Legislation for Tourist Accommodation (the rules & laws you need to follow)
All information provided by Yes Hotels should be treated only as general guidelines. Professional help must be sought as and when you need it.
1. Fire Safety
a) Fire Risk Assessment
From 2006 the legislation means that a 'responsible person' (usually you if you are the hotelier) must conduct 'self assessments' to fire safety in all workplaces (including hotels etc.). There is no longer a need to have fire certificates issued by the Fire Brigade but this makes your own assessments even more important.
If you have more than 5 employees you must by law keep a record of your fire risk assessments. Yes Hotel advise that you keep records anyway in case of any issues arising including insurance matters and if you get a visit from the fire brigade. An example Fire Risk Assessment form is included in the YesHotel library section.
The assessment usually comprises of the following steps:
Identify the fire hazards - for example, cooking equipment, lighting, electrical equipment, and especially combustible stuff like furnishings, wood panelling etc. Paying extra attention of escape routes.
Identify the people at risk - for example, guests and other visitors, staff and contractors and passer-by. It may be worthwhile liaising with your neighbours for this exercise Special attention should be paid to those with disabilities and where English may not be the first language.
Evaluate, remove, reduce and protect from risk - Take measures to reduce potential risks where possible - like prohibiting smoking in bedrooms, using fire retardant materials, moving flammable objects (xmas trees) from near naked flames (candles) and ensuring that escape routes are free of obstacles.
Keep a logbook. This should contain details of maintenance and servicing to fire protection apparatus and related measures (eg alarms, detectors, extinguishers, doors etc.)
Draw up an Emergency Plan. This is a notice that should be displayed in guest rooms, staff areas, public rooms etc telling what actions all people should take in the event of a fire.
Training and Awareness. Staff should be trained in how to follow the emergency plan and should participate in at least fire drill a year.
Review. The fire risk assessment should be reviewed on a regular and frequent (at least annually) basis and when there are changes like building alterations, changes of room usage, changes of management etc.
b) Fire Precautions
Prevention. Staff should be aware of the potential hazards in their work environment and be trained in safe working practices and how to implement the Emergency Plan.
Fire Alarm Systems. The Fire Safety act which came into force in 2006 stipulates what sort of alarm is the minimum required for each type of property (subject to local fire service discretion). A typical small hotel may need the system classified as L2. You should check which level applies to your premises.
Means of Escape.A well signed and well lit (this may involve special emergency lighting) means of getting out of the building is essential. These must be kept free of obstruction.
Fire Fighting Equipment. A reasonable number of extinguishers, fire blankets etc. should be available and staff trained in their use.
c) Fire Risk Enforcement
The local fire service is in charge of this. They make visits to premises and will check that your Fire Risk Assessment is OK.
They will also want to see the records of the servicing and maintenance of fire protection equipment including emergency lighting, alarms etc.
If you don't make the grade they could issue -
- a prohibition notice closing you down until things are sorted out
- an enforcement notice telling you to make certain changes within a specific timescale
- an alterations notice which advises you that should you decide
change certain parts of your premises it could compromise safety and lead
to one of the notices above being issued.
http://www.communities.gov.uk/publications/fire/regulatoryreformfire
2. Health & Safety (Liability to Others)
If you own the hotel/premises you have a 'duty of care' to anyone on the premises and as such must ensure that the premises are 'reasonably safe'.
a) 'Reasonably Safe'
Mostly this is just common sense. Watch out for slipping and tripping hazards and make sure that staff and guests are aware of emergency procedures. Your duty of care does not extend to guests being in places they should not be like kitchens, or doing unreasonable things like jumping out of a window but could include the actions of staff - for example, a guest tripping over a vacuum cleaner not put away properly.
Normally your insurance will cover your liability and each guest has a duty of care for their own safety which means that your liability could be reduced based on their actions.
b) Insurance
Every employer must have insurance to cover liability for injury or illness sustained by an employee while at work. The certificate of insurance should be displayed where your staff can see it and it must be available to Health and Safety inspectors. All policy documents must be retained in case they need to be used even years later.
http://www.hse.gov.uk/pubns/hse40.pdf
Public liability insurance is not compulsory but is advisable, This covers you for claims from guests and others for injury, loss and damage.
c) Health & Safety for Employees
The Health and safety at Work Act stipulates that you are responsible, within reason, the health, safety and welfare of your staff (and guests, contactors on site etc) while at work - though they also have a duty of care for their own health and safety.
