Business Law Report
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This report analyzes various aspects of UK business law, including parliamentary sovereignty, sources of law, and the law-making process. It examines the impact of key regulations on businesses and provides legal advice on creditor threats, injunctions, and alternative dispute resolution methods.
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BUSINESS
LAW
1
LAW
1
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Table of Contents
INTRODUCTION..............................................................................................................3
TASK 1.............................................................................................................................3
P1. Meaning of statement “Parliament is Sovereign” and the various sources of UK
Laws............................................................................................................................. 3
P2. The role of government in the law making process and the way statutory and
common laws are applied in justice courts...................................................................4
TASK 2............................................................................................................................. 5
P3. Potential implications and impact of the Health and Safety regulations
Equal Opportunities regulations and
General Data Protection Regulation (GDPR)...............................................................6
Section 2.......................................................................................................................... 9
P4. Provide appropriate legal advice based on case law or statutes to; Champion Ltd
on whether the creditors has legal powers for threatening and the
processes for liquidation..............................................................................................9
P5. Amber Ltd on the possibility of getting the injunction...........................................11
P6. Recommend an alternative legal solution to what is suggested in a(ii) based on a
different legal framework. Compare and contrast the effectiveness of these solutions.
....................................................................................................................................11
CONCLUSION............................................................................................................... 12
...................................................................................................................................... 12
REFERENCES.................................................................................................................1
2
INTRODUCTION..............................................................................................................3
TASK 1.............................................................................................................................3
P1. Meaning of statement “Parliament is Sovereign” and the various sources of UK
Laws............................................................................................................................. 3
P2. The role of government in the law making process and the way statutory and
common laws are applied in justice courts...................................................................4
TASK 2............................................................................................................................. 5
P3. Potential implications and impact of the Health and Safety regulations
Equal Opportunities regulations and
General Data Protection Regulation (GDPR)...............................................................6
Section 2.......................................................................................................................... 9
P4. Provide appropriate legal advice based on case law or statutes to; Champion Ltd
on whether the creditors has legal powers for threatening and the
processes for liquidation..............................................................................................9
P5. Amber Ltd on the possibility of getting the injunction...........................................11
P6. Recommend an alternative legal solution to what is suggested in a(ii) based on a
different legal framework. Compare and contrast the effectiveness of these solutions.
....................................................................................................................................11
CONCLUSION............................................................................................................... 12
...................................................................................................................................... 12
REFERENCES.................................................................................................................1
2
INTRODUCTION
Business law refers to legal framework under which an organisation operates. It
deals with issue of both private and public law and provides rights and regulations in
relation to employment, hiring practices, security law, intellectual property and other
matters related to business. This report discusses about the various sources of laws in
UK and the concept of parliament sovereignty. Further, discuss about the role of
government in law making process and how common and statutory law is applied in the
court. The various laws in UK to which company should be complied like, General Data
Protection Regulation, Equality Act and Health and Safety Act.
TASK 1
P1. Meaning of statement “Parliament is Sovereign” and the various sources of UK
Laws
“Parliament is Sovereign”; the meaning of statement is that Parliament has
supreme legal authority in UK which means it can make or end any law in country. This
is a principle of United Kingdom and one of the most important parts of the constitution
of United Kingdom. The parliament sovereignty has three principal aspects i.e. no
parliament can be a successor or predecessor. It is a supreme body and can enact or
end any law in respect of any subject matter. No person or body except any court of law
can question about validity of the law. The constitution of United Kingdom is partly
written and wholly uncodified which means a large part of its constitution is not in a
written form unlike other countries like USA and India.
Parliament has passed many laws to limit the sovereignty of UK parliament. They
are Human Rights Act, 1988, Entry of UK into European Union, 1973 and establishment
of High Court in the UK which ends power of Lord's function (Gordon,2015).
