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This page contains an archive of all entries posted to Hairdressers Journal Interactive - Business in the Legal category. They are listed from newest to oldest.

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National Minimum Wage - Questions Answered

Posted by

Posted by Matthew
Dated: March 9, 2010 1:16 PM


Dated: March 9, 2010 1:16 PM

The national minimum wage (NMW) has been in place now for a decade. There are still cases of employers ending up at Tribunal for failing to pay. However, there have been a trickle of key Employment Tribunal cases further emphasising that minimum means minimum, says legal expert, David Wright.

Here are some of your questions:

What is the NMW and when does it change?
The minimum wage is reviewed each year and changes on 1 October.
The current hourly rate is:
Adult rate  £5.80
18 to 21 years  £4.83
16 to 17 years  £3.57

I am planning my wage costs for 2010 - are there likely to be any changes in the NMW?
Since 1999, the rate of the minimum wage has risen faster than inflation. There is a suggestion that the adult minimum wage will be payable at 21, rather than 22, from October 2010.

Are apprentices exempt from the NMW?
Yes, but partially. The minimum wage is payable to apprentices at the age of 19. If you recruit an apprentice who is already 19 they are exempt from the minimum wage for the first 12 months. While apprentices are not entitled to the minimum wage there is a minimum apprentice rate of £95 per week. Once again there are rumours that there will be changes involving apprentices this year. I was contacted only last month by an apprentice aged 34 who had been paid the apprentice wage throughout the two years of her training.

One of my apprentices has just qualified, but is still very inexperienced. She has agreed to receive £1 an hour under the NMW if I keep her on. As it is her suggestion, is this okay?
No, legally it isn't. She is entitled to the minimum wage and cannot legally agree to receive less. At any time she could make a successful claim for the arrears and you would be liable and could be fined up to £ 5,000 if the practice was discovered.

I pay my staff £4 an hour plus commission, they always receive well over the NMW and if they didn't I would pay the amount. Is this compliant?
The position was clear that as long as staff reached the minimum wage the law had been complied with. However, in November 2009 a nursing home lost a case where the hourly rate was paid less than the minimum wage but the staff received 30% supplement for shift work. This meant the hourly rate was over the minimum wage. However, the employer lost the case as the minimum wage applies to the hourly rate and the supplement was for something different. The position of commission could be viewed similarly, as that is paid on client takings or retail sales.

I understand checks are carried out to find out if employers pay the NMW, but are there ever prosecutions?
The HM Revenue and Customs reported that more than £4.5m had been recovered on behalf of 23,000 workers. The fine for employers is a maximum of £5,000. The most recent case I became aware of involved a butcher. He pleaded guilty to not paying the minimum wage and making false records. He was fined £700 and had to pay £9,000 in arrears to two staff.
In another case a hairdresser resigned from her post as she wasn't receiving the minimum wage. She took her case to Employment Tribunal claiming constructive dismissal and won her claim and pay arrears.

What deductions can I make from my staff who are on the NMW?
All of the following are permitted
Paying back advances of wages
Paying back overpayments
Any agreed deductions, such as pension contributions
Payments which are voluntary such as  products or hair treatments in the salon.

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This entry is in Legal
 


Data Protection - New Powers to Fine

Posted by

Posted by Matthew
Dated: March 9, 2010 1:00 PM


Dated: March 9, 2010 1:00 PM

Businesses that handle personal data have always had an obligation to take extra care to avoid breaking the law, warnd legal expert David Wright. However, this will become more acute as the Information Commissioner is soon to get new powers of enforcement in relation to serious breaches of the principles in the Data Protection Act 1998, including data security breaches.

New powers
According to the Information Commissioner's Office (ICO) a new power to issue fines against offenders will be introduced from April 2010. The Ministry of Justice (MoJ) is the government department responsible for the changes and it will determine the exact timescale.


From the commencement date, once confirmed, the ICO will be able to issue what are expected to be 'substantial' fines against data controllers (ie businesses and organisations using personal information from their employees, customers or other individuals on their own behalf) without prior warning, for deliberate or reckless breaches of the Data Protection Act (DPA).


The MoJ has proposed that the maximum civil monetary penalty which can be imposed for serious breach of the data protection principles is £500,000. Other details, such as whether the ICO will be allowed to fine individuals - directors, for example - as well as the organisations themselves are still to be confirmed.

 
Currently, the ICO can issue enforcement notices against organisations in breach of the DPA. A notice would require the data controller to take particular steps in respect of the breach, including entering into binding undertakings. Failure to comply with an enforcement notice is an offence. Failure to comply with binding undertakings would be a breach of contract which could lead to action being taken. In addition, it is a criminal offence under the DPA to knowingly or recklessly obtain, disclose or procure the disclosure of personal information, or to sell (or offer to sell) it. The maximum fine which can currently be imposed under proceedings in the magistrates court is £5,000.


So, with the new penalties coming into play soon, what are the basic rules that businesses have to follow?

Complying with the Data Protection Act
In essence, protecting personal information is not just sound commercial practice, it is a legal requirement. Any organisation responsible for the collection and use of personal information must comply with the DPA.

 
The law requires organisations to keep personal information secure against unauthorised or unlawful use and to manage personal information in a 'fair and lawful' manner. This means that you must hold personal information securely; ensure staff remain aware of the importance of keeping data secure and confidential; notify the ICO and the individual staff and customers, whose personal information is held, about how their personal details are collected and used; ensure personal information is only used for 'fair' purposes - for example, to fulfil a legitimate business need or a statutory duty, or where the individual has given their express consent; keep records up-to-date and cleansed from systems when no longer required; allow an individual's right to obtain a copy of their records on demand; and take extra care when transferring data to third parties outside the UK.

Monitoring
Data protection goes beyond computer or paper-based information as many would expect. It also goes into the realm of monitoring those in your business or on your premises. There are many types of monitoring, for example installing a hidden camera to catch a thief, CCTV cameras to see if staff are meeting health and safety requirements, or regular checking of websites visited by employees.


If you do monitor staff, customers or visitors you ought to consider, before introducing monitoring, why it is needed, its impact on those being watched, and whether there is any alternative. If you want or need to go down that route you should only monitor as far as is necessary. You must tell your employees what monitoring you are carrying out and why, unless you can justify covert monitoring. Also, avoid monitoring in areas where employees would expect privacy, such as toilets, unless you suspect serious crime.
If you monitor phones, email or internet access make sure you also have a clear policy specifying permitted and prohibited use of your systems. Remember the appropriate signage if you do use CCTV and you will need employee consent to any monitoring, ideally through their contracts.