You have to display the Health and Safety poster if you have any staff or give them a copy of the Health and Safety guide. Available from HSE http://www.hse.gov.uk/pubns/books/lawposter.htm
http://www.hse.gov.uk or 08701 545500
Issues for catering. Health and Safety Law and catering http://www.hse.gov.uk/pubns/cais11.pdf
Managing Health and Safety and catering http://www.hse.gov.uk/pubns/cais4.pdf
Slips and trips in the kitchen http://www.hse.gov.uk/pubns/cais6.pdf
Maintenance Issues http://www.hse.gov.uk/pubns/cais11.pdf
An good list of advice leaflets on commercial catering form the Health and Safety Executive (HSE). http://www.hse.gov.uk/pubns/caterdex.htm
Potential Work Activity Hazards. You need to make sure that all equipment is suitable for the job, properly maintained, conforms to EC safety regulations and is properly installed and safe to use. Staff should be given proper training and instructions. Working at height, safe manual handling (e.g. lifting) and working with substances also, amongst other things, also need to be considered.
Computer and other display screens http://www.hse.gov.uk/pubns/indg36.pdf
Manual handling http://www.hse.gov.uk/pubns/cais24.pdf http://www.hse.gov.uk/pubns/indg290.pdf
Young people http://www.hse.gov.uk/pubns/cais21.pdf
The Work at Height Regulations http://www.hse.gov.uk/pubns/indg401.pdf
Using Ladders http://www.hse.gov.uk/pubns/indg402.pdf
Dangerous Substances (advice on the use of extra strong commercial chemicals etc.) http://www.coshhessentials.org.uk/
HSE phone - 08701 545500
Potential Work Environment Issues. The environment must also be appropriate in terms of temperature, lighting, ventilation and room size etc. There must be adequate facilities for toilets, washing, resting and eating.
Workplace H&S for Managers http://www.hse.gov.uk/pubns/indg244.pdf
Safe glazing http://www.hse.gov.uk/pubns/indg212.htm
A common workplace problem are falls -
Do you have floors that are slippery when wet? Are spills dealt with quickly?
Do staff have to use badly lit or unlit areas? Are there trailing cables or uneven surfaces (e.g. during maintenance or alterations) http://www.hse.gov.uk/pubns/indg225.pdf
d) The Health and Safety Risk Assessment
The assessment usually comprises of the following steps
Identify the hazards - Including issues regarding gas and electricity
Identify the people at risk - for example, guests and other visitors, staff and contractors and passer-by. It may be worthwhile liaising with your neighbours for this exercise Special attention should be paid to those with disabilities and where English may not be the first language.
Evaluate, remove, reduce and protect from risk - Consider the likelihood of the accident and how serious the consequences could be Take measures to reduce potential risks where possible. Ensure there is a suitable provision of first aid equipment and supplies.
Keep a Health & Safety logbook of 'significant findings'. A record is only needed if you have 5 or more staff but it is advisable to do it anyway in case problems do arise later.
Training and Awareness. Staff must be made aware of health and safety issues and updated and retrained as and when required. You must provide agencies supplying workers about any relevant risks and qualifications required. Employees also have a duty of care to report problems and to adhere to health and safety instuctions
Review. The risk assessment should be reviewed on a regular and frequent basis and when there are changes like building alterations, changes of room usage, changes of management etc.
http://www.hse.gov.uk/pubns/indg275.pdf
http://www.hse.gov.uk/pubns/indg163.pdf
e) Reporting Accidents
By law you must report certain workplace accidents, diseases and 'dangerous occurrences' to the Incident Contact Centre (ICC) on 0845 3009923 or by email to riddor@natbrit.com
For full details see http://www.hse.gov.uk/riddor/index.htm or phone the information line on 0845 345 0055.
f) First Aid Equipment
The minimum should be a well stocked first-box. Someone should be appointed to take charge of first aid. You have no responsibly to help guests but it is a good idea to have phone numbers etc of medical facilities in the area. http://www.hse.gov.uk/pubns/indg347.pdf
g) Electricity at Work
All electrical systems (including everything from mains wiring to hairdryers for guests, and more) are covered though guest's own stuff is not included as their use is beyond your control.
