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

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Setting up a business involves complying with a range of legal requirements. Find out which ones apply to you and your new enterprise.

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

What particular regulations do specific types of business (such as a hotel, or a printer, or a taxi firm) need to follow? We explain some of the key legal issues to consider for 200 types of business.

While poor governance can bring serious legal consequences, the law can also protect business owners and managers and help to prevent conflict.

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.

Whether you want to raise finance, join forces with someone else, buy or sell a business, it pays to be aware of the legal implications.

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

Marketing matters. Marketing drives sales for businesses of all sizes by ensuring that customers think of their brand when they want to buy.

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

Commercial disputes can prove time-consuming, stressful and expensive, but having robust legal agreements can help to prevent them from occurring.

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

Whether your business owns or rents premises, your legal liabilities can be substantial. Commercial property law is complex, but you can avoid common pitfalls.

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

With information and sound advice, living up to your legal responsibilities to safeguard your employees, customers and visitors need not be difficult or costly.

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

As information technology continues to evolve, legislation must also change. It affects everything from data protection and online selling to internet policies for employees.

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.

Intellectual property (IP) isn't solely relevant to larger businesses or those involved in developing innovative new products: all products have IP.

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

Knowing how and when you plan to sell or relinquish control of your business can help you to make better decisions and achieve the best possible outcome.

From bereavement, wills, inheritance, separation and divorce to selling a house, personal injury and traffic offences, learn more about your personal legal rights.

Architect legal issues

The following is likely to be relevant to anyone offering architectural services.

What licences does an architect need?

You need to be aware that the Architects Act 1997 restricts the use of the title Architect to those people who are registered with the Architects' Registration Board. You will need to have gained certain qualifications in order to be eligible to register and you will have to pay an annual retention fee.

Under the Data Protection Act you may have to register as a data user with the Information Commissioner's Office (ICO) if you keep computerised records of your clients' personal details. You will have to pay a fee for this.

Professional regulation (Architects Act 1997)

The activities of registered architects are regulated by the Architects Registration Board (ARB) and architects must comply with the ARB Code of Conduct and Practice; failure to do so may result in removal from the register. Only those registered with the ARB may use the title 'architect'.

While it is not compulsory, many registered architects are members of a professional body such as the RIBA and/or the Scottish, Welsh and Northern Ireland bodies (RIAS, RSAW and RSUA respectively). This entitles members to use the title 'chartered architect' and requires them to abide by a Code of Conduct.

Architectural technologists may apply for membership of the Chartered Institute of Architectural Technologists (CIAT) provided they have obtained recognised qualifications and satisfy the entry requirements. All members must abide by the CIAT Code of Conduct; disciplinary procedures exist for infringements of the Code.

Construction, Design and Management (CDM) Regulations

These Regulations place an obligation on the architect or architectural technologist to consider and explain to the client the health and safety issues which will arise during the construction of their design and, once it is completed, in its maintenance. The client must be aware of his or her obligation to appoint a principal designer whose duties include managing and co-ordinating health and safety during the pre-construction phase of a project, and working with the principal contractor to manage ongoing health and safety risks. If you agree to act as principal designer you should draw up a separate agreement to cover this. You can download helpful Construction Information Sheets about the Regulations from the Health and Safety Executive website.

Building and planning legislation

You must have a working knowledge of the building regulations in force and of the planning legislation that controls the development of all land and buildings in the UK.

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 and employment contracts

Pay and pensions

Working time: hours, leave, flexible working

Employment policies

Sickness and sick pay

Maternity, paternity and adoption

Discrimination

Managing home workers, remote workers, lone workers

Discipline and grievance

Dismissals and redundancies

Employment tribunals

Insurance for an architect

When you start up in business you will need insurance cover. Contact an insurer and explain exactly how your practice will operate. They will then be able to recommend what cover you should have, which might include:

  • professional indemnity insurance
  • premises, premises contents
  • personal accident and travel
  • loss of earnings
  • employers liability
  • public liability
  • product liability
  • motor insurance

You can find details of insurers/insurers which offer Professional Indemnity cover on the Architects' Registration Board (ARB) website. The ARB requires architects to make sure that they have adequate and appropriate cover by obtaining advice from their insurer. They are expected to hold a limit of indemnity of no less than £250,000 for each and every claim.

Members of a professional body like the RIBA or CIAT may benefit from tailored insurance packages.

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