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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.

SMEs flying blind with lack of expert help

24 April 2015

SMEs flying blind with lack of expert helpSMEs are failing to take professional advice when setting up their business, leaving them vulnerable to costly mistakes.

Research by Aviva has revealed that 38% of small business owners rely on advice from family or friends, while just 13% consult financial advisers, 9% use legal advisers and 6% turn to insurance providers.

And yet business owners said that the top three hurdles when setting up their enterprise were financial administration (32%), marketing and sales (31%) and understanding and fulfilling legal obligations as an employer or business owner (30%).

These are all areas that many had little or no knowledge about. The survey found that three-quarters of SMEs knew little or nothing about book-keeping or marketing and sales when they set up their business. And the vast majority (85%) said they knew very little about their legal obligations as an employer.

Even once established, business owners report that on-going hurdles include marketing and sales (26%), getting financial help (18%) and understanding legal obligations as an employer (18%).

Many of those polled were unaware of their legal obligations on workplace pensions and business insurance.

One in five (21%) says they haven't yet set up a workplace pension but know they need to at some point; over a third (36%) of micro employers (those with 1-5 employees) don't think they need to.

In addition, 11% of SMEs thought that employers' liability insurance wasn't a legal requirement in any scenario. A quarter (25%) also wrongly believe that employers' liability insurance is only legally required once a business has more than one employee.

Angus Eaton, managing director of commercial lines at Aviva, said: "Clearly SMEs need a strong understanding of their legal obligations and how they can protect their business and employees to keep it trading."

He added: "It's only natural to want to consult with your family and friends but advice from professional experts can save time and money, helping small business owners with practical solutions."

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