Business Law and Alternative Dispute Resolution

The provided report explores various legal obligations and laws affecting businesses, including employee rights, workers' compensation, and harassment. A case study is presented, along with recommendations for utilising intervention and mediation strategies to resolve work-related issues. The report also discusses alternative dispute resolution methods, such as arbitration and mediation, which can be used by businesses to settle disputes in a private and transparent manner.

BUSINESS LAW

TABLE OF CONTENTS
INTRODUCTION...........................................................................................................................1
LO 1.................................................................................................................................................1
P1 Structure of English legal system and various sources of law ..............................................1
P2 Role of government in making law .......................................................................................2
LO 2.................................................................................................................................................2
P3 (a)Legal commitment of boss and effect of law on association ............................................2
B. Impact of contract and employment law on business ............................................................3
LO 3.................................................................................................................................................4
P4 Legal solutions for given scenario ........................................................................................4
P5 Justification............................................................................................................................5
LO 4.................................................................................................................................................5
a) Concept and benefits of using the Alternative Dispute resolution process.............................5
b) Recommendations ..................................................................................................................6
CONCLUSION................................................................................................................................7
REFERENCES................................................................................................................................8

INTRODUCTION
Business law is a body that regulates each and every commercial situation arises in an
organisation or business. It provides various indications to firms for running their business
activities legally according the laws and regulations. This judicial framework assists in reducing
problems or issues in a business or organisation. The present report will determine application of
business law on a company to achieve success or goal. The English legal system will be
described in brief along with various sources of laws.
LO 1
P1 Structure of English legal system and various sources of law
English lawful framework is best known to have a progressive structure; The Supreme
Court is the fundamental body who has principle energy to take different choice with respect to
various cases. The Supreme Court handles cases which require particular specialist and power.
This court additionally illuminates the cases which are being sent by the other little courts.
Alternate courts under incomparable court needs to take after those choices. The Supreme Court
is likewise known as House of Rulers. Amid the year 1966 every one of the courts will
undoubtedly take after the choice made by the higher specialists inside a specific juridical
framework. Alternate courts in the country or nation entirely limited to take after the choices
made by the incomparable court (Macaulay and et.al, 2018). The English legitimate framework
is sectioned into two zones which are affable and crooks. Court of offer, Magistrates Court and
Crown Court goes under the criminal zone or segment though High Court of Equity and Nation
Council go under the common region or segment.
There are different sources of laws which are as portrayed beneath -
1. Statutory law – It is an exceptionally fundamental component of law that is sorted out
by the Parliament of UK. This comprises of contract, well-being and security, protection
related laws. It has turned into the most well known wellspring of laws change since the
seventeenth century.
2. European Union law – It is a sort of law which is produced with the inception of
European law. It dealt with every one of the tasks or exercises identified with an
organization or business, for example, work law, contract law and so on. Organization
law is a critical component of European Union law which manages different direction
that causes association to maintain the business and its activities effectively and easily.
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3. Customary law – The precedent-based law is another collection of control set up by the
English Council's' judgements. It is associated with the utilization of American
individuals and traditions (Allen and et.al, 2016).
P2 Role of government in making law
Law making is considered as one of the import some portion of parliament. In the law-
production process there are few members the individuals who contribute well in making a
viable enactment. Government assumes noteworthy part in this procedure. Government time to
time roll out improvements in the enactment with the goal that they can keep shielded and can
keep them from unreasonable practices. Same concerning smooth working of business specialists
influence alterations in the direction that to help in smooth working of the association.
In UK, any law which is made by the Parliament incorporates obligations and basic
leadership perspectives. Under the watchful eye of making any law concern specialists test the
thoughts, discover outcomes that are related with it and do obligation on the point. On the bases
of this talk ultimate choice of making new law is taken by the administration. For example if
specialists wants to present particular bill then they organize face off regarding and present the
reports identified with this to the business and authoritative board of trustees. This procedure of
influencing a law to go through different stages from parties, board of trustees to conclusive
stage.