The term sources of law refers to Constitution, Statutes and Treaty or Custom
that provides authority to take any judicial decision or any legislative actions. The main
principal sources of UK laws are Statues, Common Law and Law from EU.
Statues refers to the legislation from UK and developed parliament. The statues
are act of parliament and it is binding in nature which means that it cannot be
challenged in any English Court. The sovereign body of United Kingdom consists of
Queen whose role is purely formal and the House of Commons which is a main body
3
Business law refers to legal framework under which an organisation operates. It
deals with issue of both private and public law and provides rights and regulations in
relation to employment, hiring practices, security law, intellectual property and other
matters related to business. This report discusses about the various sources of laws in
UK and the concept of parliament sovereignty. Further, discuss about the role of
government in law making process and how common and statutory law is applied in the
court. The various laws in UK to which company should be complied like, General Data
Protection Regulation, Equality Act and Health and Safety Act.
TASK 1
P1. Meaning of statement “Parliament is Sovereign” and the various sources of UK
Laws
“Parliament is Sovereign”; the meaning of statement is that Parliament has
supreme legal authority in UK which means it can make or end any law in country. This
is a principle of United Kingdom and one of the most important parts of the constitution
of United Kingdom. The parliament sovereignty has three principal aspects i.e. no
parliament can be a successor or predecessor. It is a supreme body and can enact or
end any law in respect of any subject matter. No person or body except any court of law
can question about validity of the law. The constitution of United Kingdom is partly
written and wholly uncodified which means a large part of its constitution is not in a
written form unlike other countries like USA and India.
Parliament has passed many laws to limit the sovereignty of UK parliament. They
are Human Rights Act, 1988, Entry of UK into European Union, 1973 and establishment
of High Court in the UK which ends power of Lord's function (Gordon,2015).
The term sources of law refers to Constitution, Statutes and Treaty or Custom
that provides authority to take any judicial decision or any legislative actions. The main
principal sources of UK laws are Statues, Common Law and Law from EU.
Statues refers to the legislation from UK and developed parliament. The statues
are act of parliament and it is binding in nature which means that it cannot be
challenged in any English Court. The sovereign body of United Kingdom consists of
Queen whose role is purely formal and the House of Commons which is a main body
3
that creates legislation in the form of statues. The formation of statues started from
green consultative paper. Then proposals is been drafted in the form of bill before
parliament. It codifies certain rules that are to be followed by the judges in court. Statue
law works with common law for smoother functioning of courts and parliament (Beesley
and et. al, 2013).
Common Law The effect legal precedent that is been made by the judges who
are present in court room i.e. this law is also known as judge made law or case law.
Common law keeps on changing depending upon the case that arrived in courts. In this
law, judges interpret the case by using their knowledge with regard to legal aspects,
common sense and by applying the fact of previous principle or rules. English law works
on the system of common law and not on the set legal statues. This law ensures that it
remains common throughout the land of UK. This law was originated by the King
Benches and court of Common Pleas. Common law helps in keeping statue law up to
date in order to cope up with changes and problems. It helps in creating precedents at
place when there is no statutory clarification is given.
European Union It is the body of treaties, courts and law that operates with legal
system of EU members countries. At, the time of conflict between national law and
European Union law. The decision authority lies within hands of European Union and it
is binding to all member states. There is a European Commission that ensures
European Union law is effectively applied. This law is divided into two sections which is
primary and secondary. In primary legislation, the treaties are formed which act as base
for all the actions of European Union. Whereas, directives, decision and regulations are
formed from the principles and objectives of treaties in secondary legislation (Berkowitz,
Lin and Ma, 2015).
The members of chambers regularly advises and appear in cases concerning
European Union law in wide variety of context both in domestic and General court. The
Barristers members within European Union provide their particular expertise in field of;
Free movement of persons and European Union citizenship,state Aid, The Charter of
Fundamental Rights.