Electrical equipment is deemed as safe if there is no risk that the equipment will in anyway cause death or injury to anyone, pets or damage to property. Most new equipment should carry a CE mark (the maker's assertion that the product meets ECC Directive and safety standards).
There are no precise rules about testing but both fixed wiring installations and portable equipment should be frequently inspected for damage. This can include damaged cables or plugs, sockets etc.
The regulations suggest that 'regular inspection of equipment is an essential part of any preventative maintenance programme.' So the holder of a 'duty of care' should consider this in your health and safety practices. Ensure you keep a record of all the testing and maintenance carried out (and who did it) to use as evidence of your compliance should you need it.
If you do choose to use an outside company make sure they are competent to carry out the work (they don't need to be a qualified electrician as such but should be a member of the Electrical Contractor's Association or NICEIC).SCAM Note - The relevant regulations DO NOT specify how often you should check and test your electrical equipments so don't be pushed into paying for tests you don't need.
Maintaining Portable Electrical Euqipment http://www.hse.gov.uk/pubns/indg237.pdf
Electrical safety http://www.hse.gov.uk/pubns/indg231.pdf
h) Gas at Work
Note - The CORGI gas register ceased on 31st March 2009. Engineers must now Gas Safe registered. http://www.gassaferegister.co.uk/
It is advisable to keep records of work and ensure appliances under your control are maintained in a safe condition.
Safe Gas Appliances http://www.hse.gov.uk/pubns/indg238.pdf
Landlords and Gas Safety http://www.hse.gov.uk/pubns/indg285.pdf
i) Smoking
This is now basically banned from all public enclosed and substantially enclosed places.
Enclosed = has a roof and walls all around
Substantially Enclosed (50% rule) = has a roof (including a detachable one) and permanent openings are less than half of the potential wall area possible (please consult the precise definition before undertaking any work!)
Note - temporary structures like marquees are likely to be classified as enclose premises.
Exemptions - The private areas of hotels unless the area is also used by staff (for example, the broom cupboard shared with the cleaner). Also in designated bedrooms if they specifically designated by the person in charges as being a smoking room, are completely enclosed (except for doors and windows), do not have vents connected into non smoking areas, have doors that shut mechanically after use that go into non smoking areas and are clearly signed as 'smoking permitted'.
The law requires the display of the international no-smoking symbol in colour with the wording 'No Smoking: It is against the law to smoke on these premises'. Consult the exact rules prior to display to avoid any misunderstandings. Fines can be levied.
Failure to take reasonable steps to avoid smoking on the premises can lead to affine of up to £2,500.
http://www.smokefreeengland.co.uk/
3. The Premises
a) Rates
Most hotels pay NDR (None Domestic Rates - Business Rates). There are exemptions.
The amount payable is based on the rateable value set by the Valuation Office Agency (VOA). The values are due to be revised on 2010. The local council then work out your rates by multiplying the rateable value by a multiplier set each year by the government.
Your rateable value and those of others (so you can compare) are available at www.voa.gov.uk
You can appeal against your rateable value on line with the VOA at www.voa.gov.uk
Scam Note - there are companies who will offer to get your rateable value reduced. This can be often very expensive and without any guarantee of success. Consult you accountant or www.businesslink.gov.uk before entering into an agreement with a commercial valuer for this service no matter how well qualified and experienced they appear
b) Licenses
TV License. Note that the hotel license is NOT available from the local post office. You must buy one direct from TV Licensing. One normal fee is payable for up to 15 units (rooms etc) with TVs installed with additional fees for each extra 5 or less units. http://www.tvlicensing.co.uk/information/hotels.jsp
PRS (Performing Rights Society) License - If you play music by any mechanical or digital device and/or have live performances to the 'Public' you will need a PRS. 'The public' means guests and others attending your premises for other than a clearly family / domestic situation.
There are lots of legal and technical issues about whether you need a PRS licence or not but in most cases one of their range of licenses will be needed.
