Business Enterprise What types of legislation are there

Business Enterprise

What types of legislation are there? A wealth of legislation exists, it is important to know which ones will apply to you. l l l Health and Safety Consumer / Customers Employment Insurance Equality and Diversity Personal Information.

Health and Safety Your business has legal responsibilities to provide safe and healthy conditions for your employees, customers, suppliers. . In fact anyone who could be affected by your activities. In general, the law applies to all businesses no matter how small. As an employer, or a self employed person YOU are responsible for health and safety in your business. You need to take the right precautions to reduce the risk of workplace dangers and provide a safe working environment.

Health and Safety Main legislation is the Health and Safety at Work Act 1974 The law covers aspects that include: l l l Computer monitors Heating, Lighting First Aid, Risk Assessments Special regulations exist for certain types of businesses that do one or more of the following: l l l Work in a factory or shop Use heavy machinery Use hazardous substances A lot of lifting or carrying Work in a dusty or dangerous conditions

Consumer / Customers l Sale of Goods Act 1979 l Under the Sale of Goods Act 1979 traders must sell goods that are as described and of satisfactory quality. If consumers discover that products do not meet these requirements they can reject them and ask for their money back providing they do so quickly. Alternatively, they can request a repair or replacement or claim compensation. l

Consumer / Customers Trade Descriptions Act 1973 l This Act makes it an offence if a trader – a. Applies a false trade description to any goods; or b. Supplies or offers to supply any goods to which a false trade description is applied; or c. Makes certain kinds of false statement about the provision of any services, accommodation or facilities. l

Consumer / Customers l l Consumer Credit Act 1974 The Consumer Credit Act 1974 (as amended by the Consumer Credit Act 2006) regulates consumer credit and consumer hire agreements. Its protections apply to agreements between traders and individuals, sole traders, partnerships and unincorporated associations, but not agreements made between traders and corporate bodies such as limited companies.

Consumer Protection The Consumer Protection from Unfair Trading Regulations 2008 The Regulations introduce a general duty not to trade unfairly and seek to ensure that traders act honestly and fairly towards their customers. They apply primarily to business to consumer practices (but elements of business to business practices are also covered where they affect, or are likely to affect, consumers). Consumer Relates to organisations that sell goods or services Protection (Distance to consumers by: the internet, digital television, mail Selling) Regulations order, including catalogue shopping, phone and fax.

Employment Over time a body of law has developed governing employee / employer relations and the rights of employees and employers in the workplace. Employment Relations Acts of 1999 and 2003 Provides a range of contractual rights for employees including: l Entitlement to an itemised pay statement. l Entitlement to the National Minimum Wage l Terms and conditions of work must be set out in writing. l Protection against unfair dismissal at work.

Other acts include: Equal Pay Act 1970 Sets out that women and men should receive the same pay for doing the same type of job or being ranked as the same value. Disability Discrimination Act 1995 Required to accommodate the needs of the disabled. It defines discrimination as when a disabled person is treated less favourably than they would treat others. National Minimum Wage Act 1998 Ensures that employees are paid a minimum wage dependant upon their age. Also applies to employees in apprenticeship programs. Working Time Directive 1999 Guarantees a maximum working week of 48 hours, with 4 weeks paid holiday. Employees can choose to opt out of the agreement and work longer hours.

Equality and Diversity At the moment, there are several different laws to protect people from discrimination on grounds of: l l l l l race sexual orientation (whether being lesbian, gay, bisexual or heterosexual) disability (or because of something connected with their disability) religion or belief being a transsexual person (transsexuality is where someone has changed, is changing or has proposed changing their sex – called ‘gender reassignment’ in law) having just had a baby or being pregnant being married or in a civil partnership (this applies only at work or if someone is being trained for work), and age (this applies only at work)

Equality and Diversity The Equality Act 2010 simplifies the current laws and puts them all together in one piece of legislation. Also, it makes the law stronger in some areas. Types of discrimination include: l Direct l Discrimination by association l Discrimination by perception l Indirect l Harassment by third party l Victimisation

Insurance Getting the right insurance is essential for any new business. Legally required to have some types of cover – such as motor insurance or public liability insurance Purpose of insurance is to reduce your business’ exposure to risk by paying premiums to an insurer that will provide a sum of money subject to policy criteria.

Types of Insurance How did you get on? l l l l Buildings Content Life Health Public Liability Product Liability Legal

Personal Information Data Protection Act 1998 The Act works in two ways. Firstly, it states that anyone who processes personal information must comply with eight principles, which make sure that personal information is: ·Fairly and lawfully processed ·Processed for limited purposes ·Adequate, relevant and not excessive ·Accurate and up to date ·Not kept for longer than is necessary ·Processed in line with your rights ·Secure ·Not transferred to other countries without adequate protection

DATA PROTECTION ACT 1998 The second area covered by the Act provides individuals with important rights, including the right to find out what personal information is held on computer and most paper records. Should an individual or organisation feel they're being denied access to personal information they're entitled to, or feel their information has not been handled according to the eight principles, they can contact the Information Commissioner's Office for help. Complaints are usually dealt with informally, but if this isn't possible, enforcement action can be taken.

National Minimum Wage Oct 2015 Which rates are correct ? ? Choose an option for each band e. g Band 21+ Option 3, 18 -20 yr old rate option 1 Band Option 1 Option 2 Option 3 21+ rate £ 6. 30 £ 6. 40 £ 6. 50 18 – 20 yr old rate £ 4. 93 £ 5. 13 £ 5. 33 16 – 17 yr old rate £ 3. 59 £ 3. 79 £ 3. 99 Apprenticeship rate £ 2. 73 £ 2. 83 £ 2. 93