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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.

Dentist legal issues

All dentists wishing to practise in the UK must be entered on the Register maintained by the General Dental Council (GDC) and must re-register each year. All dentists in England must be registered with the Care Quality Commission (CQC) as well.

The GDC is the statutory regulatory body for the dental profession and is responsible for overseeing professional standards. Dentists must take out professional indemnity insurance and must also participate in a statutory continuing professional development (CPD) scheme. The GDC requires dentists and dental care professionals to demonstrate that they can speak English well enough to practise safely.

Dental practices in Northern Ireland that offer private treatment must register with the Regulation and Quality Improvement Authority (RQIA). In Wales the Healthcare Inspectorate Wales (HIW) is the regulatory body. HIW inspects all dental practices (both NHS and private) at least once every three years.

Your dental practice should only employ, or work with, GDC-registered dental hygienists, therapists, nurses and technicians.

You should be aware that all dental practice websites must contain certain details about the practice, your qualifications and your GDC registration number. Contact the BDA for more information.

The use of the materials and the items of equipment commonly used in the dental practice is in many cases subject to regulation, for example:

  • the Mercury Regulations place restrictions on the use of dental amalgam when treating young people or pregnant or breast feeding women. Dental amalgam must only be used in pre-dosed encapsulated form
  • the Ionising Radiations Regulations and Ionising Radiation (Medical Exposure) Regulations regulate the use of x-ray equipment. Guidance Notes for Dental Practitioners on the Safe Use of X-ray Equipment can be accessed via the College of General Dentistry
  • dental practices must have a written scheme of inspection and insurance cover against explosion for pressure vessels
  • the use of class 3B or 4 dental lasers is regulated in some regions of the UK. Practices in Northern Ireland must register with the RQIA. The registering authority in Wales is the HIW. Registration with the CQC covers practices in England, and there is currently no requirement to register in Scotland

What licences does a dentist need?

You should be aware of the following:

  • dentists wishing to practise in the UK must be registered with the General Dental Council (GDC) and must pay an annual retention fee
  • dentists in England must register with the Care Quality Commission (CQC) and display the rating awarded following a performance assessment
  • if you use dental lasers (class 3B or 4) you will need to register with the Regulation and Quality Improvement Authority (RQIA) in Northern Ireland and with the Healthcare Inspectorate Wales (HIW). There's currently no requirement to register in Scotland. In England, registration with the CQC covers the use of lasers
  • practices in Northern Ireland providing private treatment must register with the RQIA
  • practices in Wales offering any private treatment must register with HIW
  • practices in Scotland offering only private treatment must register with Health Improvement Scotland
  • dentists using x-ray generators must register with the Health and Safety Executive (HSE)
  • anyone holding patient records must register with the Information Commissioner's Office (ICO) as a data user
  • dental hygienists, therapists and technicians must be registered with the GDC. You should only employ - or work with - registered dental nurses and technicians, hygienists and therapists
  • if you sell dental insurance you may need authorisation from the Financial Conduct Authority (FCA)
  • you will need to obtain a Music Licence from PPL PRS Ltd if you plan to play background music in your practice

Storage, use and disposal of potentially hazardous substances

Specific regulations cover the use and storage of controlled drugs and substances such as mercury. You will also have a duty to ensure that controlled and hazardous waste is disposed of safely - for example, by using an authorised waste carrier. Contact your local authority environmental health department for guidance.

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 dentist

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, equipment, fixtures and fittings, materials - including precious metals/alloys and drugs/medical stock
  • income protection
  • professional indemnity - GDC standards require dentists to "have appropriate arrangements in place for patients to seek compensation if they suffer harm"
  • cash
  • business interruption
  • employer's liability
  • public liability
  • pressure vessel insurance

Shop around for a dental practice insurance package.

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