Click this link or ring 0800 068 4828
PPL (Phonographic Performance Limited) - Payable if you play music in public from mechanical sources. Again the costs vary by use. http://www.ppluk.com or ring 020 7534 1030
c) Signs
These are governed by planning regulations
http://www.communities.gov.uk/planningandbuilding/
http://www.bsga.co.uk/faqs_signbuy.php
Usually fully illuminated signs need express consent (i.e. you need to apply for planning consent to the planning authority), partially illuminated signs(letters only) may need express consent and non-illuminated signs mormally need only deemed consent (this means that it can be normally assumed that the planning authority has been given) if they are fixed to the building or on your grounds but there may be size limitations. Listed buildings and conservation areas have additional rules.
4. Food and Drink
a) Labelling
There are regulations regarding informing the public about the use of GM (genetically modified) foods
http://www.blackpool.gov.uk/nr/rdonlyres/79076f38-0291-4a9a-90c0-233ca7dbe89b/0/geneticallymodifiedfoods.pdf
http://www.blackpool.gov.uk/nr/rdonlyres/9da031f1-e2ea-4198-8cc6-23644a89d6b1/0/foodlabellingforcateringestablishments.pdf
Allergy information must be shown on food packaging (and/or on delivery paperwork) and should be accessible to guests. http://www.eatwell.gov.uk/healthissues/foodintolerance/?lang=en
b) Food Safety
If you supply food to guests you must adhere to the Food Safety Act. You must (there are a few exceptions for very small businesses) register with the local environmental health authority. This is free and they can't refuse to register you.
http://www.food.gov.uk/multimedia/pdfs/hygienebusinessguide.pdf
http://www.food.gov.uk/foodindustry/regulation/hygleg/hyglegresources/sfbb/
http://www.food.gov.uk/multimedia/pdfs/prevfoodpoison.pdf
You must NOT
Sell food that does not comply with the food safety requirements - i.e. could be injurious to health (treated, prepared or kept in a way that makes it harmful), be unfit (e.g. gone off), be not what the customer ordered (e.g. supplying a pork chop when the guest ordered a steak) or falsely/misleadingly described/advertised.
Environmental health officers and trading standards officers can go into and check any food premises (at any reasonable time and without notice). They may visit on purely a routine basis or because of a complaint.
They can take samples and photos, take suspect foods and even serve a prohibition notice closing premises if they think there is an immediate risk to the public (confirmed by the courts). They can also ask you to sort out problems and if the law has been compromised serve a 'hygiene improvement notice'.
http://www.food.gov.uk/multimedia/pdfs/foodlawinspec.pdf
The food hygiene management system is intended to ensure that food is safe to eat.
You must
Analyse all potential food hazards
Identify the points of the operation where hazards could happen
Set up control and checking procedures at points of the operation at risk
Take any remedial steps if procedures are compromised
Keep records of your procedures and action taken
Review the above on as frequent regular basis and whenever you change procedures.
Premises should be kept clean and designed with food hygiene as a priority (i.e. easy to clean). This will include hand washing facilities, toilets that do not open in food areas, ventilation, lighting and drainage.
Specifically issues include
Equipment should be kept clean and well maintained.
Food waste must be kept in easy to clean closed containers and disposed of in a proper way.
Cleaning materials should not be stored near food.
All food materials should be fit for human consumption.
Food materials must be protected from contamination (including pests). Attention must be paid to water supplies
Staff handling food should get the right training. High risk food handlers (kitchen staff) should hold a basic or foundation level 2 certificate. Servers should have awareness training (level 1). The person in charge of food hygiene should also have the proper training to ensure they can manage the process.
http://archive.food.gov.uk/dept_health/pdf/catsec.pdf
Temperature Control
Basically foods must not be kept at temperatures which could make them unsafe to consume.
Hot foods at 63 degrees C or above and Chilled foods at 8 degrees C or below.
Bakery products for immediate use, unopened cans, dried foods and foods intended to mature/ripen at room temperature (e.g. some cheeses) are exempt from the 8 degree limit.
There is an element of flexibility when serving and displaying food. Chilled food can be displayed for up to 4 hours above 8 degrees temperature and hot food outside temperature control for a single period of 2 hours. Check the specific regulations regarding reheating and cooling.
