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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.

How to get a mortgage if you run your own business

Business owners can sometimes find it difficult to get a mortgage. But lenders are increasingly open to offering mortgages to both the self-employed and company owners

With around 5.6 million small businesses in the UK at the start of 2023 (2.2 million more than in 2000) lenders are generally happy to offer mortgages to business owners – provided you can reassure them that you are a good risk. Specialist lenders may be able to help if you don't meet the requirements of more mainstream mortgage providers such as the high street banks.

Mortgages for the self-employed

If you are self-employed, how much you can borrow depends on how large a deposit you can provide and what your income is. Lenders usually consider your net, after-tax profits as your income.  Lenders typically prefer to lend to people with relatively steady or consistently increasing income.

Most lenders will want to see two to three years of tax returns as evidence of this, and may also want copies of business accounts which have been checked by an accountant. You may find it difficult to get a mortgage if you have only recently started your business, but there are lenders who will accept just a single year's accounts.

'Self-certification' mortgages – where the self-employed could state their income without needing to prove it – are no longer available.

More broadly, lenders look to check that the mortgage will be affordable. So lenders may also want to see your recent bank statements, to get a picture of your main personal and business expenses.

Mortgages for company directors

If your business trades as a company, you may well take your income as a combination of salary and dividends. Lenders generally take both of these into account in terms of how large a mortgage they might offer you.

However, many lenders will not take into account any profits you retain in the business – for example, to fund future growth or as part of your tax planning. If the amount you want to borrow relies on these retained profits, you may need to turn to a specialist lender for your mortgage.

Help finding a mortgage as a business owner

Like any borrower, it's worth shopping around to find what mortgages are available for your particular circumstances. You can do this yourself or get advice from a mortgage broker. A broker can be particularly helpful if:

  • you have a poor credit rating, limited credit history or record of bad debts
  • your business is a new start-up, or has recently changed form (for example, from being self-employed to trading as a company)
  • your earnings are volatile, or you have made an annual loss within the last few years
  • you want to borrow a large amount
  • profits have grown significantly and you want a mortgage based on your latest annual profits (rather than average profits over the last few years)

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