LO 2
P3 (a) Legal commitment of boss and effect of law on association
1. Employer's legitimate commitment - Word related security and Health - Law identified
with well-being and security connected to UK entirely. It is the obligation of boss that to
keep up health and security in the association. Individual needs to make legitimate
courses of action in the work environment with the goal that no staff individuals can get
harmed. In the event that any of the representatives is getting harmed then business will
be committed to pay authoritative fines under the criminal approvals. According to the
society line of article 4 it is said that proprietor of the association has obligation to make
course of action of health and security in the working environment. It is vital for the
business that to keep up the sound condition in the work environment. So representatives
can play out their duties in powerful way and they don't confront any obstacle(MacIntyre
and et.al, 2018).
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2. Workers remuneration - Businesses need to give protection offices to the
representatives. It is incorporated into the statutory arrangement under the labourer's
remuneration enactment. It is the obligation of a business that to cover risk of its
profitable staff individuals. That aide in boosting their vitality and influencing them to
feel protected and secure. Employer needs to guarantee that its labourers are ensured
against the hazard, for example, mishaps at working environment, word related illness,
demise and so forth. Employer needs to give its workers health advantage. In this regard
proprietor of the organization makes contract with the protection firms the individuals
who cover danger of each staff individuals. Be that as it may, premium paid by boss for
the protection cover and this premium is deducted from the representative's
compensation.
3. Equal Opportunities - Correspondence Act 2010 clarifies that each organization needs
to give break even with chances to all staff individuals, there ought not to be any sort of
segregation on the bases of age, race, religion and so on. Business needs to guarantee that
powerful against segregation hones follow in the working environment entirely.
Commitments of manager in this regard are as beneath kept up: Manager is mindful to
enrol applicants on the bases of their abilities and experience. It ought not to be on the
bases of race, age or bias. Boss needs to guarantee that advancements done in the work
environment on the bases of execution of person (Murray and et.al, 2015). There ought
not to be any sort of separation. To keep up this reasonable condition in the substance is
the duty of proprietor.
4. Harassment - Provocation at the work environment is totally illicit and if any such case
happens in the association then business will be subject to confront results for the same.
Provocation act obviously clarifies that such sort of irritation are disallowed in the
enterprises. Badgering strategy characterizes the statutory commitment of manager: It is
the obligation of boss that to make individuals mindful with the provocation strategy, its
manage and directions. Proprietor needs to give important handbook, manuals and
different reports with the goal that such kind of conditions can be maintained a strategic
distance from in the work environment.
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B. Impact of contract and employment law on business
As per case Country pine can be affected by law developed by English legal structure if
the employees are law employed. According to law if an individual is working in an organization
he or she is covered with employment rights or obligation established by the legal system. The
employees working in country pine have various rights and obligations such as rates of pay,
leaves, hours of work etc. The Organization needs to develop various strategies considering all
the employment rights. Organization also provide goods and services to people for which it is
important to consider consumer rights or related laws which refers to right to quality, right to be
known, replacement or refund policies etc (Davidson and et.al, 2015)
LO 3
P4 Legal solutions for given scenario
Country pine has been operating as a Sole trader, the accountancy team suggested to
transfers CP into a limited or registered company. There are various changes or legal
requirement of a registered company which needs to be considered by Directors of the company.
Roles of Director
 To follow organization's rules as mentioned in its articles of association
 Keeping report changes and company records
 Filing the accounts and company tax return
 Paying corporate tax
The Country Pine can generate funds or capital from various methods such as
1. Boot Strapping – This is a common capital generating method in which employer or
owner of a firm invest his or her saving in a business.
2. Crowd Funding – This is another effective method of capital generation, this method
includes loans, pre-order or contribution.
3. Angel Investment – There are individuals’ known as investors who are willing to invest
in start-ups or growing businesses, organisation such as Country pin can raise capital
from these investors easily.
Country pine also observed that there can be a conflict or issue which may be arise due to
the supply of defected flat pack by Poland supplier. There have been many situations when few
of the flat packs consist defects or damage. Generally Polish suppliers made refunds to Country
Pine but CP was aware that with the increase in supply it might be possible that it may develop a
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conflict situation due to quality of flat packs supplied. It may be possible that there can be a legal
dispute between suppliers and organisation.
