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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.

Minicab legal issues

Private hire vehicles must be booked in advance and are not allowed to ply for hire or work off a taxi rank.

Legislation provides for private hire drivers, vehicles and operators to be licensed. Depending on your location, contact Transport for London (TfL), your local taxi licensing authority, or the Passenger Transport Licensing Division (PLTD) of the Department for Infrastructure (DfI) in Northern Ireland. They will be able to give you guidance as to the conditions you and the vehicle must meet in order to obtain a licence. You must accept bookings for assistance dogs that accompany disabled passengers and you must not make a charge for carrying the dog.

What licences does a minicab business need?

Legislation provides for the licensing of private hire vehicles, drivers and operators. If you're planning to operate as a 'one man band' you'll need all three licences if you use your own vehicle. Your local licensing authority - or the Passenger Transport Licensing Division of the Department for Infrastructure (DfI) in Northern Ireland - will give you details of what is involved. If you are providing a bookings service, or hiring out your vehicle to others, you must make sure that all the drivers hold the appropriate licences. There is a charge for each of these licences, which varies around the country.

You must make sure that you have paid the appropriate vehicle excise duty (road tax) for your cab.

Radio operators must obtain a radio licence, for which there is an annual fee. The licence covers both the base and the mobile units and is issued by OFCOM. You can apply for a business radio licence on the OFCOM website.

If you install CCTV equipment in your vehicle you should make sure you comply with the Data Protection Act. Contact the Information Commissioner's Office for details.

Smoking bans

Don't forget that UK-wide smoking bans also apply in private hire vehicles - you will have to display a no-smoking sign in your vehicle.

Equality Act

Your local authority can keep a list of wheelchair-accessible taxi and private hire vehicles ("designated vehicles") in their area. Drivers of taxi and private hire vehicles listed by the local licensing authority as being wheelchair accessible can be fined up to £1,000 if they refuse to transport wheelchair users or try to charge them extra. They are now required by law to:

  • transport wheelchair users in their wheelchair
  • provide passengers in wheelchairs with appropriate assistance
  • charge wheelchair users the same as non-wheelchair users

You can get an exemption from this if you yourself have a medical condition that would make it difficult to offer physical assistance. Contact your licensing authority for help. You can find out more on the Gov.uk website.

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 minicab business

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
  • employers liability (if you employ staff)
  • public liability

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