4
green consultative paper. Then proposals is been drafted in the form of bill before
parliament. It codifies certain rules that are to be followed by the judges in court. Statue
law works with common law for smoother functioning of courts and parliament (Beesley
and et. al, 2013).
Common Law The effect legal precedent that is been made by the judges who
are present in court room i.e. this law is also known as judge made law or case law.
Common law keeps on changing depending upon the case that arrived in courts. In this
law, judges interpret the case by using their knowledge with regard to legal aspects,
common sense and by applying the fact of previous principle or rules. English law works
on the system of common law and not on the set legal statues. This law ensures that it
remains common throughout the land of UK. This law was originated by the King
Benches and court of Common Pleas. Common law helps in keeping statue law up to
date in order to cope up with changes and problems. It helps in creating precedents at
place when there is no statutory clarification is given.
European Union It is the body of treaties, courts and law that operates with legal
system of EU members countries. At, the time of conflict between national law and
European Union law. The decision authority lies within hands of European Union and it
is binding to all member states. There is a European Commission that ensures
European Union law is effectively applied. This law is divided into two sections which is
primary and secondary. In primary legislation, the treaties are formed which act as base
for all the actions of European Union. Whereas, directives, decision and regulations are
formed from the principles and objectives of treaties in secondary legislation (Berkowitz,
Lin and Ma, 2015).
The members of chambers regularly advises and appear in cases concerning
European Union law in wide variety of context both in domestic and General court. The
Barristers members within European Union provide their particular expertise in field of;
Free movement of persons and European Union citizenship,state Aid, The Charter of
Fundamental Rights.
4
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P2. The role of government in the law making process and the way statutory and
common laws are applied in justice courts
Parliament has the supreme legal authority in UK. It examines the work of
government and debate on formation of any law and approves them. The two legal
bodies are involved in law making process which are House of Lords and House of
Commons. They together make a parliament. House of Commons are the members of
parliament whereas, House of Lords are appointed by government (Cole, 2017). The bill
can still become a law even it is been rejected or not approved by Lords. The stages of
law making in government include Bill, First and Second Reading, Committee or Report
Stage, Third reading, House of Lords and Royal Ascent.
Bill contains details of proposed laws made by the civil authorities with
instructions provided by government. There are three types of Bills which are Public,
Private and Private Members Bill. The next step after presentation of Bill is First
reading. In this the title of bill and what all it includes within it are read out to the House
of Commons. After, Bill passes the procedure of First Reading it goes further to another
pace i.e. Second Reading, here the bill is discussed and Members of Parliament make
vote on whether the bill should be passed or not. At this stage, whip system is used to
get support from political parties which means majority would win and the result is
winning of current ruling party.
The process continues and Bill passes to Committee Stage. At this stage the bill
is represented to the House of Commons for detailed examination. Their changes can
be made in the bill if required. Next pace is Report Stage. When the Bill arrived at this
stage the committee who is responsible for reporting, report in the house about the
amendments and debate. Bill is further voted to by the House. Third reading, here it is
represented to house and short debate is done and vote is made for its approval or
rejection. House of Lords. There the Bill is sent to Lords to undergo through the above
mentioned five stages. They made amendments and the bill is sent back to House of
Commons to verify them. The last step in the whole procedure of Bill forming as law is
that Bill passes to Royal Ascent. This is the last stage where monarch or queen
approved the bill and it has become an Act of Parliament (Rasch and et. al 2013).
5
common laws are applied in justice courts
Parliament has the supreme legal authority in UK. It examines the work of
government and debate on formation of any law and approves them. The two legal
bodies are involved in law making process which are House of Lords and House of
Commons. They together make a parliament. House of Commons are the members of
parliament whereas, House of Lords are appointed by government (Cole, 2017). The bill
can still become a law even it is been rejected or not approved by Lords. The stages of
law making in government include Bill, First and Second Reading, Committee or Report
Stage, Third reading, House of Lords and Royal Ascent.
