What are the legal considerations when moving your business premises?

Relocating a business will present a multitude of questions for consideration. To best equip yourself, and in order to complete the move successfully, it is important that you are prepared, organised and have the relevant knowledge at your disposal. These facts will aid in the smooth running of the process.

When relocating your business, there are additional aspects to consider than one would face in a usual home move. For example, when moving a medical property to a new location, medical records need to be transported in a secure manner that would not result in patient details being lost, stolen, replicated or viewed by an unauthorised member of staff.

Key Considerations

Giving notice of relocation & Redundancy

The given period as stated on GOV.UK for informing employees of redundancy is dependent on the number of staff likely to be affected.

One of the first considerations for business owners should be the potential effect the dismissal of staff could have on their business. If too many core members or a high quantity of staff were to leave rather than relocate; owners may see a performance drop, or the business may flounder.

By law, business owners are required to notify the Secretary of State if twenty or more employees are to be made redundant.

Notification

Employers are also required to notify RPS (Redundancy Payment Service); the deadline for which is dependent on how many job losses the move will incur.

Consultation

Another requirement that needs to be fulfilled is the consultation period. During this time, those in high managerial roles will discuss with the employee why the employee is being made redundant, or if there are any alternatives to this happening. There is a set amount of days that has to pass before any employees can be formally dismissed.

Insurance

Insurance is essential when relocating a business as a variety of aspects need to be covered. Goods in transit is a given; however, it is important that scenarios that are beyond your control are also covered, such as unscheduled delays which could be detrimental to the business. Reviewing your existing plan is also advisable.

As stated by the Association of British Insurers, ‘by law, your insurance must cover at least £5 million but, in practice, most policies offer at least £10 million. You can be fined up to £2,500 for each day that you do not have appropriate insurance.’ For more information, please contact one of our friendly advisors who will guide you through the process.

For more information, please contact one of the friendly advisors at Park Insurance who will guide you through the process.

Licenses

Ensure that your business has applied for the relevant license related to commercial activities.

Office safety checks

There are a number of safety-related checks business owners need to carry out by law.

Fire: A fire safety drill should be performed in the first week when the staff return to work at the new premises.

More information on fire safety guidelines can be sourced on GOV.UK.

Lockdown procedures: For D1 properties (medical practises and schools etc.), managers should review their lockdown procedures. These are plans put in place in case of a security breach.

As noted by the Central Bedfordshire Council, such threats may include:

A community risk, for example, terror attacks
An intruder or dangerous person
A reported local health risks such as air pollution
Fire
Dangerous animals on the loose

More information on safety procedures, guidelines go to GOV.UK.

Moving in hazards: There are many potential hazards when moving into a new business location. Ensure that the space is free from clutter, as injuries are often sustained when employees trip or slip on clutter. Unpacking also poses a risk as items may have shattered in the move. Employees often attempt to substitute scissors for other sharp implements and this could cause a serious injury.

Environmental factors

UK businesses are required to adhere to environmental regulations protecting the welfare of both the natural surroundings and of the business’ staff. These may include:

Insulation and ventilation
Cleanliness of waste products
Condition of floors and traffic routes
Doors and gates
Drinking water
Escalators and moving walkways
Falls or falling objects
Maintenance of the workplace, equipment, devices and systems
Recycling practises
Temperature in indoor workplaces
The optimisation of natural light
Windows, skylights, and ventilators & the ability to clean windows, etc. safely

All properties are required to provide reasonable disabled access on a basis of request and need. For more information, FIH offer information and advice on disabled access. As stated by the NHBC (National House Building Council), important points include:

Providing disabled car parking spaces
Including ramps for entering and exiting the premises
Ensuring the width of doorways are wide enough for wheelchair users
Provision of disabled toilets (unisex is advised in case a carer is not of the same gender to the person requiring assistance)
Visible signs
Door handles at an accessible height
Make sure that staff know how to aid the disabled in case of fire or emergency

Written by: Rachel Barton – Deputy Editor for Savoy Stewart.