Ready to eat products
Sandwiches, salads, cold cooked meats etc and other foods cooked in advance and supplied cold are subject to handling controls. They should be stored separately form raw foods and at the right temperature. Hands should be washed and clean utensils and preparation areas should be used. Check the specific regulations.
Scores on Doors
These are schemes run by local authorities where the level of a business's compliance with the Food Law Code of Practice is assessed and scored and the results displayed prominently on the premises. It is not mandatory to display a score and you can appeal against a rating you think is unfair. Many local authorities do not yet have a scheme but it is anticipated that a national scheme will be implemented by the end of 2009.
http://www.food.gov.uk/safereating/hyg/scoresonthedoors/
5. Licensing
The Licensing Act (2005) means that local authorities and relevant local departments like fire, police and health now administer and enforce licensing issues. The licensing committee consisting of councillors but advised by a licensing officer decide applications.
Activities regulated include the sale/supply of alcohol, provision of certain entertainments and the provision of late night refreshments.
Regulated entertainments include dancing both as a show or by taking part, showing of moving pictures, plays, indoor sports needing physciall skills and the playing of live or recorded including karaoke.
Late night refreshments includes all food for consumption on or off the premises between 11pm and 5am.
a) Premises License
This is needed for any premises that offer any of the activities above. The licence is for and indefinite period (so is transferable should you leave). Application form www.culture.gov.ul/images/publications/P_422.doc
There are 4 licensing objectives you need to specifically consider in your application -
The prevention of crime and disorder, public safety, prevention of public nuisance and the protection of children from harm. You will need to carry out a risk assessment for the activities you plan to offer.
Advice and help can be obtained from the statutory authorities - police may stipulate how many door staff you need, environmental health will consider noise levels and the fire service escape routes etc.
http://www.blackpool.gov.uk/services/m-r/premiseslicences/home.htm
You may use a consultant/solicitor to help you complete the application but they are fairly straight forward. Anyone over 18 can make an application and applications can be made on behalf of limited companies and partnerships. You need to provide copies to the police, trading standards, planning , environmental health, fire and child protection agencies (your local authority will have contact details for these).
You need to consult others (neighbours etc) who may be effected by license. Usually this can be done by place in an ad in a local paper and displaying a notice on your premises plus a copy of the notice to the relevant statutory authorities above. This process is for 28 days from the date you hand in your application. Assuming objections, if any, are resolved the licensing authority will determine the application.
Fees are payable on initial application to get or vary and are determined by the size and nature of the premises then there is an annual charge.
b) Personal License
This 'portable' license gives permission for the holder to sell alcohol. All premises must have a supervisor who holds a personal licence as well as a premises licence - that is, you need both licences. The personal license is valid for 10 years. Applicants. Must be 18 or over, possess an accredited licensing qualification, have not lost a license in the last 5 years and not been convicted of certain related offences.
http://www.culture.gov.uk/what_we_do/alcohol_and_entertainment/3189.aspx
http://www.blackpool.gov.uk/services/m-r/personallicences/home.htm
In theory the laws let you open 24 hours a day but in practice this is very unusual and subject to scrutiny. The opening times should be established to suit you, your guests and the local public.
You can sell alcohol to anyone over 18. 16 and 17 year olds can drink beer, cider or wine if bought by an adult and served with a sit down meal at a table. The adult must be with the child(ren) at all times. Similarly, it is up to you to say at what age children can be in your bar but they must be with an adult.
6. Guests
In basic terms you can turn away potential guests as you see fit unless they have made a prior booking. However, you must be careful to stay within the discrimination laws (including the Sex, Race, Disability and Equality acts.)
Also you must honour prior bookings unless there are legal grounds for refusing - for example, smoking in a non-smoking room or just creating an unreasonable nuisance.
a) Bookings
A booking, in effect, constitutes a legally enforceable contract between and your guest regardless of whether it was made by phone, email, letter in, person etc.
It is advisable to draw up your booking terms and conditions which should clearly show your cancellation procedures.
TERMS AND CONDITIONS TO GO HERE
SAMPLE BOOKING FORM TO GO HERE
In basic terms you can turn away potential guests as you see fit unless they have made a prior booking. However, you must be careful to stay within the discrimination laws (including the Sex, Race, Disability and Equality acts.)