Ensuring compliance
Establishing a clear policy will help ensure compliance with the rules and limit the risk of problems occurring. As a minimum requirement you need to make sure you have the following in place:

 Staff need a clear understanding of the personal information collected and used within the organisation.
 The use of personal information must remain consistent with the expectation of the individuals concerned.
 You need to make sure that records are regularly updated and, when obsolete, deleted.
 You must design your policies, procedures and IT systems to maintain the integrity of data, prevent unauthorised access and effectively identify and manage breaches.
 You also need to regularly conduct data protection compliance audits.
 It's important that a senior officer of the company has overall responsibility for management of data protection and security compliance.
 Finally, specific approval from those whose data is held should be required before personal information can be passed outside the business, overseas or used for any new purposes.

What to do if things go wrong
If a serious information security breach occurs, avoid the temptation to keep quiet and hope the problem passes by unnoticed. Take immediate steps to protect the individuals concerned. You must notify the ICO and tell those individuals affected what has happened, explaining any risks they may be exposed to and steps they can take to preserve their privacy. You also need to start an investigation to understand the cause of the problem and implement appropriate remedial action to prevent any recurrence.

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This entry is in Legal
 



Small Businesses and the Pre-Budget Report

Posted by Matthew
Dated: January 15, 2010 10:41 AM

Pre-Budget rexfeatures_1057739c.jpgThe Pre-Budget Report delivered by Chancellor Alistair Darling included a number of initiatives designed, according to the Chancellor, to help businesses through the recession. Some of these could have implications for the salon sector:

Continue reading "Small Businesses and the Pre-Budget Report" »

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This entry is in Business News , Legal
 


Insurance: The Right Cover for your Salon

Posted by Kate
Dated: January 7, 2010 5:44 PM

Insurance. It may not be the most exciting topics, but it has the potential to make or break your salon so it's worth giving it some consideration.

Many people don't put a lot of thought into whether their policy covers them for any eventuality that might arise or don't update them on any changes that they make to their career or the salon.

And when something goes wrong that can leave them uninsured and with a hefty bill to pay. Here Gary Crowder, director of ACM Broking, which offers a bespoke insurance package for hairdressing salons, Just Hair, gives his advice for some things that could mean your insurance is invalid.

Continue reading "Insurance: The Right Cover for your Salon" »

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This entry is in Expert Advice , Legal , Salon Management
 


How to Tailor Employment Contracts for your Salon

Posted by Kate
Dated: January 7, 2010 4:53 PM

David-Wright.jpgA standard contract of employment cannot cover every possible employment issue that a salon owner is likely to face. This is why salons have separate policies and a salon rules list.

David Wright who advices habia and a number of UK salons tackles a range of questions from salon owners regarding such tricky issues.

Continue reading "How to Tailor Employment Contracts for your Salon" »

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This entry is in Legal
 


The Importance of Health and Safety In the Salon

Posted by Kate
Dated: July 20, 2009 3:31 PM

The introduction of the new Corporate Manslaughter Act 2008 and the relatively unnoticed Health and Safety (Offences) Act 2008, have increased the significance of health and safety in the UK.

Despite this, there remain a number of myths surrounding the subject. We asked Stuart Ponting, a specialist health and safety solicitor with international law firm DLA Piper LLP, to unveil some of these myths about the topic.

Continue reading "The Importance of Health and Safety In the Salon " »

 
This entry is in Health & Safety , Legal
 


Five Things You Didn't Know Your Salon Needed

Posted by Matthew
Dated: June 26, 2009 12:02 PM

As a salon owner or manager you have numerous responsibilities, and with so much red tape and extra demands on you, it can be easy to let certain obligations slip through the net.

Here are five must-haves that sometimes get missed.

 

 

 

Continue reading "Five Things You Didn't Know Your Salon Needed" »

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This entry is in Expert Advice , Legal
 


Legal Quandaries Facing Salon Owners

Posted by Kate
Dated: June 1, 2009 3:59 PM

David-Wright.jpgDavid Wright, who advises Habia and a variety of salons in the UK, answers some of the employment queries that salon owners and managers have experienced in recent weeks.

Continue reading "Legal Quandaries Facing Salon Owners" »

 
This entry is in Legal
 


Understanding the New Disciplinary Code

Posted by Kate
Dated: May 14, 2009 10:09 AM

David-Wright.jpgAs you will probably be aware, following an outcry from employers, the section of the Employment Act 2002 relating to the disciplinary/grievance procedure has been dropped and a new ACAS Code of Practice for handling disciplinary and grievance issues came into force on 1 April 2009.

This will be welcomed by salon owners as the new code is much more straightforward. However, it should not be forgotten that tribunals can increase the award to an employee by 25% where the employer has failed to adequately follow the Code of Practice.

David Wright, who advises habia and salons in the UK, answers your questions regarding the new ACAS Code.

Continue reading "Understanding the New Disciplinary Code" »

 
This entry is in Legal
 


The Hidden Budget - An Expert View

Posted by Matthew
Dated: May 5, 2009 12:27 PM

Chartered accountant, Paula Tallon, a partner of BDO Stoy Hayward LLP, gives the Budget an expert perusal and unearths some hidden gremlins

In his 2009 Budget Report the Chancellor decided to address the huge fiscal deficit with a combination of short-term borrowing, tax increases and more public sector cost-cutting. He intends to provide further help for businesses - partly paid for by the tax increases - but this additional help is rather limited and disappointing.

 

 

Continue reading "The Hidden Budget - An Expert View" »

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This entry is in Legal
 


Common Questions About Maternity Leave

Posted by Matthew
Dated: April 7, 2009 2:36 PM

David-Wright.jpgA pregnancy is usually great news for the mother-to-be, not always so welcomed by a employer - especially in these difficult financial times. 

And with proposals to extend maternity leave even longer, the issue has once again come to the forefront of the minds of employers as well as would-be mums.

David Wright, who advises Habia and a variety of salons in the UK, answers some common queries relating to maternity leave

 

Continue reading "Common Questions About Maternity Leave" »

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This entry is in Expert Advice , Legal
 


Redundancy and the Law

Posted by Kate
Dated: March 16, 2009 3:52 PM

In the current challenging financial climate, you may find yourself in the unfortunate situation of having to make redundancies.

Before you do so, there are procedures which must be followed; make a mistake and you risk substantial financial penalties.

Alan Massenhove,  a solictor with 16 years experience practicing corporate; commercial and employment law, gives his advice ensuring you follow a legal redundancy procedure.

Continue reading "Redundancy and the Law" »

 
This entry is in Legal , Salon Management
 


Legal Debates Surrounding Chair Rental

Posted by Kate
Dated: March 13, 2009 12:55 PM

David-Wright.jpgChair rental remains a popular option for stylists and salon owners alike, but it can have a variety of legal complications.

David Wright, who advises habia and salons across the UK, answers some common questions arising from renting a chair.

Continue reading "Legal Debates Surrounding Chair Rental" »

 
This entry is in Legal
 


Everyday Legal Issues Affecting Salon Staff

Posted by Kate
Dated: December 22, 2008 3:15 PM

David-Wright.jpgManaging a team can be one of the most challenging and time consuming aspects of your role as a salon owner or manager.

