to do

  • The sort of pension needed

  • The minimum amount of contributions you and your staff will have to pay

  • The records you have to keep

  • The information you need to provide.

As well as these rules there are choices to be made which relate to cost and administration of the scheme. Each choice has implications for the staff and business itself. As its pension and payroll related undoing choices would take time and could be costly so better to get the choices right now.

Choices include:

  • Which of the 3 types of pension contribution each will affect the cost to the business

  • The pension provider, which one is right for you

  • What do you do for people who have old pensions or their own arrangements

  • How do you integrate the auto enrolment processes into your business with least disruption

  • How you can keep costs down for temporary staff or those receiving short term bonuses

Each payroll must be checked for pension contributions, new joiners, leavers and more, setting it up is only part of the job.

Yes you can do auto enrolment yourself. This works well if you have a stable workforce and a payroll system/ company that can help. You will need some time to fathom out what goes where and what all the jargon means.

If you don’t have the time to learn about auto enrolment or the time to manage it then outsourcing could be for you. Try asking your payroll company, accountant, financial advisor or there are dedicated auto enrolment guidance companies like us. The bulk of the work can be taken off your hands. Once set up the outsourcer will be able to run things for you.

Training and Set Up
Like the idea of doing it yourself but fancy some support and training – a group class on auto enrolment with a helpdesk behind the scenes for your questions after the class could be just the thing.

Some examples
A couple running an IT company – They wanted a simple cost effective way to comply with the rules. A pension needs to be set up but is a secondary retirement option for them. The DIY Manual option was chosen plus we're going to set up a simple pension for them.

A new charity has just started trading they're keen to be an employer of choice so want to set up an auto enrolment compliant pension form the outset. With so much to do as a new business they've chosen the full outsourcing option. In a few weeks they'll be all set up.

Helen can be contacted at the Enrolment Professionals


Reputation Advocates
We are delighted to introduce our Reputation Advocates if you need expert help for your business.

Reputation Advocates, have been audited by Crimson Crab. They have also signed a contractual undertaking to comply with our Code of Conduct and meet the standards in our Ethical Trading PolicyThis means that we know they have a great approach to business which reflects the core principles that Crimson Crab stands for. In addition we are confident that they put their clients at the heart of everything they do to provide the best possible service, and will rectify things quickly if they do go wrong. 

If you think that your business would benefit from becoming a Reputation Advocate please get in touch.

Forthcoming Events

E-bay - E-xciting or E-xacting
For Southern Entrepreneurs
Date: 18th November 2014
Time: 10.00 am - 1 pm
Venue: Basepoint Southampton
More details

Winning Government Tenders
For Southern Entrepreneurs
Date: 8th December 2014
Time: 10.00 am - 1 pm
Venue: Discovery Centre Winchester
More details

Kick Start The New Year 
An opportunity to formulate your plans for 2015 and really get off to a good start. 
Date: Friday 9th January 2015
Time: 10.00 am - 4 pm
Venue: Northney Farm Tea Rooms Hayling Island. (To be confirmed)
Cost: £60 per person to include light lunch and refreshments. 1 free place for Reputation Academy, including Platinum Reputation Advocates members (with a small charge for refreshments).
More Details

In closing

If there are any issues raised in this issue that you would like to talk to us about in more detail, please don't hesitate to get in touch. 

As always we would love to receive your feedback:
  • What would you like to see more of or less of?
  • Are there any reputational risks that you would like to see covered? 
  • Would you like a Special Event on any particular issue?
You can complete an on-line form, drop us an email or give us a call directly on 023 9263 7190
Please could we ask you to forward this Crab Insight on to anyone you think would benefit from the information. 

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Until next month

Don't worry, be Crabby savvy!!

and take care of your reputation.


Best wishes


Wendy and Rob

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