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

Search

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.

Ten ways to protect your intellectual property

Intellectual property (IP) theft is surprisingly common. If you haven't taken steps to protect your ideas, designs, trade marks and copyrighted material, there may be nothing you can do to prevent it. Here's how to make sure other people don't misuse your IP

First of all, consider trademark registration. What is trademark registration and why is it important? Trademark registration legally secures your IP, giving you exclusive rights to use your mark in commerce. This protection helps prevent others from using a similar mark that could confuse consumers and dilute your brand's value.

  1. List all your IP assets. Ensure that you have a procedure in place to assess and account for your IP, from trade marks, copyrights and designs, to patents and domain names. Use the free IP Healthcheck tool from the Intellectual Property Office (IPO) to compile a list of the IP you own.
  2. Check that your IP idea is original. Use patent and trade mark searches early in the development of new products, logos and processes to establish whether someone else has got there first and protected them. This is a complex area. Consider using the services of a patent or trade mark attorney. They can help you ensure your search is thorough and that your invention truly is new.
  3. Record evidence proving you have created the IP. Keep a log of evidence that records the development of your IP. For example, file dated and signed copies of drawings and drafts.
  4. Prevent IP theft with robust contracts. Ensure all your employment and consultancy contracts clearly state your ownership of any IP developed by your firm.
  5. Seek expert advice if you are unsure you are protected. To ensure that any trade mark you create is properly protected, contact a trade mark agent for advice through the Chartered Institute of Trade Mark Attorneys. Find a patent agent through the Chartered Institute of Patent Attorneys.
  6. Protect your IP early as registration takes time. It typically takes between 2 and 4 years to get a UK patent granted. However, under certain circumstances, it is possible to have your UK patent fast-tracked - reducing the waiting time to under a year. Fast track approval is available for inventions that offer an environmental benefit and those that have already received a positive examination report from an international patent office. It typically takes about six months to register a trade mark.
  7. Guard against IP infringement online. IP infringement has become easier with the growth of internet use and social networking. It happens more than you think - you post a blog or image online and someone else takes it and passes it off as their own. Copyright and ownership notices will do a lot to put them off, and make it easier to seek redress. Use search engines to check that no one is using your copy, logo or images without your permission.
  8. Protect your IP outside the UK. Seek advice from a patent and/or trademark attorney on whether you need to protect your IP overseas. Remember you will need separate international patents, design registration and trade marks to protect your IP abroad.
  9. Keep an eye out for IP scams. The IPO has warned that applicants and owners of UK trademarks and patents have received bogus letters from scammers demanding payment in return for registering their details. To avoid falling prey to fraudsters, only deal with official bodies such as the IPO or the European Patent Office (or patent and trademark attorneys) when making applications.
  10. Be prepared to take legal action over IP infringement. Weigh up whether taking legal action will be worth the expense, but be prepared to pursue offenders for infringement where necessary - sometimes one stiff letter gets results. Alternatively, be prepared to sit down and negotiate a licence, at least this way you avoid court and could be paid some royalties.

Stay up-to-date with business advice and news

Sign up to this lively and colourful newsletter for new and more established small businesses.