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

Starting up

Setting up a business involves complying with a range of legal requirements. Find out which ones apply to you and your new enterprise.

Pay and pensions

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.

Business ownership and management

While poor governance can bring serious legal consequences, the law can also protect business owners and managers and help to prevent conflict.

Working time: hours, leave, flexible working

You must comply with legal restrictions on employees' working hours and time off, or risk claims, enforcement action and even prosecution.

Employment policies

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

Finance and business strategy

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.

Sickness and sick pay

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

Marketing and selling

Marketing matters. Marketing drives sales for businesses of all sizes by ensuring that customers think of their brand when they want to buy.

Maternity, paternity and adoption

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

Contracts, disputes

Commercial disputes can prove time-consuming, stressful and expensive, but having robust legal agreements can help to prevent them from occurring.

Discrimination

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

Commercial premises law

Whether your business owns or rents premises, your legal liabilities can be substantial. Commercial property law is complex, but you can avoid common pitfalls.

Managing home workers, remote workers, lone workers

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

Health and safety

With information and sound advice, living up to your legal responsibilities to safeguard your employees, customers and visitors need not be difficult or costly.

Information and consultation

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

Data protection and IT

As information technology continues to evolve, legislation must also change. It affects everything from data protection and online selling to internet policies for employees.

Discipline and grievance

Disciplinary and grievance issues can be a major burden to employers. Putting in place and following the right procedures is essential.

Dismissals and redundancies

Following the right dismissal and redundancy procedures helps protect your business and minimise the risk of a legal dispute at tribunal.

Intellectual property

Intellectual property (IP) isn't solely relevant to larger businesses or those involved in developing innovative new products: all products have IP.

Employment tribunals

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

Exit strategies

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.

Personal law

From bereavement, wills, inheritance, separation and divorce to selling a house, personal injury and traffic offences, learn more about your personal legal rights.

Getting more from your board members - checklist

The members of your board are responsible for major decisions on how your business is run - and could be responsible for its failure if they don't carry out their responsibilities effectively. Directors can be held responsible for allowing the company to trade whilst insolvent, for wrongful trading and may face personal liability if the company fails to comply with key legislation.

Consider appointing several directors – even if you are only obliged to appoint one - who can bring a range of skills and personalities to bring different perspectives and expertise to board decisions.
Aim for a balance of executive and non-executive directors. Executive directors have day-to-day involvement in the business. Non-executive directors typically offer less frequent advice, but they will be impartial and unaffected by office politics.
Implement a robust induction process for new directors to bring them up to speed on the company background, its structure, finances and business strategy and its articles of association - the company's rules on how it should be run.
Appoint a chairperson who understands the business, commands respect from other members and listens to them.
Consider if your board members are doing a good job. If there is any friction between members, a reluctance to change things or a failure to act, it might be time to make a change. Weigh up if it's worth bringing in someone with new skills or experience.
Look at the issues facing your business – for example, if you're struggling financially find someone with a background in finance. If you don't know anybody suitable, you could advertise in relevant trade journals.
Make sure directors are briefed before board meetings and receive board papers in good time, so that they have a grasp of the issues before they are discussed. Board papers should include the agenda, minutes of the previous meeting and management accounts.
Ensure your board is aware of key objectives. It should agree on business strategies, monitor financial performance against the firm's budget, and ensure the company is compliant with legislation. If the board fails to meet these objectives, reconsider who sits on it and how it's run.
Make use of board members outside of the board meeting. They should be available to help with reports, business plans and management accounts, as they have an in-depth understanding of the company. Seek their advice on key decisions such as restructuring.
Hold regular meetings, but be prepared to call additional meetings in times of difficulty or growth. Legally, you must hold a board meeting if any director requests one.