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Practical employment law information to support your business, from Clover HR

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Establishing a successful recruitment process and clear written employment contracts for new employees can have a major impact on your business.

Every business needs to be aware of its obligations under minimum wage and equal pay laws, as well as recent pensions auto-enrolment changes.

You must comply with legal restrictions on employees' working hours and time off, or risk claims, enforcement action and even prosecution.

The right employment policies are an essential part of effective staff management. Make sure any policy is clear and well communicated to employees.

While sick employees need to be treated fairly, you need to ensure that 'sickness' is not being used as cover for unauthorised absence.

Most pregnant employees are entitled to maternity leave and maternity pay, while new fathers are entitled to paternity leave and paternity pay.

As well as undermining morale, illegal discrimination can lead to workplace grievances. Employee discrimination is covered by the Equality Act 2010.

Home, remote and lone workers are becoming increasingly commonplace. Key issues include communication and how to manage and motivate people remotely.

The right approach to consulting with and providing information to your employees can improve employee motivation and performance.

Disciplinary and grievance issues can be a major burden to employers. Putting in place and following the right procedures is essential.

Following the right dismissal and redundancy procedures helps protect your business and minimise the risk of a legal dispute at tribunal.

Employment tribunal claims are a worrying prospect for any employer. A tribunal case is a no-win situation – even if the claim is unjustified.

Health and safety law changes for self-employed

2 October 2015

Health and safety law changes for self-employedThe Government has made changes to the health and safety laws, exempting most self-employed people.

From 1 October 2015, health and safety law no longer apply to anyone who is self-employed and whose work activity poses no potential risk to the health and safety of other workers or members of the public.

In 2011, the Löfstedt Review recommended that those self-employed whose work activities pose no potential risk of harm to others should be exempt from health and safety law. This recommendation was accepted by Government.

HSE, the Government Health and Safety Executive, estimates that health and safety law will no longer apply to 1.7 million self-employed people including journalists, graphic designers, accountants, confectioners, financial advisers and online traders.

However, the law will still apply in certain high-risk work activities, such as agriculture and construction.

For health and safety law purposes, "self-employed" means that you do not work under a contract of employment and work only for yourself. Health and safety laws will still apply to anyone who is self-employed but employs others; those who are self-employed for tax purposes are not automatically exempt from health and safety laws.

According to HSE, it's up to individuals to judge whether there's a likelihood of someone else being harmed or injured as a consequence of their work activity - including members of the public, clients and contractors.

It said: "Most self-employed people will know if their work poses a risk to the health and safety of others. You must consider the work you are doing and judge for yourself if it creates a risk or not."

HSE has published guidance on risk management to explain more about the risks your work activity may create and how best to manage these.

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