We asked David Wright, who advises Habia and a range of salons on legal issues, to answer some of the everyday queries that can arise in any salon. 

Continue reading "Everyday Legal Issues Affecting Salon Staff" »

 
This entry is in Legal
 


Legal Considerations when Employing Salon Staff

Posted by Kate
Dated: October 9, 2008 9:35 AM

Employing members of your salon team can prove to be an unnecessary headache if you don't follow the right channels.

There are several potential claims that might arise during the recruitment process including discrimination in the arrangements for an interview and by failure to offer employment. There is also the possibility of harassment claims.

Employers need to be particularly wary as there is a potential for liability through the acts of staff members involved in the recruitment process. For this reason each step of the process must be in line with the employer's recruitment and equal opportunities policies.

Graeme Perrey, trainee solicitor with City Law firm Sykes Anderson Solicitors LLP explains how you can ensure fairness and reduce the chances of claims against you. 

Continue reading "Legal Considerations when Employing Salon Staff" »

 
This entry is in Legal
 


Staff Issues with Running your First Salon

Posted by Kate
Dated: October 7, 2008 2:46 PM

David-Wright.jpgEven in the difficult current economic climate; salons continue to open across the country. But what issues do the owners face and what legal issues should you consider if you are considering opening your first salon business?

David Wright, who advise Habia and a range of salons, gives his advice on some of the pitfulls to look out for.

Continue reading "Staff Issues with Running your First Salon" »

 
This entry is in Legal
 


Hairdresser Chair Rental and the Law

Posted by Kate
Dated: September 2, 2008 5:09 PM

Renting a chair in a salon, or even renting a room, is commonplace within the hair industry.

A survey in 2004 suggested there were more than 100,000 self-employed hairdressers in the UK. Some hair salons rent a single chair, often to extend the range of services they are able to provide, whereas some salons have 100% of the premises occupied on a self-employed basis.

Like all forms of employment there are positives and negatives to renting a chair; David Wright, who advises Habia and a range of salons on their legal business, answers some of the key questions.

Continue reading "Hairdresser Chair Rental and the Law" »

 
This entry is in Legal
 


Following the Right Disciplinary Procedures in the Hair Salon

Posted by Kate
Dated: August 24, 2008 4:53 PM

While salon owners spend many hours developing their staff, inevitably there are occasional discilipinary problems and staff have to be disciplined for their behaviour.

Normally, issues such as timekeeping or absenteeism involve only the issue of a written warning, but sometimes the performance issue is so bad or the misconduct so great - for example, theft - the salon considers it to be gross misconduct and dismissal is the outcome.

In the press you rarely hear of the cases where the salon owner/manager has got it right and wins the tribunal case. However, many cases are lost not because of the legitimacy of the decision to dismiss, but because of the process the employer has followed, or not followed.

David Wright, legal advisor for habia and a variety of salons, gives his advice on the disciplinary procedures you should be following to stay on the right side of any legal action.

Continue reading "Following the Right Disciplinary Procedures in the Hair Salon" »

 
This entry is in Legal
 


Salon Life and Discrimination Laws

Posted by Kate
Dated: August 13, 2008 3:05 PM

The government estimates there are 10 million disabled people in the UK, with an annual combined spending power of £80billion.

The Disability Discrimination Act (DDA), which came into effect in 1995, is intended to reduce the amount the discrimination faced by many disabled people.

Part three of the act requires service providers to ensure they are providing accessible goods, facilities and services (GF&S) to their customers and all businesses are required to make 'reasonable adjustments' to their GF&S for their customers.

Obviously, what is reasonable for a large chain store is very different to that of a small hair salon, so cost effectiveness does have to be considered.

The good news is that many disability access issues can be addressed with minimum fuss. Here are managing director of ColourNation, Seema Flower's top tips for ensuring your salon meets the Disability Discrimination Act. 

Continue reading "Salon Life and Discrimination Laws" »

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This entry is in Legal
 


How to Run a Hair Salon Business

Posted by Kate
Dated: August 13, 2008 1:39 PM

Whether you've been working as a freelancer or mobile hairdresser; renting a chair or working in an independent salon or as part of a franchise; there may come a time when you decide you want to run your own salon.

Being the boss enables you to offer the products and services that are important to you and that you think there is a market for. You can have your choice of name and location and you can reap the rewards from a successful salon.

But being the salon owner also carries all the risk. It is your finances and your reputation at stake and there is far more to the day-to-day running of a hair salon than offering great hair cuts.

However if you do decide that the time is right and you are ready to run your own hair salon then it's time to get your business brain on and start to put the process in motion.

Continue reading "How to Run a Hair Salon Business" »

 
This entry is in Legal , Salon Management
 


The Law and Redundancy in the Salon

Posted by Kate
Dated: July 23, 2008 2:11 PM

When times are hard redundancy can become a reality for many salons.

There is no legal requirement for salons to have a redundancy policy, but having one will give you a structured approach to managing the process, and ensure you select staff fairly and avoid claims of unfair dismissal.

If you find yourself having to cut your head count, you should obtain professional advice before you begin as employment law can be complex.

However, here are David Wright, legal advisor for habia and a variety of salons, responses to some of the most common questions on the subject.

Continue reading "The Law and Redundancy in the Salon" »

 
This entry is in Legal
 


Tax Penalties and Your Business

Posted by Kate
Dated: July 8, 2008 11:43 AM

If you submit an incorrect tax return to HM Revenue and Customs (HMRC) and as a result your tax liability is understated, you may be charged a penalty and interest, as well as the additional tax that becomes payable when the error is corrected.

Nothing new there, but what is new is that the penalty system has been entirely revamped, and a new unified regime will apply to incorrect tax returns or other documents submitted by individuals and businesses in relation to income tax, capital gains tax, corporation tax, PAYE, National Insurance contributions and VAT

Paul Howard, associate director of Chiltern Tax Support for Professionals, looks at what these new penalties could mean to you and your business.

Continue reading "Tax Penalties and Your Business" »

 
This entry is in Legal
 


Essential Information for Prospective Franchisees

Posted by Kate
Dated: June 17, 2008 10:02 AM

mark-oshea.jpg
There's a lot to consider when looking for a franchise, and with more salon groups taking the franchise path, it's important to seek the right advice in the early stages.

Mark O'Shea, the commerce & technology partner at law firm Rawlison Butler, heads the company's franchising team.

With a client list that includes salon group lookfantastic and Rush, we thought he was the perfect person to turn to for advice on franchising.

Continue reading "Essential Information for Prospective Franchisees" »

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This entry is in Legal
 


Salon Guidelines for Maternity Leave

Posted by Kate
Dated: June 12, 2008 3:29 PM

David-Wright.jpg
The workforce in the hairdressing industry is dominated by females, therefore issues relating to maternity provisions are often topical in salons.

The regulations are constantly changing and there have been many employment tribunal cases. An understanding of the maternity regulations and employee rights is essential.

