What are the legal requirements for setting up an office in the UK?
Permission is not required to establish an office in the UK. At the same time, there are a number of regulations that every office owner or manager should be aware of. Here you will find an overview of the key legal requirements that you will need to comply with before setting up an office in the UK.
Employment law: if you will be employing staff at your office, you must ensure that your employment practices are fair and lawful. Legal requirements apply to virtually every aspect of employment, from recruitment to disciplinary procedures and including employee rights and people management. The current regulations are geared towards preventing discriminatory employment practices, be it through advertising, recruiting, or career advancement prospects. In addition, all employees should sign a contract that specifies the terms and conditions of their job, as well as disciplinary and grievance procedures. Other legal requirements that must be observed refer to salaries (minimum wage legislation), maximum working hours and mandatory breaks, paid leave (including parental leave), and statutory sick pay.
Insurance: if you will be employing staff at your new office, you are required to have Employer's Liability Insurance, and your policy should offer a minimum cover of £5 million. This applies whether you employ permanent staff, students on internships, seasonal or casual workers. For your peace of mind, it is recommended that you take optional insurance, which may cover public liability, contents and office equipment, legal expenses, and product liability (if you are responsible for selling or designing goods). In addition, some typically office-based professions, such as solicitors, financial advisors, urban planners, architects, and graphic designers are encouraged to take our professional indemnity insurance.
Taxation: you should have some basic knowledge of tax legislation before you set up your office. This includes finding out if you need to pay corporation tax, ensuring that you comply with self-assessment requirements where applicable, being familiar with the PAYE scheme if you will be employing staff, and paying the relevant business rates, which apply to non-residential premises, like offices and commercial buildings.
Data protection: make sure you (and your office staff where applicable) are familiar with the current data protection regulations, which are governed by the Privacy and Electronic Communications Act. This is especially important if your office is likely to engage in direct marketing by phone, email, and fax, or send unsolicited messages to potential clients. The new regulations require that you obtain consent from individuals before collecting and using their personal data. Data protection also applies to data regarding employees and suppliers. Complying with data protection requirements is not optional, and fines may be issued to those who do not comply
Health and Safety: Compliance with health and safety is one of the most important requirements for business owners interested in setting up an office. Health and safety regulations are extensive and cover different aspects of daily business operations, but special attention must be paid to:
- Fire safety, including the adequate storage of flammable substances, the installation of fire alarms, smoke detectors, and signage, the provision of fire extinguishers, staff training and awareness about evacuation procedures, the maintenance of fire safety equipment, and the regular monitoring of any areas, substances, or equipment that could pose a fire hazard.
- Preventing slips and trips in the office by carrying out regular risk assessments, repairing or replacing unsafe flooring, staircases, and walkways, and by training staff.
- Manual handling techniques. Office staff may be required to lift or carry heavy loads, such as cases of copy paper, boxes of office supplies, office equipment, etc. Office staff should be aware of the proper lifting and handling techniques to prevent injuries and accidents. For more information you can consult the Manual Handling Operations Regulations of 1992.
- Office furniture and the work environment are crucial to the health and safety of employees. Work areas should be adequately ventilated and should be kept within reasonable temperature ranges. Wherever possible, maximise the amount of natural lighting in order to prevent eye strain, glare, and reflections from computer screens. Bathrooms and break areas should also be provided and kept clean. Ergonomic furniture is important as it can help prevent a range of posture-related issues, such as back and neck pain and repetitive strain injuries, as well as low productivity. As a business owner, you should be familiar with British Standards BS3044, which outline the most important elements to look for when selecting office furniture.
Contractual obligations: before you commit to a specific location, make sure all clauses in the lease or let contract suit the nature and purpose of your business. Lettings can be somehow restrictive in that tenants are not allowed to make modifications or alterations to the premises. Usually, your contract will also specify the applicable service charges in addition to the tenant's rights and responsibilities.
Intellectual property: nowadays most companies use their own logo in written and online communications. If you are going to be displaying a logo or other types of unique brand images in your office, you must first ensure that you have registered their trade mark. This can be done online by paying the relevant fees and by applying for copyright to the Intellectual Property Office. Trademarks are initially valid for a period of 10 years, and they can be extended once this period is over.
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