{"id":2065,"count":273,"description":"<span style=\"font-weight: 400;\">The legal aspect of running a business can be complex. Business law dictates how companies should be formed and sets non-negotiable rules all employers should follow to run a morally sound company. Without proper awareness of tax regulations, intellectual property and workers? rights, for example, you could face the loss of <\/span><a href=\"https:\/\/www.lawbite.co.uk\/cost-to-smes-survey\/report-general\"><span style=\"font-weight: 400;\">\u00a313.6 billion a year in court battles<\/span><\/a><span style=\"font-weight: 400;\">. <\/span>\r\n\r\n<span style=\"font-weight: 400;\">This section will help you navigate these complexities, from tax regulations, intellectual property law and other key legal elements of growing your business. <\/span>\r\n\r\n<!--more-->\r\n\r\n<span style=\"font-weight: 400;\">Larger companies have the resources to employ legal assistance full-time to deal with structural and compliance issues. For SMEs operating on less manpower and smaller budgets, a comprehensive understanding of business law is the ultimate weapon to success.<\/span>\r\n\r\n<span style=\"font-weight: 400;\">While you don?t need to become a law guru, there are specific areas of business you need to research and focus on. <\/span>\r\n<h2><span style=\"font-weight: 400;\">Workers' rights: What do I need to know about employment law? <\/span><\/h2>\r\n<span style=\"font-weight: 400;\">Employees really can make or break your business. Workforce happiness, experts say, tends to <\/span><a href=\"https:\/\/warwick.ac.uk\/newsandevents\/pressreleases\/new_study_shows\/\"><span style=\"font-weight: 400;\">increase productivity by around 12%<\/span><\/a><span style=\"font-weight: 400;\">. When members of staff believe they have been wronged ? and have a good and legitimate case to lean on ? you could end up parting with some of your much-needed cash. After all, with the abolishment of employee tribunal fees, <\/span><span style=\"font-weight: 400;\">claims have increased by 90%<\/span><span style=\"font-weight: 400;\">. <\/span>\r\n\r\n<span style=\"font-weight: 400;\">Holding someone back on the basis of their race, background, disability or gender, paying unfair wages, and an unwillingness to offer the right amount of holiday entitlement and maternity, paternity or shared parental leave, all go against the Employee Rights Act 1996. And as the <\/span><a href=\"http:\/\/realbusiness.co.uk\/hr-and-management\/2018\/09\/12\/is-there-space-for-the-office-in-the-gig-economy\/\"><span style=\"font-weight: 400;\">gig economy <\/span><\/a><span style=\"font-weight: 400;\">steadily grows, employers must read up on the rights of independent contractors.<\/span>\r\n\r\n<span style=\"font-weight: 400;\">Much of what you need to know in regards to employee law is grounded in ?understanding human emotion?. It can likewise be boiled down to contracts, performance and punishments ? and ensuring you stick to those guns no matter who you?re addressing. <\/span>\r\n\r\n<span style=\"font-weight: 400;\">No one wants to acknowledge that some employees don?t do their work or <\/span><a href=\"http:\/\/realbusiness.co.uk\/law\/2018\/04\/17\/bullying-in-the-workplace\/\"><span style=\"font-weight: 400;\">resort to bullying.<\/span><\/a><span style=\"font-weight: 400;\"> That being said, have grievance and disciplinary procedures ready for when the occasion arises. But here?s the tricky part. Always do your research and keep notes of your investigations. If someone?s concerns fall on deaf ears, you could find yourself in court and with a new position to fill. Sometimes these claims can be unfounded though. <\/span>\r\n\r\n<span style=\"font-weight: 400;\">Either way, there are certain procedures that should be followed and questions you should ask yourself before releasing an employee, <\/span><a href=\"http:\/\/realbusiness.co.uk\/law\/2017\/04\/26\/grievance-and-disciplinary-procedures\/\"><span style=\"font-weight: 400;\">even if their performance is sub-zero<\/span><\/a><span style=\"font-weight: 400;\">. <\/span>\r\n\r\n<span style=\"font-weight: 400;\">Failing to handle situations with finesse and care will lead to unfair dismissal charges. Courts will take the ACAS code into account and may <\/span><a href=\"https:\/\/www.crunch.co.uk\/knowledge\/employment\/disciplinary-procedures-common-mistakes-made-by-employers\/\"><span style=\"font-weight: 400;\">award employees monetary compensation<\/span><\/a><span style=\"font-weight: 400;\">.