Also you must honour prior bookings unless there are legal grounds for refusing - for example, smoking in a non-smoking room or just creating an unreasonable nuisance. Potentially cancelling a booking cold mean you are in breach of contract and the guest could claim damages from you for any losses they have made in getting equivalent accommodation elsewhere plus other out of packet expenses. However they have responsibility to keep their losses to a minimum.
b) Cancellation by Guest
Your cancellation procedure should be clearly stated in your terms and conditions. You can charge the guest a fee for the amount you are due in compensation. If the guest will not pay your invoice you could be able to charge it to their credit card or ultimately take them to the small claims court.
Initially you should try and re-let the room and so reduce your loss. If you are still out of packet you can claim damages to the tune of how much you have lost (so the accommodation rate less the cost of the consumables like food that you did not have to use). Deposits can be kept to put against money you are owed.
Provided you have clearly stated in your terms and conditions that their credit card will be used to pay cancellation charges and they have accepted the conditions you can use the card. The guest's signature is not required and the banks will pay as long as there is no dispute from the holder.
The small claims court handles claims for amounts up to £5,000. There is a fee to pay but all costs can be added to the money you are owed. http://www.hmcourts-service.gov.uk/infoabout/claims/index.htm
If the guest refuses the accommodation you can treat this as a cancellation but be if the booking was based on false information provided the person taking the booking then you could be liable.
c) Children
The provision of childcare facilities is a very complex area and contains specific definitions of concepts like 'baby sitting', 'childminding' and 'baby listening services. Certain facilities need to be registered with Ofsted (Education Standard Office) . Baby listening services and care for children during certain evening/night time hours are outside the scope of Ofsted but it worth checking before offering such facilities to guests.
http://www.ofsted.gov.uk/Ofsted-home
d) Disabilities
The Disability Discrimination Act (DDA) gives disabled people rights that can be enforced through the courts.
It includes all people who have physical or mental impairments that have a substantial and on going negative effect on their ability to carry out usual day to day activities. Disability can include progressive conditions like cance, MS and ME etc and status is from the point of diagnosis.
You must treat disabled guests the same way you treat other guests unless it is not possible to do so on the grounds of 'reasonableness' . Examples of treating disabled guests less favourably could include offering worse terms and conditions and providing a relatively poorer standard of service.
You are only required to do what is 'reasonable'. So allowing guide dogs even if you normally have a no pet policy. Or providing large print menus. A small hotel may not be expected to reasonably provide wheel chair access while a brand new purpose built hotel could.
http://www.tourismforall.org.uk/
http://www.holidaycare.org.uk/
e) Tariffs
It is against the law to provide misleading information on prices (from accommodation to services etc.)
http://www.berr.gov.uk/files/file8127.pdf
You must be open and honest in your displayed prices and not omit or distort information that could effect the buying behaviour of the guests.
If you have more than 4 bedrooms the prices list should include the price of a single room, a double room and any other type of room offers. The prices should include VAT if appropriate, any compulsory service charges and any meals/services included and the list has to be displayed in a prominent position.
If your pricing policy varies dependent on payment method (usually if you have an extra charge for credit cards) you must make this clear on your tariffs and menus. You must also advise of this if the guest books by phone.
f) Guest's Belongings
If the guest is staying at least one night you may be legally liable to take responsibility for the safekeeping of the guest's luggage within reason.
Liability could be fully yours if the loss or damage was caused by our or your staff's negligence or deliberate action. Or if the goods had been specifically given to you to look after/ the guest had asked you to look after something but you had refused.
You could be limited to a liability of only £50 or £100 if the above does not apply and if you have displayed a statutory notice in a prominent area of your establishment. In this case you are only liable to pay a minimum of £50 per article to a maximum of £100 per person. The amounts are different in the London area.
If your business is defined as a 'Private Hotel' (this is usually when you can choose your guests and/or have an advertised policy excluding certain groups like hens & stags or coach parties) you a normally only liable of damage and loss if you or your employees have been negligent or if the guest had handed the property over to you for safekeeping.
