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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.

Workplace stress

Although some degree of stress is to be expected in most jobs, too much stress can affect your ability to carry out your role and can even be dangerous for your health

What is workplace stress?

The Health and Safety Executive (HSE) defines workplace stress as: "The adverse reaction people have to excessive pressures or other types of demand placed on them at work."

Signs of stress may include:

  • depression and negative feelings;
  • lack of motivation or confidence;
  • inability to concentrate and memory problems;
  • eating problems and alcoholism;
  • difficulty sleeping.

Employers have a duty of care to protect the health of their staff. So if your health is suffering as a result of work-related stress, you should raise this with your line manager or HR department.

What are the main causes of stress in the workplace?

There are a wide range of triggers of stress, from bullying and harassment to an excessive workload or problems with your working environment. Other possible causes of stress at work include:

  • not having any say in how you do your job (eg inability to control your pace of work or when you can take breaks);
  • lack of understanding of your role within the organisation, or feeling that your responsibilities are unclear;
  • insufficient support from your company and colleagues (eg not receiving constructive feedback);
  • disruptive changes within your company which are not properly communicated.

What can I do if I'm suffering from stress at work?

The first thing to do if you are suffering from workplace stress is to discuss this with your line manager. There are several ways they might be able to help with the problem.

  • You can make a request for flexible working. You have a legal right to ask for this if you have worked for your employer for at least six months (unless you are an employee-shareholder). Your employer doesn't have to agree but must consider the request reasonably.
  • You can ask to be moved to a different department, or a less stressful role.
  • You can ask your employer to intervene to stop any bullying or harassment. If the bullying or harassment involves unlawful discrimination, you can make a formal complaint and if necessary complain to an employment tribunal.
  • If you have a disability - including some mental illnesses such as long-term depression - you can ask your employer to make reasonable adjustments to your workplace to reduce stress. If your employer does not, you may be able to make a claim for disability discrimination.
  • You can ask for a referral to an occupational health specialist.

In addition to speaking to your line manager or HR department, you can consider writing a formal letter of grievance, contacting a union rep or talking to an employment lawyer about work-related stress. If you resign due to stress you may, in some circumstances, be able to claim constructive dismissal - but you should always talk to a lawyer first.

You should also talk to your GP - both to determine what is causing your stress and for your records, in case you wish to make a claim and need evidence.

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