<\/span>\r\n<h2><span style=\"font-weight: 400;\">Intellectual property law, copyrights, trademarks: Be in the know<\/span><\/h2>\r\n<span style=\"font-weight: 400;\">SMEs that overlook the importance of intellectual property (IP) can put their products at risk of counterfeiting. These counterfeits are often sold at a minimally discounted price and look authentic, making it easy for consumers to confuse them with the real deal. <\/span>\r\n\r\n<span style=\"font-weight: 400;\">Of course, there are processes you can put in place to ensure your products aren?t stolen. Take copyrights and trademarks, for example, both of which are <\/span><a href=\"https:\/\/www.gov.uk\/government\/organisations\/intellectual-property-office\"><span style=\"font-weight: 400;\">worth the price you need to pay<\/span><\/a><span style=\"font-weight: 400;\">. Where copyrights are more geared towards literary and artistic means, trademarks protect assets that define a company. <\/span><a href=\"http:\/\/realbusiness.co.uk\/sales-and-marketing\/2018\/09\/27\/copyright-logo-uk\/\"><span style=\"font-weight: 400;\">Like a logo<\/span><\/a><span style=\"font-weight: 400;\"> ? or product shape.<\/span>\r\n\r\n<span style=\"font-weight: 400;\">The latter has become well-known in the confectionery sector. We?ve seen Nestl? attempt to register the <\/span><a href=\"https:\/\/www.thedrum.com\/news\/2018\/07\/25\/nestl-loses-european-appeal-protect-kit-kats-four-finger-shape\"><span style=\"font-weight: 400;\">Kit-Kat bar?s four-finger shape<\/span><\/a><span style=\"font-weight: 400;\">, not to mention Mondelez?s go at preventing anyone from using the <\/span><a href=\"https:\/\/www.theguardian.com\/business\/2017\/aug\/17\/toblerone-shape-not-distinctive-enough-for-trademark-poundland-claims-twin-peaks\"><span style=\"font-weight: 400;\">shape of its Toblerone chocolate<\/span><\/a><span style=\"font-weight: 400;\">.<\/span>\r\n\r\n<span style=\"font-weight: 400;\">But there?s a reason why both companies have failed ? and it proves an important lesson for SMEs. In order to monopolise a product by means of a trademark, you must be able to show consumers will recognise its shape, colour, and so on, as a badge of origin. <\/span>\r\n<h2><span style=\"font-weight: 400;\">What do I need to know about GDPR compliance and HMRC updates? <\/span><\/h2>\r\n<span style=\"font-weight: 400;\">The fast pace of digital evolution means data related law and compliance issues are changing all the time. Recent advancements <\/span><a href=\"http:\/\/realbusiness.co.uk\/law\/2018\/06\/26\/five-gdpr-related-mistakes-businesses-already-making\/\"><span style=\"font-weight: 400;\">such as the GDPR act<\/span><\/a><span style=\"font-weight: 400;\"> need to be adhered to in a calm and concise manner. Businesses must be clear about the data they are using from consumers and why. <\/span>\r\n\r\n<span style=\"font-weight: 400;\">Clearly communicating the message of consent to customers means they understand what they are signing up to. This way, the chances of customers reporting your business for unlawful use of data is lessened through clarity of messaging. <\/span><a href=\"http:\/\/realbusiness.co.uk\/law\/2018\/05\/22\/gdpr-supper-club-storing-information-data\/\"><span style=\"font-weight: 400;\">This will prevent fines<\/span><\/a><span style=\"font-weight: 400;\"> ? a hefty ?20 million or 4% of annual global turnover ? and damage to your company?s reputation. <\/span>\r\n\r\n<span style=\"font-weight: 400;\">The same awareness goes for keeping <\/span><a href=\"https:\/\/www.theguardian.com\/small-business-network\/2017\/jan\/27\/small-business-etsy-ebay-hmrc-tax-return-self-assessment\"><span style=\"font-weight: 400;\">up to date with tax regulations<\/span><\/a><span style=\"font-weight: 400;\"> and HMRC investigations. A benefit of being clued up includes knowing the commercial benefits that SMEs can claim. For example, you could be eligible for additional benefits like <\/span><a href=\"https:\/\/www.gov.uk\/guidance\/corporation-tax-research-and-development-rd-relief\"><span style=\"font-weight: 400;\">tax relief<\/span><\/a><span style=\"font-weight: 400;\">.<\/span>","link":"https:\/\/realbusiness.co.uk\/category\/advice\/business-law-compliance","name":"Business Law &amp; Compliance","slug":"business-law-compliance","taxonomy":"category","parent":11041,"meta":[],"_links":{"self":[{"href":"https:\/\/realbusiness.co.uk\/wp-json\/wp\/v2\/categories\/2065","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/realbusiness.co.uk\/wp-json\/wp\/v2\/categories"}],"about":[{"href":"https:\/\/realbusiness.co.uk\/wp-json\/wp\/v2\/taxonomies\/category"}],"up":[{"embeddable":true,"href":"https:\/\/realbusiness.co.uk\/wp-json\/wp\/v2\/categories\/11041"}],"wp:post_type":[{"href":"https:\/\/realbusiness.co.uk\/wp-json\/wp\/v2\/posts?categories=2065"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}