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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.

Taxi firm legal issues

Various pieces of legislation provide for taxi drivers and taxi vehicles throughout the UK to be licensed. Contact Transport for London (TfL) or your local taxi licensing authority which will be able to give you guidance as to the conditions you and the vehicle must meet in order to obtain a licence.

Taxi regulation in Northern Ireland is dealt with by the Passenger Transport Licensing Division (PTLD) of the Department for Infrastructure (previously the Department of the Environment) in Northern Ireland.

Of course, you will have to ensure that you observe driver and road traffic legislation at all times - failure to do so could cost you your licence and your livelihood.

What licences does a taxi firm need?

There is legislation in place that covers the licensing of taxi owners, vehicles and drivers. Your local licensing authority will give you details of what is involved.

Be aware that some licensing authorities restrict the number of licensed taxis by only issuing a certain number of licences, while others have no limit.

Taxi drivers need to undergo an 'enhanced' background check as part of the licence application process. Many local authorities also require applicants to undertake a training course for taxi drivers equivalent to the Taxi Drivers Assessment which was administered by the Driver and Vehicle Standards Agency until December 2016.

Vehicles need to meet certain standards covering matters such as age and condition, safety, wheelchair access and emissions.

In England (apart from London), Scotland and Wales, the licensing body for taxis is the local authority. In London the licensing authority is London Taxi and Private Hire (LTPH), which is part of Transport for London (TfL). In Northern Ireland, the licensing authority is the Passenger Transport Licensing Division (PTLD) taxi licensing section of the Driver and Vehicle Agency (DVA).

Don't forget that if you rent out your taxi to another driver for some shifts, he or she must be licensed.

If your taxi is fitted with an internal security camera (CCTV), you may need to register with/notify the Information Commissioner's Office (ICO). There's more about CCTV, including a code of practice for users, on the ICO website. The TfL website includes some specific guidance on CCTV use in taxi and private hire vehicles.

If you're intending to set up a larger business with an office and several drivers, and you intend to use a radio system to enable drivers to stay in touch with base, then you will need a radio licence from Ofcom. There's more information on the Ofcom website. Note that if you're just going to work as a self-employed driver and use a mobile radio unit to stay in touch with a taxi operator then you will be covered by their licence and you won't need one of your own.

Equality Act

Your local authority can keep a list of wheelchair-accessible taxis ("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.

Smoking bans

UK-wide workplace smoking bans also apply in taxis, and apply to both drivers - including owner-drivers - and passengers. You mustn't smoke in your taxi vehicle even if it belongs to you and you're just in it on your own at the time. You will have to display an appropriate 'No Smoking' sign in your vehicle.

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 taxi firm

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:

If you're planning to join a trade association then it's well worth checking to see whether you can obtain insurance cover through them. The London Taxi Drivers Association (LTDA), for example, offers discounted insurance to members. You can find out more about this and other membership benefits on the LTDA website.
 

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