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regulations that govern the trading activities of most business ventures。
Getting a licence or permit
Some businesses； such as those working with food or alcohol； employment
agencies； mini…cabs and hairdressers； need a licence or permit before they
can set up in business at all。 Even playing music in public； recorded or live；
or pu。。ing table and chairs on a pavement means ge。。ing permission from
someone。 Your local authority planning department can advise you on
what rules will apply to your business。 You can also use this Business Link
website （businesslink。gov。uk 》 Your type of business） from which
you can use their interactive tool to find out which permits； licences and
registrations will apply and where to get more information。
Advertising and descriptive standards
Any advertising or promotion you undertake concerning your business
and its products and services； including descriptions on packaging； leaflets
and instructions and those given verbally； have to ply with the relevant
Business Law 181
regulations。 You can’t just make any claims you believe to be appropriate
for your business。 Such claims must be decent； honest； truthful and take
into account your wider responsibilities to consumers and anyone else
likely to be affected； if you say anything that is misleading or fails to meet
any of these tests then you could leave yourself open to being sued。
The five bodies concerned with se。。ing the standards and enforcing the
rules are：
。 The Advertising Authority （asa。uk 》 Advertising Codes） for
printed ma。。er； newspapers； magazines and so forth and the internet。
。 Of （wwwof。uk 》 About Of 》 pliance； Accessibility
and Diversity） is responsible for ensuring advertisements on television
and radio ply with rules on what can and cannot be advertised；
including any special conditions such as the timing and content of
material aimed at children。
。 The Financial Services Authority （fsa。gov。uk 》 Being regulated
》 Financial Promotions） has the responsibility to see that financial
promotions are clear； fair and not misleading。
。 The Office of Fair Trading （o。。。gov。uk 》 Advice and resources 》
Resource base 》 Approved codes of practice） is responsible for ensuring
that advertisements are not misleading or make unfair or exaggerated
parisons with other products and services and to help consumers
find businesses that have high standards of customer service。
。 Trading Standards （tradingstandards。gov。uk 》 For business 》
guidance leaflets 》 Trade Descriptions） covers anything such as quantity；
size； position； method of manufacture； strength； performance； place
of manufacture； date； brand name； conformity with any recognized
standard or history。
plaints； returns and refunds
Customers buying products are entitled to expect that the goods are ‘fit
for purpose’ in that they can do what they claim； and； if the customer has
informed you of a particular need； that they are suitable for that purpose。
The goods also have to be of ‘satisfactory quality’； that is； durable and
without defects that would affect performance or prevent their enjoyment。
For services； you must carry out the work with reasonable skill and care and
provide it within a reasonable amount of time。 The word reasonable is not
defined and is applied in relation to each type of service。 So； for example；
repairing a shoe might reasonably be expected to take a week； while three
months would be unreasonable。
If goods or services don’t meet these conditions； customers can claim a
refund。 If they have altered or waited an excessive amount of time before
182 The Thirty…Day MBA
plaining or have indicated in any other way that they have ‘accepted’；
they may not be entitled to a refund； but may still be able to claim some
money back for a period of up to six years。 Trading Standards （
tradingstandards。gov。uk 》 For business 》 guidance leaflets 》 A Trader’s
Guide to the Civil Law Relating to the Sale and Supply of Goods and
Services） provides a summarized guide to the relevant laws in clear plain
English。
Distance selling and online trading
Selling by mail order via the internet； television； radio； telephone； fax or
catalogue requires that you ply with some additional rules over and
above those concerning the sale of goods and services described above。 In
summary； you have to provide wri。。en information； an order confirmation；
and the chance to cancel the contract。 During the cooling…off period
customers have the unconditional right to cancel within seven working
days； provided they have informed you in writing by le。。er； fax or e…mail。
There are； however； a wide range of exemptions to the right to cancel；
including： acmodation； transport； food； newspapers； audio or video
recordings and goods made to a customer’s specification。 The Office of Fair
Trading （o。。。gov。uk 》 Advice and resources 》 Advice for businesses 》
Selling at a distance） publishes a guide for business on distance selling。
Protecting customer data
If you hold personal information on a puter on any living person； customer
or employee for example； then there is a good chance you need to
register under the Data Protection Act。 The rules state that the information
held must have been obtained fairly； be accurate； held only for as long as
necessary and held only for a lawful purpose。
You can check if you are likely to need to register using the interactive
tool on the Business Link website （businesslink。gov。uk 》 IT & emerce
》 Data protection and your business 》 ply with data
protection legislation）。
Consumer credit licence
If you plan to let your customers buy on credit； or hire out or lease products
to private individuals or to businesses； then you will in all probability have
to apply to be licensed to provide credit。 If you think you may need to be
licensed； read the regulations on the website of the Office of Fair Trading
（o。。。gov。uk 》 Advice and resources 》 Advice for businesses 》 Offering
credit 》 Do you need a credit licence）。
Business Law 183
EMPLOYMENT LEGISLATION
Employing people full or part time is something of a legal minefield； starting
with the job advert and culminating with the point at which you decide
to part pany。 Three prehensive sources of information on the legal
aspects of employment are：
。 Acas （acas。uk 》 Our publications 》 Rights at work leaflets） is a
link to free leaflets provided by the Advisory and Conciliation Service；
who should know a thing or two about employment law。
。 Business Link （businesslink。gov。uk 》 Employing people 》
Recruitment and ge。。ing started）。
。 TheSite （thesite 》 Work & Study 》 Working 》 Workers’
Rights） is a site run by YouthNet UK； a charity that helps young people
have access to high…quality； impartial information as an aid to making
decisions。 It covers everything to do with work； including drug testing
at work。 While the site’s centre of gravity is young people； the law as
described applies to employers。
Advertising the job
As with any advertising； you are governed by the laws on discrimination
and equal opportunities。 That means that any reference