David Wright, who advises Habia and a variety of salons on legal and personnel matters,  gives his advice on the issues most salon staff want to know about maternity leave.

Continue reading "Salon Guidelines for Maternity Leave" »

 
This entry is in Legal
 


Salon Staff's Holiday Entitlement

Posted by Kate
Dated: May 28, 2008 2:48 PM

David-Wright.jpg
The legal requirement for staff to receive paid annual leave was only introduced in 1998. The minimum paid leave rose from 20 days to 24 days on 1 October 2007 and increases again on 1 April 2009 to 28 days.

This represents a 40% increase in under two years and a significant increase in salon running costs. It is worth remembering that initially paid leave was introduced under the European Working Time Directive to ensure staff took rest away from the workplace for health and safety reasons.

David Wright, who advises Habia and a and a range of salons on issues from contracts to sets of policies and salon handbooks, looks at some of the key  questions surrounding this subject.

Continue reading "Salon Staff's Holiday Entitlement" »

 
This entry is in Legal
 


Employers Duties and Staff Rights in a Salon Takeover

Posted by Kate
Dated: May 8, 2008 11:07 AM

David-Wright.jpgWhen buying their first salon, many owners purchase an existing business with an established turnover. Not surprisingly, the focus is often on their vision of the interior design, name and prospects for expansion. A similar situation occurs when existing salon owners buy a second salon.

The current staff, their terms and conditions and other rights are often forgotten. While business transfers are very complex and it is always advisable to obtain professional advice.

However, here is David Wright, who advises habia and a range of salons, answers to some frequently-asked questions about existing staff's rights.

Continue reading "Employers Duties and Staff Rights in a Salon Takeover" »

 
This entry is in Legal
 


Absenteeism in the Salon

Posted by Kate
Dated: April 28, 2008 2:17 PM

David-Wright.jpgAs a salon owner you have to accept that staff will be unwell and will need to take time off sick. However, you will also all be aware of the nightmare when a stylist, with a full column, rings up 30 minutes before her first client saying that she’s not coming in as she has a ‘cold’.

The absence is costly in terms of lost income, the time spent contacting clients and the risk that they could go elsewhere, but where do you stand an employer?

David Wright, who advises Habia and a range of salons on their legal issues, looks at issues relating to short term absenteeism.

Continue reading "Absenteeism in the Salon" »

 
This entry is in Legal
 


Contracts of Employment for Salon Staff

Posted by Kate
Dated: April 9, 2008 2:02 PM

David-Wright.jpg
David Wright has 25 years' experience in human resources and is the employment law and practice advisor for Habia.

He travels the country advising salons and provides employers with essential documents like contracts of employment and disciplinary and grievance procedures.

Here is his advice for dealing with contracts of employment.

Continue reading "Contracts of Employment for Salon Staff" »

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This entry is in Legal
 


Employees Rights to Emergency Leave

Posted by Kate
Dated: March 26, 2008 1:01 PM

As an employer, you have a legal obligation to give your staff time off to deal with emergencies affecting their dependants. Stephan Weber, a trainee solicitor at Sykes Anderson LLP, explains who is entitled to time off and under which circumstances you should give it to them.

What is time off for dependants?
Employees have a right to take a reasonable amount of time off work to deal with certain unexpected or sudden emergencies affecting their family and to make necessary longer-term arrangements.

Who qualifies for the right?
The right is available to all employees, whether they work full-time or part-time, and there is no qualifying period – an employee is entitled to the right from the first day of employment.

Who counts as a dependant?
A dependant is defined as the husband, wife, civil partner, child or parent (but not grandparent) of the employee. An elderly relative who lives in the same household as the employee also counts. However, tenants or lodgers living in the family home are not included. Others who rely solely on the employee for help in an emergency may also qualify.

In what situations can an employee take time off?
The right enables employees to take time off in the following situations:

  • If a dependant falls ill or has been injured or assaulted

  • When a dependant is giving birth

  • To make longer-term care arrangements for a dependant who is ill or injured

  • To deal with the death of a dependant, including making funeral arrangements and attending the funeral, applying for probate and meeting with probate officers

  • To deal with an unexpected disruption or breakdown of care arrangements for a dependant

  • To deal with an unexpected incident involving the employee’s child during school hours.

Under the statutory right, an employee is only entitled to take time off for dependants in the situations listed above.

Other emergencies, such as a breakdown of the central heating or a burst water pipe, remain a matter to be determined solely between the employee and their employer.

Can both parents take time off work if their child falls ill?
There may be times when it is necessary that both parents take time off, for example if their child has had a serious accident. However, much will depend on the circumstances of the particular case and government guidance suggests that both employer and employee should adopt a common sense approach in these situations.

How much time off can an employee take?
The employee is entitled to take a reasonable amount of time off. What is reasonable will depend on the circumstances of each case. The nature of the incident, the closeness of the relationship between the employee and the dependant and the extent to which another person is available to assist are all relevant factors.

In most situations, one or two days should be sufficient. If a child falls ill, this will give the employee enough time to see a doctor and make other arrangements for the child, if necessary. The employee is not entitled to take two weeks’ leave to look after the sick child.

What if the employee knows in advance that a problem is going to arise?
As the right only covers emergencies, it will generally not apply if the employee knows in advance that something is going to happen. If an employee knows beforehand that they are going to need time off, they may be able to arrange this with their employer by taking another form of leave.

How often can the employee rely on the right to time off?
The right is intended to cover all genuine emergencies and there is accordingly no limit on the number of times an employee can be absent from work if an emergency occurs.

Does an employer need to keep records of time off, taken under this right?
Employers are not required to keep records of time off taken but it is recommended that they do.

Is the time off paid?
The legal obligation for an employer is only to provide unpaid leave but an employer may, of course, choose to enhance the right by paying employees for some or all of their absence. The employment contract of the relevant employee should be consulted
for any provisions that deal with these
situations.

What remedies are available to employees for breach?
While any disputes should ideally be resolved internally, an employee who is wrongly refused permission to take time off or who is subjected to a penalty or detriment for taking it (or seeking to take it) may apply to an employment tribunal for compensation.

An employee who is dismissed for taking (or seeking to take) time off, may bring a claim for unfair dismissal, whether or not they have completed one year’s service.

Any claim must be brought within three months of the date on which the refusal, detriment or dismissal occurred.

Where a claim relates to a detriment or constructive dismissal, an employee is required to first raise their complaint as a grievance, in accordance with the statutory grievance procedure, before lodging their employment tribunal claim. However, rather curiously the statutory grievance procedure does not apply to claims for refusal of time off.

What obligation does the employee have to give notice?
It is not necessary to give notice in writing but employees must tell their employer, as soon as reasonably practical, the reason for their absence and how long they expect to be away from work.

The employee must also give sufficient information to enable their employer to determine that their time off meets the statutory right.

