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Employers may now be personally liable for unfair dismissal claims

A recent ruling has increased the scope of statutory protection for whistleblowers to include covered detriments against co-workers under the Employment Rights Act 1996. A Mr. Rice was dismissed by his company owner on the grounds of redundancy in February 2021. Mr. Rice asserted that his dismissal was automatically unfair, given that it was motivated by his protected disclosures. He subsequently applied to amend his claim to include a detriment claim against his owner-employer, alleging that his dismissal was a detriment in contravention of Section 47B of the Act. The core issue arose when he sought to amend his claim to include an additional complaint, specifically that his dismissal constituted a detriment inflicted by a co-worker, for which the owner was vicariously liable under the 1996 Act.

This principle states that the exclusion (Section 47B) only bars a direct detriment claim against the employer for its own act of dismissal. However, it does not bar a claim against a co-worker (under S. 47B(1A)) for the detriment of dismissal. Consequently, if a co-worker is liable for the act of dismissal as a detriment, the employer automatically becomes vicariously liable for that act under Section 47B(1B). This effectively allows the employee to bring a detriment claim against the employer for the act of dismissal itself. 

The ruling creates a crucial pathway through which employees may obtain a more comprehensive remedy for the act of dismissal, no longer solely restricting whistleblowers to a claim of unfair dismissal. This significantly increases the potential value of any award for damages, particularly in distressing cases.

Employees can now pursue the individual co-worker who carried out the dismissal – in this case, the owner of the firm. This is an important concession, especially where a company becomes insolvent, as the personal liability remains. Employers should be wary of their conduct toward whistleblowers, as they may find themselves personally liable for their words and deeds.

Tax Diary January/February 2026

1 January 2026 – Due date for Corporation Tax due for the year ended 31 March 2025

19 January 2026 – PAYE and NIC deductions due for month ended 5 January 2026. (If you pay your tax electronically the due date is 22 January 2026).

19 January 2026 – Filing deadline for the CIS300 monthly return for the month ended 5 January 2026.

19 January 2026 – CIS tax deducted for the month ended 5 January 2026 is payable by today.

31 January 2026 – Last day to file 2024-25 self-assessment tax returns online.

31 January 2026 – Balance of self-assessment tax owing for 2024-25 due to be settled on or before today unless you have elected to extend this deadline by formal agreement with HMRC. Also due is any first payment on account for 2025-26.

1 February 2026 – Due date for Corporation Tax payable for the year ended 30 April 2025.

19 February 2026 – PAYE and NIC deductions due for month ended 5 February 2026. (If you pay your tax electronically the due date is 22 February 2026)

19 February 2026 – Filing deadline for the CIS300 monthly return for the month ended 5 February 2026.

19 February 2026 – CIS tax deducted for the month ended 5 February 2026 is payable by today.

Cash flow pressures

Cash flow remains one of the most pressing concerns for small businesses, even where trading appears stable. Many businesses are finding that rising costs, cautious lenders and slower customer payments are combining to create ongoing pressure on day to day finances. In our experience, cash flow issues rarely arise from a single event. They tend to build gradually, which is why early visibility and proactive management are so important.

Operating costs have increased across most sectors, and these increases now feel structural rather than temporary. Wages, energy, insurance and supplier costs remain significantly higher than they were only a few years ago. For businesses with limited pricing power or fixed contracts, margins can be squeezed quickly, leaving less room to absorb delays in customer payments or unexpected expenses.

Access to finance has also become more restrictive. Overdrafts and short term lending are more expensive, reviews are more frequent and approval processes can take longer. This makes it harder to rely on borrowing as a flexible buffer when cash inflows are uneven. As a result, businesses need a clearer understanding of their cash position and greater control over the timing of payments in and out.

Late payment continues to be a major contributor to cash flow stress. Even well run businesses can struggle if customers consistently pay late or extend terms without discussion. When receipts are delayed, pressure quickly passes through to VAT, PAYE and Corporation Tax liabilities. What begins as a timing issue can escalate into missed deadlines, penalties or the need for time to pay arrangements with HMRC.