Normally you don't have the right to keep a guest's stuff until the bill is paid or damage paid for unless you are trading clearly as an 'Hotel' rather than a 'Private Hotel' (An hotel is a business that offers food, drink and sleeping accommodation and does not turn away guests in a fit state to stay as long as they appear to pay.)
If the stuff can be sold this must be at public auchion and is subject to rules about advertising the sale. Any suplus money after disbursements must be given to the guest. The best means of getting money you are owed by guests is either by using their credit card or the Small Claims Court.
g) Registration
You must keep a record of all guests over 16 years of age. This must include their full name and their nationality. For none British, Irish or Commonwealth guests you must also record their passport number and where issued and if known their next destination. You do not need to note the guest's home address.
The records can be kept on cards or in a book and must be kept for at least 12 months. In case the authorities need to see them.
h) Data Protection Act
If you hold personal information on any people (guests, employees) on a computer (not just on paper) then you need to register under the Data Protection Act. Even if it could just be names and addresses.
However there are some exemptions -
You are holding the information purely to handle the booking, for advertising as long it is only the information needed for your own advertising and only kept as long as you need it. Staff administration and accounting records may also be exempt subject to rules about how long the information is kept and for what purpose etc.
The whole area is a minefield and if in any doubt you should contact the Information Commissioner's Office (ICO) 01625 545 740
If you do have to register the fee is £35 a year. On the application form you will need to provide details of your business, the purposes and the type of personal information being held on computer. There are also rules bout how you must hold the information and these include obtaining consent, security and accuracy. You must also provide any subject (the person the information is about) with anything you hold within 40 days of the request and you can charge up to £10 for this.
The obligations and rules are complex and onerous and may not even apply to you. However, the Information commissioner's office is very helpful and will lead you through the process. You DO NOT to pay anyone else for help registering! Occasionally you may be contacted by someone telling you that you must register and they will do it for a fee - if it more than £35 inform the ICO.
7. Staff
a) Discrimination
This can be a very complicated area of legislation and you are advised that while being aware of the basics professional advice could be essential in many discrimination related issues.
BERR Department of Business and Regulatory Reform http://www.berr.gov.uk/
ACAS Advisory, Conciliation and Arbitration Service http://www.acas.org.uk/index.aspx?articleid=1461
Employer's forum on disability http://www.efd.org.uk/
Business Link http://www.businesslink.gov.uk/bdotg/action/layer?topicId=1073858787&r.lc=en&r.s=tl
In simple terms -
It is unlawful to discriminate directly or indirectly against anyone (or harass them) on the basis of gender (including pregnancy, maternity etc), race, nationality, colour, origins, religion or beliefs, sexual orientation, age, disability, employment and training status and membership/non membership of trade unions etc.
b) Foreign Workers
The fundamental issue is that employers must be sure that anyone they employ is entitled to work in this country. You should never employ anyone without checking their documentation.
The law in detail http://www.ukba.homeoffice.gov.uk/policyandlaw/immigrationlaw/immigrationrules/
Employers Helpline 08705 210224
Application forms http://www.ukba.homeoffice.gov.uk/workingintheuk/eea/wrs/workers/
c) Minimum Wage
National Minimum Wage (NMW) helpline 0845 6000 678
Rates from 1st October 2008 -
22 and over £5.73
18 to 21 £4.77
16 to 17 £3.53
Exemptions apply to the self employed, apprentices under 19 (or over 19 in 1st year) and voluntary workers.
The wage can include ass well as basic pay any bonuses, tips paid through payroll, accommodation (i.e. a room in the hotel)* and money for work-wear if the employee can choose where to buy the items.
It excludes premium payments for overtime and shift work, expenses paid, expenditure on tools and clothing made by the employer and all benefits in kind - including meals but not accommodation.
*You can offset an amount for providing accommodation at the rate of £31.22 per week (£4.46 a day) http://www.berr.gov.uk/files/file38769.pdf
You must keep records that prove you are paying the NMW and make these available to the employee. If HMRC (Revenue and Customs) find that you have been underpaying you can be fined up £5,000 and incur a penalty of 50% of any underpayment.
http://www.berr.gov.uk/files/file48127.pdf
see Business Link . http://www.businesslink.gov.uk/bdotg/action/layer?topicId=1081658503&r.lc=en&r.s=sl
Even when documents are supplier makes sure that things like photos and dates of birth look OK and that the papers have not expired etc.