The legislation does not require the employee to produce any evidence of their need to take time off but there is also nothing preventing the employer to request appropriate evidence.

What practical steps can an employer take to prevent abuse of the right?
To prevent abuse an employer should put in place a clearly worded policy:

  • Setting out the circumstances in which an employee may take time off and any (reasonable) evidence which the employer may require

  • Setting out the notification procedure that the employee is required to follow

  • Stipulating the penalties for abusing the right and for failing to follow the notification procedure

  • Explicitly stating that abuse or breach of the policy will result in disciplinary proceedings being instigated.

The policy should be publicised and the employer must ensure that the policy is enforced consistently throughout the workforce.

Both employers and employees should be aware of the existence but also of the limitations of the right to time off work. In genuine emergencies, employees will not depend on their employer’s approval to take time off.

On the other hand, in order to prevent abuse of the right, employers should clearly set out the circumstances in which an employee will be entitled to the right and the notification procedure that needs to be followed.

 
This entry is in Legal
 


The Law and Overseas Stylists

Posted by Kate
Dated: March 26, 2008 12:34 PM

Do you employ stylists from overseas in your salon? If so, did you know that you could face a fine of up to £10,000 if you negligently hire illegal workers? Salons that knowingly hire illegal workers risk an unlimited fine and/or a prison sentence of up to two years.

Who can work in the UK?

There are a lot of misconceptions over who is entitled to work in the UK.

Those allowed are nationals of a pre-1994 member state of the European Union:

  • Austria

  • Belgium

  • Cyprus

  • Denmark

  • Finland

  • France

  • Germany

  • Greece

  • Ireland

  • Italy

  • Luxembourg

  • Malta

  • Netherlands

  • Portugal

  • Spain

  • Sweden

  • UK

Members of the European Economic Area (EEA):

  • All of the above, plus

  • Norway

  • Iceland

  • Liechtenstein
  • Swiss nationals are generally free to take employment in the UK.

    Nationals of the eight countries that joined the EU in May 2004 (Czech Republic, Estonia, Hungary, Latvia, Lithuania, Poland, Slovakia and Slovenia – known as A8 countries) are required to register with the Home Office when they take work in the UK.

    Once an employee has been working in the UK legally for 12 months without a break in employment, the requirement to register no longer applies and they can obtain a residence permit confirming their right to live and work in the UK.

    Nationals of Romania and Bulgaria (known as A2 countries), which joined the EU on 1 January 2007, must not start working in the UK before they get authorisation from the Home Office.

    To obtain authorisation, the employer has to make an application for a work permit for the prospective employee and, once approved, the employee will need to apply for an accession worker card.

    Continue reading "The Law and Overseas Stylists" »

     
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    New Maternity Laws Explained

    Posted by Kate
    Dated: February 26, 2008 9:00 AM

    In December 2004, the government published its report: "Choice for parents, the best start for children: a 10-year strategy for childcare".

    The report aimed to deliver a better work/life balance, which had been a key pledge in New Labour's manifesto. This commitment was enshrined in the 2005 Queen’s speech, in which the Labour government promised legislation that would, "offer greater support for working families by extending maternity benefits and improving the provisions of childcare".

    Fulfilling promises – The Work and Families Act 2006

    The government's desire to provide a better work/life balance manifested itself in the Work and Families Act 2006, which provided the government with the green light to introduce, among others, the following two pieces of legislation:

    • The Maternity and Parental Leave and the Paternity and Adoption Leave Regulations 2006 (MPL); and
    • The Statutory Maternity Pay, Social Security (Maternity Allowance) and Social Security (Overlapping Benefit) (Amendment) Regulations 2006.

    Continue reading "New Maternity Laws Explained" »

     
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    Holiday Entitlement Made Simple

    Posted by Kate
    Dated: February 4, 2008 12:53 PM

    Confused by the new rules regarding holiday entitlement and what it means to your salon? We’ve simplified them to help you to implement the changes for your staff:

    • October 1 2007 – minimum amount of holiday increased to 24 days a year (from 20)
    • April 1 2008 - holiday entitlement will increase to 28 days a year.

    Continue reading "Holiday Entitlement Made Simple" »

     
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    Staying On Top Of The Key Tax Deadlines

    Posted by Kate
    Dated: January 9, 2008 3:39 PM

    Keeping on top of deadlines is always a struggle, and when it comes to tax there are financial penalties for non-compliance.

    Missing a deadline not only means penalties and interest, but it gives HM Revenue & Customs (HMRC) an excuse to trawl through your affairs. Here are the key dates for your diary.

    Individuals | VAT | Employers | Companies

    Individuals

    January

    31st - Deadline for tax returns for the tax year ended on the preceding 5 April. There is a £100 penalty if the return is not filed by this date - in the case of partnership returns, each partner is charged £100

    Payment must be made from any balancing payment from the previous tax year covering the balance of:

    • Income tax

    • Class 4 National Insurance Contributions (NIC)

    • Capital gains tax

    It is the first income tax and Class 4 NIC payment on account for the current tax year. If any of this tax is paid late, the Revenue will charge interest on the unpaid amount.

    Provided the return for the previous tax year was filed by 31 January, HMRC needs to notify its intention to enquire into the return by the following 31 January, unless it subsequently makes a discovery assessment.

    This is also the deadline by which you need to make any amendments to the last return submitted.

    February

    28th - If there is any outstanding unpaid balance for the previous tax year, HMRC will issue a 5% surcharge on the unpaid amount. Interest will continue to accrue.

    April

    6th - The new tax year starts

    July

    31st - The second payment on account of the income tax and Class 4 NIC liability for the tax year just ended is due. Interest will run on any unpaid amounts as on this date.

    If any of the balancing tax payment that was due on 31 January remains unpaid a a second 5% surcharge will be imposed by HMRC and interest will continue to accrue.

    If the return that was due to be submitted on 31 January is not submitted by 31 July, a second fixed penalty of £100 is imposed (£100 per partner for late partnership returns).

    September

    30th - If you would like the HMRC to calculate your tax liability for the previous tax year, you will need to have submitted your tax return.

    October

    5th - Date to notify HMRC of your liability to pay tax if you have not been issued a tax return for the previous tax year. The maximum penalty for missing this deadline is the balance of the tax that is outstanding as at the coming 31 January.

    December

    29th - You must submit your return electronically via the electronic lodgement service by this date if you have a balancing payment of less than £2,000 and wish to have your tax collected through next year’s PAYE tax code.

    30th - As above, if you are filing your form via the Internet.

    VAT

    A business needs to register within 30 days for VAT if its taxable supplies at the end of the month in the year then ending exceed the threshold, or at any time if it is expected that taxable supplies will exceed the threshold in the next 30 days.

    The penalty for late registration is a percentage of the VAT due (or £50 if greater). The rate of the penalty is:

    • 5% where registration is up to nine months late
    • 10% if nine to 18 months late
    • 15% if over 18 months late.

