I've been looking at the following two pieces of legislation to determine the impact to my business, and just joined this forum wondering if people here have any views on this.
1) The Consumer Protection from Unfair Trading Regulations 2008 - Statutory Instrument 2008 No 1277
2) The Business Protection from Misleading Marketing Regulations 2008 - Statutory Instrument 2008 No.1276
My initial thoughts, are that I like these pieces of legislation, and for a government that has introduced so many pieces of legislation in the past 11 years, this is something that may actually be good. Things are often not as they seem, and I welcome discussion on this topic, and any views that you have that agree or disagree with these initial thoughts.
Moving on from my initial thoughts, I have some questions specifically relating to the way small business provide consultancy services, with the use of sales agents to provide the initial introduction, and stay in the loop throughout the duration of the project.
As a supporting note for my questions, I refer to the ongoing discussion about what service is being provided, and if it is the consultant providing the services through a limited company, or a limited company providing the services, something that is often debatable among business owners and sales agents.
Consumer Protection
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Sales agents often look at it from the view that they are only interested in people, and they go from heaven to earth to ignore the ltd company, until such time as payment is being processed, which is the only time they want to even acknowledge that a business exists.
Q1) If an individual is seeking work, does an individual qualify as a "Consumer" within the meaning of the "Consumer Protection" legislation above?
Q2) If so, then to what extend do the actions of sales agents become criminal, including, but not limited to sections such as:
Shedule 1 - Part 18 - Passing on materially inaccurate information on market conditions or on the possibility of finding the product with the intention of inducing the consumer to acquire the product at conditions less favourable than normal market conditions. Note: Product also includes Service in statute.
Business Protection
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Where the limited company provides details of the services that are being offered, and where appropriate supporting details of principle consultants within the business, what happens when the agent modifies the information and presents the information in their own format, which may imply that:
1) A particular named consultant is being supplied, rather than something like "Consultancy Services"
This is not a exhaustive list, as others here may see different things which catch their attention. Cutting it short, as failure to comply with these pieces of legislation carries a maximum 2 year prison sentence, due dilligence is warrented.
It does say that with advertising, it is necessary to state characteristics of the product (which includes services in the definition), and the conditions upon with the product/services are being provided.
On the face of it, it looks like complying with the law will intimidate sales agents. One important issue is to what extend do we need to make sure sales agents acting on our behalf are complying with such legislation.
I welcome all your feedback, and discussion on this issue. I appologise if this has already been discussed to death on this forum. I did look, but didn't find anything, but this is my first post so please be forgiving.
Integrity
1) The Consumer Protection from Unfair Trading Regulations 2008 - Statutory Instrument 2008 No 1277
2) The Business Protection from Misleading Marketing Regulations 2008 - Statutory Instrument 2008 No.1276
My initial thoughts, are that I like these pieces of legislation, and for a government that has introduced so many pieces of legislation in the past 11 years, this is something that may actually be good. Things are often not as they seem, and I welcome discussion on this topic, and any views that you have that agree or disagree with these initial thoughts.
Moving on from my initial thoughts, I have some questions specifically relating to the way small business provide consultancy services, with the use of sales agents to provide the initial introduction, and stay in the loop throughout the duration of the project.
As a supporting note for my questions, I refer to the ongoing discussion about what service is being provided, and if it is the consultant providing the services through a limited company, or a limited company providing the services, something that is often debatable among business owners and sales agents.
Consumer Protection
--------------------
Sales agents often look at it from the view that they are only interested in people, and they go from heaven to earth to ignore the ltd company, until such time as payment is being processed, which is the only time they want to even acknowledge that a business exists.
Q1) If an individual is seeking work, does an individual qualify as a "Consumer" within the meaning of the "Consumer Protection" legislation above?
Q2) If so, then to what extend do the actions of sales agents become criminal, including, but not limited to sections such as:
Shedule 1 - Part 18 - Passing on materially inaccurate information on market conditions or on the possibility of finding the product with the intention of inducing the consumer to acquire the product at conditions less favourable than normal market conditions. Note: Product also includes Service in statute.
Business Protection
------------------
Where the limited company provides details of the services that are being offered, and where appropriate supporting details of principle consultants within the business, what happens when the agent modifies the information and presents the information in their own format, which may imply that:
1) A particular named consultant is being supplied, rather than something like "Consultancy Services"
This is not a exhaustive list, as others here may see different things which catch their attention. Cutting it short, as failure to comply with these pieces of legislation carries a maximum 2 year prison sentence, due dilligence is warrented.
It does say that with advertising, it is necessary to state characteristics of the product (which includes services in the definition), and the conditions upon with the product/services are being provided.
On the face of it, it looks like complying with the law will intimidate sales agents. One important issue is to what extend do we need to make sure sales agents acting on our behalf are complying with such legislation.
I welcome all your feedback, and discussion on this issue. I appologise if this has already been discussed to death on this forum. I did look, but didn't find anything, but this is my first post so please be forgiving.
Integrity
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