Do not take at 'face value' any claim made that they don't need certain permits etc. and note - workers from Czech republic, Estonia, Hungary, Latvia, Lithuania, Poland, Slovakia and Slovenia will need to register with the Home Office Worker registration Scheme as well.
The penalties for non compliance are massive and include fines of up £10,000 per illegal worker and up to 2 years in prison. So it is vital to check prospective employees' documents and repeat checks on an annual (minimum) basis.
d) Parents
Maternity Leave.
Regardless of how long they have worked for you all pregnant women qualify for 26 weeks 'ordinary' maternity leave AND a further 26 weeks 'additional' maternity leave.
Statutory Maternity Pay (SMP).
To get this the worker must have been earning at least £90 per week before tax and been employed continuously for at least 26 weeks into the 15th week before the 'due date'. They can decide when to start getting SMP and it can start from 11 weeks before the 'due date'.
Paternity Leave If the employee has 26 weeks service by the 15th week before the expected week of birth they are entitled to 2 weeks paternity leave. They don't need to be the biological father but they must be planning to have responsibly for the child's upbringing.
Adoption Leave
Employees who have 26 weeks service or more are entitled to 26 weeks 'ordinary' adoption leave plus 26 weeks 'additional' adoption leave. Couples need to decide which partner will take the leave.
Flexible Working
Staff with children under 6 or disabled children under 18 and those caring for adults can request flexible working patterns.
Parental Leave
If someone has been employed by you for over a year and needs time off to look after a child they can ask for up to 13 weeks unpaid time off and return to the same or a similar position.
See Business Link http://www.businesslink.gov.uk/bdotg/action/layer?r.l1=1073858787&topicId=1080898061&r.lc=en&r.s=tl
ACAS & flexible working http://www.acas.org.uk/media/pdf/c/k/AL07_1.pdf
e) Working Hours
'Reasonable' steps should be taken to ensure that workers don't work more than 48 hours a week (excluding rest periods) based on an average of over 17 weeks. For under 18s this is 40 hours.
But employees over 18 can work more by signing a 'Working Time Regulations Opt-Out Agreement'.
Night Workers. These are workers who usually work 3+ hours between 11pm and 6am. They should not work more than 8 hours in any 24.
Night workers are entitled to a free health assessment prior to working nights and then in a regular basis to make sure they are OK of working nights.
Young workers should not work between 10pm and 6am but in certain circumstances later finishes and earlier starts are permitted.
Annual Paid Holidays. The allowance for 2009 (from 1st April) is 5.6 weeks paid holiday including bank holidays. A week's holiday is the equivalent of the time normally worked in the week and applied pro-rata for part timers.
So if someone works 6 days a week they are entitled to 33.6 days (less bank holidays) off per year. 5 days per week would be 28 days off per year.
http://www.berr.gov.uk/whatwedo/employment/holidays/
Rest Periods. Workers must have 11 hours rest (with no work interruptions) between each working day plus at least 24 hours rest in each 7 day period (averages over 2 weeks). Young workers are entitled to 12 hours rest and 48 hours break in each 7 day period.
If someone works more than 6 hours they are entitled to a 20 minute break (young workers 30 mins in every 4.5 hours). These breaks are subject to common sense discretion during busy times etc but m ust still be given at some point.
http://www.direct.gov.uk/en/Employment/Employees/WorkingHoursAndTimeOff/index.htm
http://www.businesslink.gov.uk/bdotg/action/layer?r.l1=1073858787&topicId=1073858926&r.lc=en&r.s=tl
8. Money
Income Tax
Tax Credits
Pension Credits
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Accommodation providers can join today for £29.95 pa (thats just £7.50 per quarter by Standing Order) plus assessment. (Note:- Assessment is not required if another approved body like VisitBritain or the AA accreditation has been valid at anytime during the same calendar year)
The accommodation for Yes Hotel membership must pass an assessment by an
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hotel is clean, comfortable and friendly and meets all the appropriate
legislation there is no reason why it should not be accepted!
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