Bill contains details of proposed laws made by the civil authorities with
instructions provided by government. There are three types of Bills which are Public,
Private and Private Members Bill. The next step after presentation of Bill is First
reading. In this the title of bill and what all it includes within it are read out to the House
of Commons. After, Bill passes the procedure of First Reading it goes further to another
pace i.e. Second Reading, here the bill is discussed and Members of Parliament make
vote on whether the bill should be passed or not. At this stage, whip system is used to
get support from political parties which means majority would win and the result is
winning of current ruling party.
The process continues and Bill passes to Committee Stage. At this stage the bill
is represented to the House of Commons for detailed examination. Their changes can
be made in the bill if required. Next pace is Report Stage. When the Bill arrived at this
stage the committee who is responsible for reporting, report in the house about the
amendments and debate. Bill is further voted to by the House. Third reading, here it is
represented to house and short debate is done and vote is made for its approval or
rejection. House of Lords. There the Bill is sent to Lords to undergo through the above
mentioned five stages. They made amendments and the bill is sent back to House of
Commons to verify them. The last step in the whole procedure of Bill forming as law is
that Bill passes to Royal Ascent. This is the last stage where monarch or queen
approved the bill and it has become an Act of Parliament (Rasch and et. al 2013).
5
Statutory law refers to the legal rules or regulations which are made in order to
prohibit the behaviour of public. These laws are made by the government to keep
citizens of country safe and assist them to properly function. When any citizen broke the
statutory law then that person is liable to have predetermined punishment in proportion
to the crime done by the citizen. The court can also address any issue with help of
statutory law if the issue cannot be resolved by the judge or court’s decision. They are
mandotry in nature (Eijffinger, 2012).
Common law refers to the law made through the decision of judges or court with
regards to the prior case of similar nature. This law works on basis of certain principles.
The decision is made by the Supreme Court and lower courts are bound to follow them.
Precedents allows a degree of flexibility and exceptions are also made when required in
the law. The areas of tort, contract and property exist within common law. The
combination of both the law is been followed by UK which is important for proper
functioning of judiciary service and help in serving the justice in the country.
TASK 2.
Section 1
P3. Potential implications and impact of the Health and Safety regulations Equal
Opportunities regulations and General Data Protection Regulation (GDPR).
Health and Safety regulations means to assure the health and safety of the
employees at work in UK the law is been applied at the workplace known as Health and
Safety at Work Act, 1974 (HASWA). This Act sets out certain duties for employers
towards employees and public. It ensures protection against the risk to health or safety
in relation to the activities conducted by person at work. The duties are qualified in the
principle of “so far as is reasonably practicable”. In other words it means that employer
is not responsible to take measures in order to avoid and reduce the risk if it is not
technically possible and if the time, trouble and cost of the measure is grossly
disproportionate to the measure (Avey, Wernsing and Palanski,2012).
This law requires how good management and common sense would address the
employer to look over the risk and take sensible measure to tackle them within time.
Modern Health and Safety law of the country is based on the European principle of risk
assessment. The Risk assessment in any company should be simple. It should be
6
prohibit the behaviour of public. These laws are made by the government to keep
citizens of country safe and assist them to properly function. When any citizen broke the
statutory law then that person is liable to have predetermined punishment in proportion
to the crime done by the citizen. The court can also address any issue with help of
statutory law if the issue cannot be resolved by the judge or court’s decision. They are
mandotry in nature (Eijffinger, 2012).
Common law refers to the law made through the decision of judges or court with
regards to the prior case of similar nature. This law works on basis of certain principles.
The decision is made by the Supreme Court and lower courts are bound to follow them.
Precedents allows a degree of flexibility and exceptions are also made when required in
the law. The areas of tort, contract and property exist within common law. The
combination of both the law is been followed by UK which is important for proper
functioning of judiciary service and help in serving the justice in the country.
TASK 2.