Credit control is another area where small improvements can have a meaningful impact. Prompt invoicing, clear payment terms and consistent follow up should be standard practice. Strong credit control is not about damaging relationships. It is about setting clear expectations and protecting the financial health of the business.

If you are experiencing cash flow pressure, or if you simply want greater confidence in your numbers, we can help. Please contact us to review your cash flow position, explore practical options and put a plan in place before issues become more difficult to manage.

Funding options for asset acquisition

Acquiring new assets is often essential for small businesses looking to grow, improve efficiency or remain competitive. Whether the investment is in vehicles, machinery, IT systems or specialist equipment, choosing the right funding method can have a significant impact on cash flow, tax efficiency and overall financial resilience. Understanding the main options available allows business owners to make more informed decisions.

Using existing cash reserves is the most straightforward option. Paying outright avoids interest costs and keeps administration simple. However, it can leave the business exposed if working capital is reduced too far. For many businesses, preserving cash for day to day operations, tax liabilities and unexpected costs is just as important as the asset purchase itself.

Bank loans remain a common funding route. Term loans allow the cost of an asset to be spread over its useful life, helping to align repayments with the income the asset generates. While interest rates are higher than in previous years, loans can still be suitable where cash flows are predictable, and the business has sufficient headroom to meet repayments. It is important to consider any security requirements and the impact on future borrowing capacity.

Asset finance is widely used for equipment, vehicles and machinery. Hire purchase and finance lease arrangements allow businesses to acquire assets with limited upfront cost, spreading payments over an agreed period. In many cases, the asset itself provides the security, which can reduce the need for personal guarantees. Asset finance can also offer flexibility, particularly where technology changes quickly or assets need regular replacement.

Operating leases are another option, especially for assets that depreciate rapidly or become obsolete. Rather than owning the asset, the business pays for its use over a fixed term. This can reduce balance sheet exposure and help manage cash flow, although ownership does not pass to the business at the end of the agreement.

For owner managed companies, director loans or additional capital introduced by shareholders may be considered. While this can avoid external borrowing, it still requires careful planning around tax, repayment terms and the long term impact on personal finances.

Each funding option has different accounting and tax implications, including capital allowances, interest relief and balance sheet treatment. The right choice will depend on the type of asset, the strength of the business cash flow and the wider financial objectives.

A short discussion at the planning stage can often lead to a more efficient and sustainable outcome.

Property and savings income subject to new tax rates

The government announced at Budget 2025 that dividend income, property and savings income, will be subject to new tax rates. These changes will be legislated for through the Finance Bill 2025–26 and will be phased in between April 2026 and April 2027.

Dividend income

From April 2026, most dividend income will be subject to higher rates of tax. The ordinary and upper dividend tax rates will each increase by two percentage points, rising to 10.75% and 35.75%, respectively. The additional rate will remain unchanged at 39.35%.

Property income

From 6 April 2027, new tax rates will apply to property income with an increase of two percentage points in each tax band. This will mean that property income will be taxed at 22% for basic rate taxpayers, 42% for higher rate taxpayers and 47% for additional rate taxpayers from 2027-28. These rates will apply in England, Wales and Northern Ireland.

The government has stated that it will work with the devolved administrations in Scotland and Wales to facilitate their ability to set their own property income tax rates.

Savings income

Savings income will also be subject to revised rates from 6 April 2027. In line with the changes to property income, the basic, higher and additional rates applicable to savings income will increase by two percentage points to 22%, 42% and 47%, respectively.

The government has confirmed that the existing allowances for savings income will remain unchanged. Basic rate taxpayers will continue to receive up to £1,000 of tax-free interest, while higher rate taxpayers will retain the £500 allowance. The Starting Rate for Savings, which provides up to £5,000 of savings income tax-free for lower earners, will also remain in place.