    VAT returns need to be submitted to HMRC by the end of the month following the quarterly return period. Any VAT due must also be paid by this date (a seven-day extension for return submission and payment is given for businesses that pay electronically).

    A default penalty surcharge system applies if the VAT return is filed late or VAT is not paid on time. Where all VAT is paid on time, but the return is submitted late, there is no surcharge, but HMRC will record the default.

    The penalty is the greater of £30 or the following percentages of outstanding VAT:

    1st default in surcharge period 2%;
    2nd default in surcharge period 5%;
    3rd default in surcharge period 10%;
    4th default in surcharge period 15%;
    5th default in surcharge period 15%;
    and further defaults 15%

    Employers

    There are a number of compliance deadlines that are relevant to employers:

    April

    All PAYE income tax and NIC for the tax year ended on the preceding 5 April need to be paid by 19 April otherwise interest will begin to accrue on the unpaid tax.

    Large employers (those with 250 or more employees) need to make monthly electronic payments by 19th of the month in which each period ends.

    A system of automatic surcharges applies if payments are persistently not made in full by the due dates.

    Employers whose average PAYE and NIC liability is less than £1,500 can opt to pay quarterly instead. Payments need to be made by 19th of the month in which the relevant period ends (22nd of the month for quarterly payments made electronically).
    The quarterly payments are due in July, October, January and April.

    May

    Employers need to submit forms P14, P35, P38 and P38A return for the year ended 5 April, by the following 19 May. Failure to do so will result in penalties as follows:

    (a) a penalty equal to the monthly amount for each (part) month the delay continues, up to 12 months, and
    (b) a penalty of up to the amount of PAYE or NIC payable which was unpaid as at 19 April following the tax year.

    The monthly amount is £100 for every 50 employees (apportioned for any part).
    Employers need to issue forms P60 to all their employees by 31 May.

    July

    Employers need to submit forms P11D, P11D(b) and P9D for the year ended 5 April to HMRC by 6 July. Copies of the forms P11D and P9D need to be issued to their employees.

    A penalty of £300 per form is imposed if these are filed late, with a further charge of up to £60 per form per day for any continued delay.

    The 6 July is also the deadline by which relevant third parties need to give information on benefits and/or expenses that they have provided to employees.

    Employers also need to inform HMRC of any termination payments made in excess of £30,000 and provide details of all share schemes by this date.

    PAYE settlement agreements (PSAs) must be finalised by 6 July following the tax year.

    The deadline by which employers need to pay all Class 1A NICs in respect of benefits in kind provided to their employees is 19 July following the tax year.

    October

    Any income tax and Class 1B NICs payable in respect of a PAYE settlement agreement is due by 19 October following the tax year to which the PSA relates.

    Employers must inform HMRC of any changes in the car and fuel benefits received by their employees by submitting a form P46(car) by 2nd of the month following the quarter periods ending on@ 5 November, 5 February, 5 May and 5 August.

    Companies

    Just like individuals, companies have to comply with a number of self-assessment deadlines. However, these deadlines depend on when the company’s financial year-end is. The main ones are as follows:

    The due date for small companies to pay corporation tax is nine months and one day following the end of the company’s financial year. Small companies are those with profits below £1.5 million (lower if associated companies need to be taken into account).

    Large companies are required to make equal quarterly payments of corporation tax on the 14th day of the 7, 10, 13 and 16 month following the start of their financial year, based on an estimated corporation tax liability equal to that for the previous financial year.

    Companies need to submit corporation tax self-assessment return forms CT600 within 12 months following the end of the financial year.

    • Late returns incur a penalty of £100 if they are submitted within three months of the filing deadline

    • A further £100 penalty is incurred if the return is submitted later (penalties are raised to £500 and then £1,000 for a third consecutive offence)

    • Tax geared penalties are imposed if the return is not submitted within 18 months from the end of the return period.

    If a company is chargeable to tax and no return has been issued, it needs to notify HMRC within 12 months of the end of the financial year. Otherwise, a penalty equal to 100% of any tax unpaid 12 months after the end of the financial year will be incurred.

    HMRC can enquire into a return within 12 months of the filing date and the company can amend its return within the same period.

    Companies’ CT61 quarter periods end on 31 December, 31 March, 30 June and 30 September for which any income tax due is payable by the 14th of the month following the end of the period.

    The corporation tax financial year ends on 31 March.

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    The Salon Owners' Guide to Business Red Tape

    Posted by Kate
    Dated: December 4, 2007 11:34 AM

    Ask any salon owner what they find hardest about their job and the answer is invariably ‘red tape’, or legislation.

    No respectable businessperson wants to disrespect the law, but with new legislation relating to employment, taxation and the environment continually entering the equation, keeping up can be a headache.

    Here’s an update on some of this year’s legislative changes.

    Continue reading "The Salon Owners' Guide to Business Red Tape" »

     
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    Legal Advice on Branding Your Salon

    Posted by Kate
    Dated: November 12, 2007 4:53 PM

    James Knight, solicitor and managing partner of London-based law firm Lawyers Direct, sets the record straight on all the legalities surrounding rebranding.

    So if you are about to create a brand for your salon or are considering rebranding be sure to read his business advice first.

    Continue reading "Legal Advice on Branding Your Salon" »

     
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    Generating Publicity Through Competitions

    Posted by Kate
    Dated: October 11, 2007 3:57 PM

    Competitions can be a great form of below-the-line advertising. But if they are not run properly, or in accordance with the law, then they can badly backfire causing reputational damage and regulatory action as well as financial loss.

    Nigel Miller, a Commerce and Technology partner at City law firm Fox Williams LLP explains the main things you should think about when running a competition.

    The first issue to consider is whether your competition is legal.

    With the exception of the National Lottery and certain other exceptions for non-commercial purposes lotteries are illegal. On the other hand, genuine prize competitions and free draws are lawful.

    The Gambling Act 2005 seeks to clarify the distinction and the newly formed Gambling Commission will monitor the boundary between lotteries and competitions and take action where a scheme is promoted which, in its view, amounts to an unlicensed and, therefore, illegal lottery.

    Continue reading "Generating Publicity Through Competitions" »

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    Dealing With Staff Sickness

    Posted by Kate
    Dated: October 9, 2007 12:21 PM

    Employers faced with staff on long-term sick leave, or staff who suffer frequent shorter periods of absence as a result of illness, are often in a difficult position.

    As the laws relating to sick leave and discrimination have become more comprehensive, understanding your rights as an employer has never been more important.

    Continue reading "Dealing With Staff Sickness" »

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    Choosing The Right Product Manufacturer

    Posted by Kate
    Dated: September 27, 2007 12:36 PM

    The hairdressing industry thrives on a superstructure of trade secrets and theories, methods and mentors.

    Therefore, choosing the right product manufacturer for your salon will have a daily impact on the business and lies at the core of a progressive modern approach to the craft.

