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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.

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.

Lingerie shop legal issues

The following is an overview of some of the legislation that might be relevant to your lingerie retail business. The list is not intended to be exhaustive.

What licences does a lingerie shop need?

There are no licensing requirements relating specifically to lingerie retailers.

Be aware though that if background music is played in the shop then you will probably need a Music Licence from PPL PRS Ltd. There is an annual fee for this which you can pay online on the PPL PRS website.

In most parts of the UK, adult sex shops need a licence from their local authority and must stick to certain licensing conditions covering things like window displays. However, a typical lingerie shop - even one selling erotic lingerie - would not need a sex shop licence. The great majority of Ann Summers shops, for example, are not licensed. If you're in any doubt though it's best to contact your local authority trading standards department to make sure.

Retailing

There is a wide range of legislation that applies to retailers to protect the consumer and to require businesses to operate in a fair and honest way. For example, goods and services must not be misleadingly described and the retail price of goods must be clearly displayed. You will be responsible for making sure that all goods or services are fit for their intended purpose and of satisfactory quality.

Selling online

If you sell goods online there's special legislation that applies to your business. It covers matters like the information you must give on your website, distance selling, 'cooling off' periods and email privacy.

There's detailed guidance on your general legal obligations to consumers, and on the specific requirements when selling online, on the Trading Standards Business Companion website. Information about 'distance selling' legislation for online retailers is also available on the Gov.uk website.

Further information

The UK Fashion & Textile Association (UKFT) website includes an overview of the rules and regulations that affect the fashion industry as a whole, although much of this applies to importers and manufacturers rather than retailers.

Carrier bag charge

A minimum 10p charge applies for single-use carrier bags in England (other rules apply in Wales, Scotland and Northern Ireland). You can get detailed guidance from the GOV.UK website.

Health & Safety, fire

You must comply with workplace health and safety and fire safety legislation.

Employment legislation

Anyone employing staff must comply with employment legislation. Important areas of legislation include recruitment, employment contracts, pay, working hours, holidays, employment policies, sickness, maternity, paternity, discrimination, discipline, grievances, dismissals, redundancies and employment tribunals.

Insurance for a lingerie shop

Contact an insurer or insurance broker and explain exactly how your business will operate - they will then explain what insurance cover you must have by law, and other cover you should consider. This might include:

  • premises, premises contents and stock
  • goods in transit (for example being collected from suppliers)
  • cash
  • business interruption
  • employer's liability
  • public liability
  • motor insurance (for business vehicles)

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