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

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Establishing a successful recruitment process and clear written employment contracts for new employees can have a major impact on your business.

Every business needs to be aware of its obligations under minimum wage and equal pay laws, as well as recent pensions auto-enrolment changes.

The right employment policies are an essential part of effective staff management. Make sure any policy is clear and well communicated to employees.

While sick employees need to be treated fairly, you need to ensure that 'sickness' is not being used as cover for unauthorised absence.

Most pregnant employees are entitled to maternity leave and maternity pay, while new fathers are entitled to paternity leave and paternity pay.

As well as undermining morale, illegal discrimination can lead to workplace grievances. Employee discrimination is covered by the Equality Act 2010.

Home, remote and lone workers are becoming increasingly commonplace. Key issues include communication and how to manage and motivate people remotely.

The right approach to consulting with and providing information to your employees can improve employee motivation and performance.

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.

Employment tribunal claims are a worrying prospect for any employer. A tribunal case is a no-win situation – even if the claim is unjustified.

Dressmaker legal issues

The following is an outline of some of the areas that may be relevant to you. 

What licences does a dressmaker need?

There are no licensing requirements relating specifically to dressmakers.

You should, however, be aware of the following:

  • if background music is provided in your workshop or studio for customers or staff, then you'll need a Music Licence from PPL PRS Ltd
  • businesses which keep computerised records of customers' details may be required to register as data users with the Information Commissioner's Office (ICO)

Protecting original designs

You should be aware of the Copyright, Designs and Patents Act. This gives copyright protection to original designs, including 'artistic craftsmanship'. The copying of original designs without permission is prohibited. Designers can do more to protect themselves from counterfeiting by registering their designs with the Intellectual Property Office (IPO). You will also benefit from being able to licence someone else to use your designs, or even sell them your registered designs. A single design item can be registered, if required. You'll need to renew the registration every five years.

Consumer protection

You should be aware that there is specific regulation which applies to children's nightwear, which must comply with flammability performance requirements. Contact your local trading standards department for further details.

Retailing

There is a wide range of legislation that applies to retail outlets and that protects the interests of the consumer. For example, goods and services must not be misleadingly described and the retail price of goods must be clearly displayed. You will be responsible for making sure that all goods or services are fit for their intended purpose and of satisfactory quality.

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 dessmaker

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, premises contents
  • stock and work in progress
  • customers' garments (being altered/repaired)
  • goods in transit (being collected or delivered)
  • cash
  • business interruption
  • employer's liability
  • public liability
  • motor insurance (for business vehicles)

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