    The industry is awash with big-hitting brands promoting their own tailor-made solutions and lending a sympathetic ear to salon owners navigating the sometimes rocky road to success.

    Each of the leading manufacturers has impeccable credentials and a heritage in this area and the competition for business is so fierce that the best companies offer everything you would expect and more:

    • supplying products
    • a personal approach
    • education
    • technical support
    • salon loyalty schemes
    • flexible payment terms.

    Continue reading "Choosing The Right Product Manufacturer" »

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    How To Find The Perfect Accountant For Your Salon

    Posted by Kate
    Dated: September 27, 2007 11:23 AM

    Some parts of your business are best left to the experts – and looking after your accounts is one of them.

    Your accountant is probably the most important business partner you’ll have – and if you find a good one, the relationship could last as long as you’re in business.

    A qualified accountant can help before you even start trading, deciding for example, whether it’s best to set up as a sole trader, a partnership or a limited company and the tax implications of this.

    An accountant will also know which records you have to keep and when your accounts need to be filed with the relevant authorities at the right time.

    A good accountant should also be able to offer you more practical business advice such as setting financial targets, cost cutting, improving your profitability as well as helping you decide when, and if, to expand.

    They should be in tune with your business ambitions and help you to manage growth successfully and minimise your business tax burden.

    Continue reading "How To Find The Perfect Accountant For Your Salon" »

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    Stress In The Salon

    Posted by Kate
    Dated: August 14, 2007 2:10 PM

    Work-related stress is said to account for more than a third of all new incidences of ill health, with each case accounting for nearly 31 lost working days.

    The Confederation of British Industry (CBI) puts the cost to the economy of mental health and stress problems at £5bn a year.

    The Health & Safety Executive (HSE) says one in five workers – five million people – feel extremely stressed at work.

    Continue reading "Stress In The Salon" »

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    The Rules Of Employment Law

    Posted by Kate
    Dated: August 13, 2007 2:51 PM

    There are two things that every employer needs to know about employment law:

    1. It is complicated
    2. There is a lot of it.

    Separated into a number of distinct but overlapping areas, employment law is an area in which businesses are most at risk of getting involved in litigation.

    Having the appropriate policies and contracts in place from the start can help to avoid future problems. Here are some useful pointers to help you reduce the risk of a claim.

    Continue reading "The Rules Of Employment Law" »

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    The Importance of Insurance

    Posted by Matthew
    Dated: June 28, 2007 4:00 PM

    It has never been more important for businesses to have the correct insurance. Premierline Direct’s Barrie Wells reports.

    Continue reading "The Importance of Insurance" »

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    Dress Codes at Work - The Legalities

    Posted by Matthew
    Dated: June 15, 2007 3:03 PM

    Recent legal cases regarding dress codes have highlighted the difficult question of how far employers can dictate their employees' appearance at work.

    We aim to answer address the issue by looking at the employment claims that might arise from dress codes, and suggesting practical tips on how they can be avoided.

    Continue reading "Dress Codes at Work - The Legalities" »

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    Organic Beauty Products

    Posted by Matthew
    Dated: May 25, 2007 2:10 PM

    Organic beauty products, unlike organic food and drink, are not heavily regulated, so a shampoo made with a small amount of an organic ingredient could legally label itself organic.

    Continue reading "Organic Beauty Products" »

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    Serving Food and Alcohol in your Salon

    Posted by Matthew
    Dated: May 25, 2007 1:43 PM

    If your salon doesn't have the right licences to serve food and drink, you could face a hefty fine.

    Continue reading "Serving Food and Alcohol in your Salon" »

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    In-salon Entertainment

    Posted by Matthew
    Dated: May 18, 2007 3:36 PM

    Music in your salon creates a good atmosphere, helps relax your customers, and can even motivate staff, but you need to make sure you get the right licences or you could be hit by a fine.

    Continue reading "In-salon Entertainment" »

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    Employers liability insurance

    Posted by Ruth
    Dated: April 30, 2007 12:27 PM

    Businesses of all sizes have become used to increasing insurance costs. For some, insurance has become so expensive that they have been driven out of business.

    There have been reports that firms, exasperated by rising costs, have been operating without either public liability insurance (optional) or employer's liability insurance (compulsory).

    The government has acknowledged the seriousness of the situation and has taken some steps to address business concerns.

    It has encouraged insurers to take clients' health and safety records into account when assessing the cost of cover. And, with effect from April 2005, small companies that have no employees apart from the owner/director do not have to carry employer's liability insurance.

    Continue reading "Employers liability insurance" »

     
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    Compassionate Leave

    Posted by Ruth
    Dated: April 30, 2007 12:18 PM

    It pays to be seen as a caring employer, and having a clear policy on granting compassionate leave for personal and family-related reasons is one way of demonstrating compassion for staff.

    There are multiple benefits of being seen as a family-friendly boss, according to government-funded advice agency Business Link, including:

    • Improved staff retention
    • Loyalty
    • Better staff morale
    • Less stress

    Any salon owner or manager should have a policy in place for granting time off for situations such as doctor's appointments, moving house or the death of someone close, says Business Link.

    Continue reading "Compassionate Leave" »

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    Legal Implications of Chair Rental

    Posted by Ruth
    Dated: April 30, 2007 12:05 PM

    Shop floor square-footage is more expensive than ever, so it's absolutely essential your salon makes the most of every inch. One solution that's popular among salon owners is hiring out spare chairs to independent stylists.

    Not only can it provide extra revenue for the salon through regular rental payments, but having a stand-alone enterprise running from your premises can also make a positive impact on retail sales.

    For the stylist, setting up a separate business within a salon can be an excellent way to learn about the commercial side of hairdressing, along with the creative side.

    Continue reading "Legal Implications of Chair Rental" »

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    The Attractions and Challenges of Franchising

    Posted by Ruth
    Dated: December 12, 2006 3:30 PM

    Mark Abell is rated as the number-one franchise lawyer by the Chambers Guide to the Legal Profession, and has specialised on the subject for more than 20 years.

    He works alongside salon groups HOB salons and Mahogany and is the author of six leading books on franchising.

    Here he outlines both the benefits and pitfalls.

    Continue reading "The Attractions and Challenges of Franchising" »

     
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    New Maternity Leave Guidelines

    Posted by Ruth
    Dated: December 12, 2006 3:26 PM

    The rules surrounding employee maternity leave may seem endless but help is at hand thanks to Business Link.

    The national support network for businesses has devised a new interactive tool on its website to help business owners understand their obligations to their employees and to inform them of their entitlements. The tool covers everything from absence to maternity leave.

    Continue reading "New Maternity Leave Guidelines" »

     
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    Pornography in the Salon

    Posted by Ruth
    Dated: December 12, 2006 3:17 PM

    The existence of pornography in the workplace leaves employers open to allegations of sex discrimination. How should salons treat the subject?

