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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.

When is a dismissal is automatically unfair?

There will automatically be a finding of unfair dismissal against you, if you sack an employee for any of the reasons below. Their age, or their length of service is immaterial

  1. Taking, or seeking to take, leave for family reasons including pregnancy, maternity leave, paternity leave, adoption leave, childbirth and parental leave;

  2. Taking leave for family emergencies or to care for dependants;

  3. Taking, or seeking to take, time off for antenatal or adoption appointments;

  4. Performing certain health and safety activities;

  5. Refusal of Sunday working by shop and betting employees;

  6. Refusal to perform certain activities that would breach the Working Time Regulations;

  7. Performing certain functions as a trustee of an occupational pension scheme;

  8. Performing certain functions as an employee representative under the TUPE or collective redundancies legislation;

  9. Making a protected disclosure (ie whistleblowing);

  10. Asserting certain statutory rights;

  11. Seeking to exercise the right to be accompanied or to accompany a fellow worker at a disciplinary and grievance hearing;

  12. Taking certain steps under the National Minimum Wage Act 1998;

  13. Seeking to exercise the right to flexible working;

  14. Because they are a part-time worker;

  15. Because a zero hours worker works for other employers;

  16. Participating in ‘protected’ industrial action;

  17. Performing certain functions in relation to trade union recognition;

  18. Participation in trade union membership or activities;

  19. Exercising rights relating to fixed-term working;

  20. Undertaking jury service;

  21. Carrying out pension auto-enrolment obligations for an employee.

There will also automatically be a finding of unfair dismissal against you, if an employee can prove to an Employment Tribunal’s satisfaction that you selected them for redundancy for any of the above reasons.

This list is not exhaustive. If you are considering dismissing anyone who might be able to attribute your action to any of the above causes, you are strongly advised to take legal advice first.

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