Section 1
P3. Potential implications and impact of the Health and Safety regulations Equal
Opportunities regulations and General Data Protection Regulation (GDPR).
Health and Safety regulations means to assure the health and safety of the
employees at work in UK the law is been applied at the workplace known as Health and
Safety at Work Act, 1974 (HASWA). This Act sets out certain duties for employers
towards employees and public. It ensures protection against the risk to health or safety
in relation to the activities conducted by person at work. The duties are qualified in the
principle of “so far as is reasonably practicable”. In other words it means that employer
is not responsible to take measures in order to avoid and reduce the risk if it is not
technically possible and if the time, trouble and cost of the measure is grossly
disproportionate to the measure (Avey, Wernsing and Palanski,2012).
This law requires how good management and common sense would address the
employer to look over the risk and take sensible measure to tackle them within time.
Modern Health and Safety law of the country is based on the European principle of risk
assessment. The Risk assessment in any company should be simple. It should be
6
complicated only if the firm is involved in nuclear power station, a chemical plant, an oil
rig or a laboratory. The organisation is responsible to carry out following measures i.e.,
make arrangements for implementation of health and safety measures in context to risk
assessment. Appoint a competent staff to implement these measures. Set up an
emergency procedure to be followed at time of risk. Provide training to employees and
clear information about the risk at workplace. The employer should work together with
other employers or owners sharing the same workplace.
There are Health and Safety Executive that publishes guidance in relation to
work or a particular process used in a number of industries. The employer can contact
to these executive in relation to health and safety measures. The main aim of this
guidance is: To help people understand what law says and how to be complied with the
law. It gives technical advice when required by employer. These guidelines are not
mandatory to be followed but if the employer follows them it would help it to comply with
health and safety regulations. Further, it upgrades guidance due to change in
technology, risk and the measures.
Approved Code of Practice it has legal statues, if any employer is found guilty
of not for breaching of health and safety regulations and it is proved that employer does
not follow the Approved Code of Practice then he would be at fault in the eyes of court.
These codes are generally given by HSE in order to comply with the law. They deal with
a wide range of hazardous practice or materials at workplace. The employer of JPM is
advised to follow the Health and Safety regulations Approved code of Conduct for there
employees at workplace. This would further help company to easily comply with the
Health and Safety Act (Haigh, 2013).
Regulations these are laws which is approved by the parliament. They are made
under Health and Safety Act. Some issues are complicated and cannot be resolved by
the employer and the measure for risk is costly thus, regulations specifies these risk and
set an action to be taken. There are certain kinds of regulations which is been applied at
all companies like Manual Handling which is applied wherever things are moved to any
place by hand or body forcibly and Display Screen Regulation applied where Visual
Display Units are been used. The JPM company has to use these above mentioned
regulations at their workplace (Zanko and Dawson, 2012).
7
rig or a laboratory. The organisation is responsible to carry out following measures i.e.,
make arrangements for implementation of health and safety measures in context to risk
assessment. Appoint a competent staff to implement these measures. Set up an
emergency procedure to be followed at time of risk. Provide training to employees and
clear information about the risk at workplace. The employer should work together with
other employers or owners sharing the same workplace.
There are Health and Safety Executive that publishes guidance in relation to
work or a particular process used in a number of industries. The employer can contact
to these executive in relation to health and safety measures. The main aim of this
guidance is: To help people understand what law says and how to be complied with the
law. It gives technical advice when required by employer. These guidelines are not
mandatory to be followed but if the employer follows them it would help it to comply with
health and safety regulations. Further, it upgrades guidance due to change in
technology, risk and the measures.
Approved Code of Practice it has legal statues, if any employer is found guilty
of not for breaching of health and safety regulations and it is proved that employer does
not follow the Approved Code of Practice then he would be at fault in the eyes of court.