    In a study conducted by Queen’s University in Belfast of 350 companies across the United States, the United Kingdom and Australia, one-third of workers admitted sending pornography to others.

    And, half of all workers said they had been exposed to sexually-explicit material by co-workers.

    With an increasing number of businesses granting employees unlimited access to the internet, these figures reflect a disturbing trend, against which employers need to take action.

    Continue reading "Pornography in the Salon" »

     
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    Commercial Leases

    Posted by Ruth
    Dated: December 12, 2006 3:12 PM

    Commercial leases contain many hidden and costly pitfalls, the impact of which often become apparent only when it is too late.

    Considering the main financial terms, your requirement for flexibility and negotiating your main lease obligations with your landlord at the outset can avoid these problems.

    The following outlines the principal standard lease terms, what to look out for and what to negotiate with your landlord before any paperwork is even produced.

    Continue reading "Commercial Leases" »

     
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    Drawing up a Business Plan

    Posted by Ruth
    Dated: December 12, 2006 3:02 PM

    If you’re thinking of opening your own salon, or expanding your current venture, you’ll need to draw up a business plan.

    Every salon owner needs to have a clear idea of where their business is going. No business will be successful for long unless the manager has a clearly laid-out set of objectives based on realistic projections.

    Continue reading "Drawing up a Business Plan" »

     
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    The Truth About Employment Tribunals

    Posted by Ruth
    Dated: December 12, 2006 2:58 PM

    The thought of facing an employment tribunal is enough to fill a salon owner with fear, but new research shows that only a small percentage of plaintiffs are successful

    UK employers spend in the region of £210m a year on employment tribunal claims, but that’s nothing compared to what could be in store in the near future. This figure is predicted to rise by 70% to £360m once age discrimination legislation comes into force in October 2006.

    However, claims against employers in employment tribunals have dropped to 86,181 a year, according to the latest figures published by the government. The significant reduction is in line with the underlying downward trend that has been evident over the past five years, and that, in an increasing culture of compensation, is great news for employers.

    Continue reading "The Truth About Employment Tribunals" »

     
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    Is Your Life Insurance Watertight?

    Posted by Ruth
    Dated: December 12, 2006 2:54 PM

    Nobody likes to think about death, which is why life insurance forms are often filled in as a formality and forgotten about.

    However, although you probably won’t be thinking about your policy on a day-to-day basis, at the back of your mind you will be rest assured that your family will have adequate financial protection in the event of your death – or will they?

    Any payout will depend on the data and medical information put on your application form, and although you may believe you have filled it out correctly, will it be enough to guarantee your insurance company pays up?

    Continue reading "Is Your Life Insurance Watertight?" »

     
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    Bullying In The Workplace

    Posted by Ruth
    Dated: December 12, 2006 2:27 PM

    Bullying is not just a problem for the school playground. It haunts the workplace too, with at least one in four people claiming to have been persecuted at work over the past five years.

    And the suffering extends beyond the victims. British businesses are footing the bill for 18.9 million lost working days a year because of intimidation, according to the employment advisory service Acas.

    The good news is that as the problem has grown so have the information and support networks to help both victims and employers. Most prominent of the helplines is the Andrea Adams Trust, an anti-bullying charity named which organises the Ban Bullying at Work Day.

    Continue reading "Bullying In The Workplace" »

     
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    Complying To Fire Regulations

    Posted by Ruth
    Dated: December 12, 2006 2:23 PM

    The Regulatory Reform (Fire Safety) Regulations came into force on 1 October 2006, rendering all existing fire certificates void.

    The new regulations require the majority of property occupiers to carry out a fire risk assessment and comply with its recommendations or face hefty fines and/or imprisonment.

    They will either repeal or amend most of the current legislation and effectively replace it with a new single-risk, assessment-based approach.

    Continue reading "Complying To Fire Regulations" »

     
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    Understanding Age Discrimination Legislation

    Posted by Ruth
    Dated: December 12, 2006 2:17 PM

    If you’re not sure what the Age Discrimination legislation, which came into effect in October, means for your business and employment practises then new guidance by the Advisory, Concilliation and Arbitration Service (ACAS) could point you in the right direction.

    The guidance – Age and The Workplace – covers all the key issues of the legislation, including:

    • Training

    • Equal opportunities

    • Recruitment

    • Promotion

    • Performance

    • Appraisals

    • Sickness pay

    • Conditions

    • Benefits

    • Redundancy

    • Benefits

    • Retirement.

    The guidance can be downloaded for free on the website or is available from its publications order line on 08702 429090.

     
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    Flexible working hours

    Posted by Ruth
    Dated: December 7, 2006 2:39 PM

    Flexible working can be the key to a successful relationship between you and your team members – you utilise part-time staff in your busiest times while employees enjoy a work-life balance.

    More often than not your flexible workers will be mothers returning to the workplace and a new website, www.workingmums.co.uk will allow you to target this untapped pool of talent in an instant.

    For a monthly fee, the site allows you to post a vacancy and browse a database of potential candidiates, while visitors to the site can search for jobs and apply directly to you.

     
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    Finding a better bank

    Posted by Ruth
    Dated: December 7, 2006 2:28 PM

    Since the Cruickshank review on banking services in the UK was published in 2000, banking for small businesses has become more competitive.

    There is now a wider choice than just the four high street banks, as new names have entered the marketplace, including some former building societies. Both Abbey and the Alliance & Leicester have small business accounts, which are quite competitive.

    All these changes mean that small businesses should compare the services of at least three banks, and perhaps internet or telephone banking to find the best deal.

    Continue reading "Finding a better bank" »

     
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    When Business Partners Fall Out

    Posted by Ruth
    Dated: December 7, 2006 2:21 PM

    Many businesses are conducted through partnerships, but the impact on a business when partners fall out can be immense.

    As a general rule the smaller the partnership, the greater the impact of a dispute on the business and the more embittered it becomes.

    This is probably because larger partnerships are more likely to have agreed procedures to deal circumstances likely to cause disputes.

    Continue reading "When Business Partners Fall Out" »

     
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    Employing Staff From Overseas

    Posted by Ruth
    Dated: December 7, 2006 2:13 PM

    Hairdressing skills are so transient that stylists and colourists can potentially work anywhere in the world.

    However, it’s not always as simple as just filling a vacancy with a talented worker from outside the UK.

    There are certain regulations that control the employment of overseas workers. Make sure you have enough knowledge so you don’t employ someone you shouldn’t.

    Continue reading "Employing Staff From Overseas" »

     
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    Employing Young People

    Posted by Ruth
    Dated: December 7, 2006 2:03 PM

    The excitement and opportunities a career in hairdressing can bring is a magnet for young people.

    Whether you’ve got weekend assistants or full-time apprentices – it’s almost guaranteed that you will employ at least one young person.

    However, are you aware of the legislation covering their employment? There are strict rules to follow and any employer that doesn’t adhere to the rules does so at their peril.

    Continue reading "Employing Young People" »

     
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