D1 Legislation
Legal Constraints are laws that have to be followed by businesses in their activities. These are implemented by the government with the objective to protect the public and the economy. Legal constraints vary from country to country so businesses must be aware of the differences when operating internationally. This section covers
Health and safety at work
Data protection
Employment rights
Consumer rights
Relevant industry legislation
Health and Safety at Work
Employers have a responsibility to ensure the welfare of their employees and visitors in the workplace. There are various pieces of legislation that outline employer requirements which vary from country to country. Find out more about health and safety legislation in the UK here.
Standard expectations of employers are to provide and maintain safe equipment, provide safety training and clothing where required, to ensure work areas and exits are free from hazards and to ensure provisions for welfare such as first aid and evacuation plans are made and communicated. Full cooperation of employees is expected.
Data Protection
The Data Protection Act sets out how organisations can use personal data. Anybody who handles data must adhere to the principles of data protection by ensure data is;
used fairly, lawfully and transparently
used for specified, explicit purposes
used in a way that is adequate, relevant and limited to only what is necessary
accurate and, where necessary, kept up to date
kept for no longer than is necessary
handled in a way that ensures appropriate security, including protection against unlawful or unauthorised processing, access, loss, destruction or damage
Find out more about the Data Protection Act 2018 in the UK here.
Employment Rights and Protection
Employee rights are the expected fair treatment an employee must receive in the workplace. Legislation to protect employees varies from country to country. Find out more about employee protection legislation here. Find out more about employee rights in the UK here.
In the UK, employees have the right to a minimum wage, sick pay, maternity and paternity pay and redundancy pay. Employees can request flexible working and should be provided with a payslip. Employees cannot be discriminated against and their safety in the workplace should be ensured
Consumer Rights and Protection
Consumers have the right to goods and services of expected quality. Legislation exists to protect consumers from fraudulent business practices, dishonest advertising and faulty and dangerous goods and services. The legislation sets out laws that businesses must adhere to when marketing and selling their goods and services. For example, The Consumer Rights Act 2015 requires that all products sold must be fit for purpose, as described and of satisfactory quality.
Find out more about consumer protection law in the UK here.
The General Product Safety Regulations 2005 (GPSR) requires that all products must be safe in their reasonable use. Examples of how a business may comply with this regulation are product testing and adapting to ensure that no injury can be caused in its use, providing appropriate labelling and giving clear instructions on how the product should be used
The Food Information Regulations 2014 requires food packaging to demonstrate an honest description of the contents of packaged food as to not mislead the customer. This includes nutritional information as well as food composition, e.g. you cannot call sausages ‘pork sausages’ unless they contain at least 42% pork.
The Trade Descriptions Act 1968 makes it an offense for businesses to make a sale based on misinformation. This act requires businesses to be more honest in their communications about a product. For example, the size, composition of ingredients, source of raw materials and testing that has been performed on the product.
The Consumer Protection from Unfair Trading Regulations prevents businesses from harassing or misleading customers to make a sale. This includes making false or misleading messages, missing out important product details, using aggressive sales techniques or using branding features of a competitor.