These codes are generally given by HSE in order to comply with the law. They deal with
a wide range of hazardous practice or materials at workplace. The employer of JPM is
advised to follow the Health and Safety regulations Approved code of Conduct for there
employees at workplace. This would further help company to easily comply with the
Health and Safety Act (Haigh, 2013).
Regulations these are laws which is approved by the parliament. They are made
under Health and Safety Act. Some issues are complicated and cannot be resolved by
the employer and the measure for risk is costly thus, regulations specifies these risk and
set an action to be taken. There are certain kinds of regulations which is been applied at
all companies like Manual Handling which is applied wherever things are moved to any
place by hand or body forcibly and Display Screen Regulation applied where Visual
Display Units are been used. The JPM company has to use these above mentioned
regulations at their workplace (Zanko and Dawson, 2012).
7
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The case which highlighted this employer/employee duty was Wilsons and Clyde Coal
Co. Ltd v English (1938), where Lord Wright said: "The whole course of authority
consistently recognises a duty which rests on the employer, and which is personal to
the employer, to take reasonable care for the safety of his workmen, whether the
employer be an individual, a firm or a company, and whether the employer takes any
share in the conduct of the operations." the House Of Lords stets that employer should
provide; Proper and safe plant equipment. Safe premises, including safe access and
egress.
Equal Opportunities Regulations it refers to The Equality Act, 2010 prohibits
discrimination on employment or in provision with regards to training and education on
the basis of following characteristics i.e., Age, gender, caste, religion, marriage,
pregnancy or maternity and civil partnership. It replaced the earlier discrimination laws
with the single Act. This help in making law easier and provide strength in some
situations.
This Act came in force on October 2010 with provisions like, It provides basic
framework for protection against the Direct and Indirect discrimination, harassment and
Victimisation in service and public functions, work education, association and transport.
It changes the definition of gender reassignment, by removing the medical supervision
requirement. It gives uniform definition to all the characteristics against indirect
discrimination. This law gives clearer protection for breastfeeding of mothers in public.
There are provisions related to work which are; introduce new powers for
employment tribunals to make recommendations which may benefit the whole
workforce, It allows to claim for direct gender pay discrimination. This means JPM has
to provide equal salary to their employees and cannot discriminate on the basis of
gender.
As a part of Equality Act, JPM has a public sector equality which came into force
on April 2011. It eliminates; unlawful discrimination, harassment, victimisation and other
conduct which is prohibited by the Act, foster good relation between people who have
protected characteristics.
The law has certain provisions with regards to disability. The work environment
should be harmonised so that duties can be adjustable for disabled people.
8
Co. Ltd v English (1938), where Lord Wright said: "The whole course of authority
consistently recognises a duty which rests on the employer, and which is personal to
the employer, to take reasonable care for the safety of his workmen, whether the
employer be an individual, a firm or a company, and whether the employer takes any
share in the conduct of the operations." the House Of Lords stets that employer should
provide; Proper and safe plant equipment. Safe premises, including safe access and
egress.
Equal Opportunities Regulations it refers to The Equality Act, 2010 prohibits
discrimination on employment or in provision with regards to training and education on
the basis of following characteristics i.e., Age, gender, caste, religion, marriage,
pregnancy or maternity and civil partnership. It replaced the earlier discrimination laws
with the single Act. This help in making law easier and provide strength in some
situations.
This Act came in force on October 2010 with provisions like, It provides basic
framework for protection against the Direct and Indirect discrimination, harassment and
Victimisation in service and public functions, work education, association and transport.
It changes the definition of gender reassignment, by removing the medical supervision
requirement. It gives uniform definition to all the characteristics against indirect
discrimination. This law gives clearer protection for breastfeeding of mothers in public.
There are provisions related to work which are; introduce new powers for
employment tribunals to make recommendations which may benefit the whole
workforce, It allows to claim for direct gender pay discrimination. This means JPM has
to provide equal salary to their employees and cannot discriminate on the basis of
gender.
