0370 270 6000

Compliance - small businesses and new regulation

28 June 2022

The Federation of Small Businesses (FSB) has released a report setting out the impact of new and changing regulations arising from the pandemic on small business across the UK.

The report draws conclusions from nearly 1,000 small businesses and found that nearly 25% felt it was not clear which Covid requirements were enforceable by law as opposed to non-mandatory government guidance. Frustration was described by many in relation to this lack of clarity.

The report also concluded that the degree of impact of any new regulations, Covid or otherwise, varied depending on the businesses pre-existing regulatory engagement. For businesses already heavily regulated the task of complying with new regulations was less impactful than those lightly regulated.

The report contains a number of recommendations which includes directing the Government to minimise the restrictions imposed on small businesses and where helpful publish illustrative examples of compliance, to distinguish between mandatory obligations and guidance.

The FSB urges the Government to learn lessons from the implementation of Covid-19 regulations in order to create a more commercial and better understood regulatory environment.

If you require any advice on the distinction between law and guidance as it relates to regulatory compliance in your business, please do not hesitate to get in touch with the Criminal Compliance and Regulatory team.

Related opinions

Covid Rent Arrears: Cinema operators’ appeals dismissed

The Court of Appeal has dismissed two cases regarding rent arrears accrued during the Covid lockdowns. The cases are London Trocadero (2015) LLP v Picturehouse Cinemas Ltd and Bank of New York Mellon (International) Ltd v Cine-UK Ltd.

View blog

Unions bowled over by strike legislation

As of 21 July, two separate pieces of legislation came into force which seeks to mitigate against strike action. It should come as no surprise that this is a direct response to the rail strikes, which have dominated the news in the last couple of months.

View blog

Proceed with caution – covenants in franchise agreements

In the recent case of Dwyer (UK Franchising) Limited v Fredbar Limited and ano’r [2022] EWCA Civ 889, the Court of Appeal considered the reasonableness of restrictive covenants in a franchise agreement.

View blog

Court of Appeal overturns “fire and re-hire” injunction

The Court of Appeal overturned the “fire and re-hire” injunction, finding that there was nothing in the express contractual provisions preventing Tesco from giving the notice to terminate employment in the usual way.

View blog

Mailing list sign up

Select which mailings you would like to receive from us.

Sign up