P5 Justification
Country pine should focus on fulfilling the entire legal requirement needed by a
registered organization or company. There must professional accountants, managers and other
employees who can handle all the legal documentations, records and other requirements to
operate business activities legally.
The Directors need to perform their duties effectively so that company can operate its
functions legally. The Country pine also needs to discuss issues related to damaged or defected
goods supplied by Polish suppliers. It is important to discuss things for sorting them outside the
court. It helps in avoiding the damage to companies’ image and value in the market. The
defected goods are unacceptable as it is against legal trade policies and laws (Beatty and et.al,
2018).
LO 4
a) Concept and benefits of using the Alternative Dispute Resolution Process
Alternative dispute determination can be characterized as process through which parties
can resolve their issues. There are a few strategies go under this procedure, for example,
impartial assessment, shared law, intervention and so forth. Conflict instance of Country Pine
and Supplier is long case and to determine this intercession and synergistic law systems can be
helpful. Elective Determination Process can help in tackling the work environment issues and
making peace in nature.
Intercession is the procedure in which experts can influence compelling correspondence
with two parties to recognize the primary driver of this Conflict. In this procedure, outsider listen
perspective of both included individual and give appropriate arrangement top purpose their
issues. In this regard the two parties need to concur the choice of the go between and through
shared understanding this Conflict gets settled soon.
On other hand Alternative dispute determination process includes mediation. In which
authority settle the issue of both included people. It is useful procedure when Conflict get emerge
in any business or global business exchanges. On account of Country pine this Alternative
dispute resolution method can be effective.
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Illustration 1: Alternative Dispute Resolution Process
(Source: Alternative Dispute Resolution Methods, 2013)
Advantages of Alternative Dispute Resolution Process
1. One of the favorable positions of utilizing this procedure is that it is stopped
straightforward as contrast with other grievance determination strategies.
2. In both these techniques issue of the question stay private, it doesn't get talked about
transparently with other individuals (Kubasek and et.al, 2015).
b) Recommendations
Country pine and Poland supplier were willing to have issues because of unacceptable
work or product quality of the supplied goods. The Suppliers should ensure that flat packs do not
contain any damage while been supplied to CP.
There must be a contract which consist limitation of damaged product which will be
acceptable. With a specific end goal to keep up work life adjust both included parties can utilize
intervention and mediation strategies; it will help them in settling their work issues. They should
take support of non-partisan assessment strategy. This business relationship is helpful for two
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people so it is vital that they assess their mix-ups by possess. That would help in settling this
conflict soon if arise.
Conclusion
The above report concluded that there are various important laws and regulations which
are required to be considered by every organization to operate their business activities
successfully and effectively. The report described the English legal system and sources of laws
affecting or influencing business activities and operations. Furthermore, the report also
determined various legal obligations such as Employees rights, workers compensation,
harassment etc in an organization or business. Furthermore, the case was described along with
appropriate solution techniques and recommendations.
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REFERENCES
Books and Journals
Kubasek, N., Browne, M.N., Dhooge, L.J., Herron, D.J., Williamson, C. and Barkacs, L.L.,
2015. Dynamic business law. McGraw-Hill Education.
Beatty, J.F., Samuelson, S.S. and Abril, P.S., 2018. Business law and the legal environment.
Cengage Learning.
Davidson, D.V., Forsythe, L.M. and Knowles, B.E., 2015.Business law: Principles and cases in
the legal environment. Wolters Kluwer Law & Business.
Murray, J., 2015. Corporate Shield-Corporate Veil-Piercing the Corporate Veil. US Business
Law: Tax Categories.
MacIntyre, E., 2018. Business law. Pearson UK.
Macaulay, S., 2018. Non-contractual relations in business: A preliminary study. In The Law and
Society Canon (pp. 155-167). Routledge.
Allen, W.T. and Kraakman, R., 2016. Commentaries and cases on the law of business
organization. Wolters Kluwer law & business.
Online
Alternative Dispute Resolution Methods. 2013. [Online]. Available through:
<http://www.mondaq.com/turkey/x/261366/Arbitration+Dispute+Resolution/
Alternative+Dispute+Resolution+Methods>. [Accessed on 27th July 2017].
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