As a part of Equality Act, JPM has a public sector equality which came into force
on April 2011. It eliminates; unlawful discrimination, harassment, victimisation and other
conduct which is prohibited by the Act, foster good relation between people who have
protected characteristics.
The law has certain provisions with regards to disability. The work environment
should be harmonised so that duties can be adjustable for disabled people.
8
Provides protection against the harassment of all employees from third parties to
all protected characteristics. It restricts circumstances in which job employer can ask for
job applicants about disability. Thus, JPM Ltd has to be careful while employing
disabled person and should see that it does not violate their dignity and right by asking
about their disability or health issues.
General Data Protection Regulation (GDPR) it refers to regulation imposed by
the European Union with regards to protection of data and privacy for all individuals who
are under EU or European Economic Areas. This regulation provides UK with the
world's strongest data protection. GDPR came into force on 25th May 2018. The main
aim of this regulation is to provide control to local residents of UK over their personal
data and to simplify the regulations of international business in unifying with EU. The
previous data protection act was created in year 1990. This law was not able to cope up
with the change in technologies, GDPR boost the performance of the companies and
helped them to protect the data of their consumers. This regulation provides harmony
with data privacy law of Europe and gives right to each countries to make certain
changes in relates to the Act (Nyrén, Stenbeck and Grönberg,2014.).
The General Data Protection Regulation Act replaces Data Protection Act, 1998
in United Kingdom. The law for data protection was already passed in United Kingdom
before GDPR. It was redrafted and pass it to the House of Commons and House of
Lords.
The scope of General Data Protection Regulation Act is much wider as it covers
all Individuals, organisation and those companies who work as “processor” or
“controller” of personal data. According to European Commission the term personal
data means “any information relating to individual. Whether it is related to his/her
private, professional or public life”, example; Name, photo, e-mail address, bank details
or a a medical information.
Those companies who are covered under this act is accountable to properly
handle the information of their customers. In this act “destruction, loss, alteration,
unauthorised disclosure or access to” information of any person is to be reported to the
legal authority within 72 hours after an organisation comes to know about the breach.
The people who are affected should also inform the regulator about this. Further, those
9
all protected characteristics. It restricts circumstances in which job employer can ask for
job applicants about disability. Thus, JPM Ltd has to be careful while employing
disabled person and should see that it does not violate their dignity and right by asking
about their disability or health issues.
General Data Protection Regulation (GDPR) it refers to regulation imposed by
the European Union with regards to protection of data and privacy for all individuals who
are under EU or European Economic Areas. This regulation provides UK with the
world's strongest data protection. GDPR came into force on 25th May 2018. The main
aim of this regulation is to provide control to local residents of UK over their personal
data and to simplify the regulations of international business in unifying with EU. The
previous data protection act was created in year 1990. This law was not able to cope up
with the change in technologies, GDPR boost the performance of the companies and
helped them to protect the data of their consumers. This regulation provides harmony
with data privacy law of Europe and gives right to each countries to make certain
changes in relates to the Act (Nyrén, Stenbeck and Grönberg,2014.).
The General Data Protection Regulation Act replaces Data Protection Act, 1998
in United Kingdom. The law for data protection was already passed in United Kingdom
before GDPR. It was redrafted and pass it to the House of Commons and House of
Lords.
The scope of General Data Protection Regulation Act is much wider as it covers
all Individuals, organisation and those companies who work as “processor” or
“controller” of personal data. According to European Commission the term personal
data means “any information relating to individual. Whether it is related to his/her
private, professional or public life”, example; Name, photo, e-mail address, bank details
or a a medical information.
Those companies who are covered under this act is accountable to properly
handle the information of their customers. In this act “destruction, loss, alteration,
unauthorised disclosure or access to” information of any person is to be reported to the
legal authority within 72 hours after an organisation comes to know about the breach.
