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I have just started a new business in a leased shop within a complex of other similar shops. The landlord told me it was ok to bring my six month old into work with me before I signed the lease and now I am here he tells me she can’t come into my own shop for health and safety reasons. Please can you give any advice on the legislation which may stop her coming with me to work.
Thanks for your question. Unfortunately your question does not fall under employment law and I am therefore unable to provide you with a full response. The issue is between you as a tenant and your landlord. You will need to check the terms of your lease as generally a lease will contain a clause stating that you must comply with all legislation (which would include your duties under health and safety legislation). In this case you would breach the terms of your lease if you fail to comply with the legislation.
You may also be able to argue that you entered the lease based on a misrepresentation i.e. that you could take your child to work, and therefore the lease should be put aside because this was an incorrect statement made by your landlord. However you will need to consult a specialist property litigator and health and safety expert for proper advice and to establish whether this is a possibility. I suggest that at this point you ask your landlord for full details of the health and safety legislation he is referring to and question why he told you it was acceptable to bring your child into work.
Whilst every care has been taken in compiling this answer, WorkingMums cannot be held responsible for any errors or omissions. This information is not intended to be a substitute for specific legal advice.