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Will a franchisor ensure I operate my business within the required health and safety guidelines of the sector I operate in?
Shelley Nadler writes:
The franchisor should provide health and safety guidelines appropriate to the sector the franchise operates in as part of the franchise manual.
There will be an obligation on the franchisee to comply with all laws and regulations applicable to the business.
Initial and ongoing training provided to franchisees and their employees will include health and safety procedures. The franchisor will train the franchisee and will usually require the franchisee to train their employees and ensure they comply with all obligations.
There may also be a requirement for the franchisee to carry out risk assessments to identify hazards and assess risks.
A franchisee, as an employer and business owner, is required by law to protect their employees and others from harm. Failure to do so can lead to criminal liability and the person affected may make a claim for compensation under civil law.
Franchisors often audit and inspect franchisees. For food businesses in particular, franchisees can expect part of this assessment to include compliance with health and safety and food safety procedures and processes.
If a franchisee does not comply with health and safety requirements, a franchisor may require these deficiencies are remedied fairly quickly. If they’re not, it may lead to the termination of the franchise agreement.
Shelley Nadler is a legal director in Bird & Bird’s international franchising team and has many years’ experience of advising on all aspects of franchising.
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