The people who are affected should also inform the regulator about this. Further, those
9
companies who have regular and systematic monitoring of individuals on large scale
must appoint a Data protection Officer (DPO). This means many organisations has to
assign new job role within their company. The DPO is responsible to report to senior
staff members and compile to monitor of General Data Protection Regulation Act. Data
protection Officer is a point of contact for employees and customers.
The impact of General Data Protection Regulation Act will lead many companies
to make changes in their privacy policies and features worldwide in order to comply with
the law. The company can inform their users through e-mails or by on- site notifications
with regards to changes. To comply with the law organisation and companies are given
time of around two years.
When an organisation does not comply or follows the regulation of General Data
Protection Regulation Act, them it I liable to pay compensation in relation to the crime.
The company would be penalised under all the three circumstances i.e., IF an
organisation does not process an individual data, if there is a security breach and If it
requires to have Data Protection Officer and it do not appoint. These monetary policies
in United Kingdom will be decided by Denham's office. The initial punishment would be
£10 million and can be raised to 2% of companies turnover. Those who are found guilty
for big offences are been punished with amount of £20 million or 4% of firm global
turnover.
Thus, compliance of JPM with this law would provide better protection to their
personal information of customers and employees. Being, engaged in publishing
company it required to have GDPR in the organisation. Also, it would help company to
penalise a person in case of breaching of their private data. Further, there is guidance
on how to comply and adopt GDPR in company by Information Commissioner Officer
which would assist the firm and make it easy for organisation to comply with General
Data Protection Regulation Act.
10
must appoint a Data protection Officer (DPO). This means many organisations has to
assign new job role within their company. The DPO is responsible to report to senior
staff members and compile to monitor of General Data Protection Regulation Act. Data
protection Officer is a point of contact for employees and customers.
The impact of General Data Protection Regulation Act will lead many companies
to make changes in their privacy policies and features worldwide in order to comply with
the law. The company can inform their users through e-mails or by on- site notifications
with regards to changes. To comply with the law organisation and companies are given
time of around two years.
When an organisation does not comply or follows the regulation of General Data
Protection Regulation Act, them it I liable to pay compensation in relation to the crime.
The company would be penalised under all the three circumstances i.e., IF an
organisation does not process an individual data, if there is a security breach and If it
requires to have Data Protection Officer and it do not appoint. These monetary policies
in United Kingdom will be decided by Denham's office. The initial punishment would be
£10 million and can be raised to 2% of companies turnover. Those who are found guilty
for big offences are been punished with amount of £20 million or 4% of firm global
turnover.
Thus, compliance of JPM with this law would provide better protection to their
personal information of customers and employees. Being, engaged in publishing
company it required to have GDPR in the organisation. Also, it would help company to
penalise a person in case of breaching of their private data. Further, there is guidance
on how to comply and adopt GDPR in company by Information Commissioner Officer
which would assist the firm and make it easy for organisation to comply with General
Data Protection Regulation Act.
10
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Section 2.
P4. Provide appropriate legal advice based on case law or statutes to;Champion Ltd on
whether the creditors has legal powers for threatening and the processes for
liquidation.
The company can undergo liquidation process by three ways which are,
Compulsory liquidation, Members Voluntary or by Creditors Voluntary liquidation.
Members Voluntary Liquidation: The shareholders of the company along with
directors voluntary liquidates the company by appointing a liquidator to realise the
asserts of firm and distribute them to the members. The company is legally solvent
when they meet its financial obligations and the value of it assets exceeds all its debts
and liabilities (Fan,Titman, and Twite, 2012).
Creditors Voluntary Liquidation: In this form of liquidation companies director
choose to voluntarily bring down the business by appointing a liquidator to liquidate all
its assets. This is different from compulsory liquidation as insolvent company is been
forced to liquidate all it assets. In this process directors involves creditors while
liquidating their assets. This process involves certain steps while liquidating company.
They are; the director's contact an insolvency Practitioner, alternative proposals is
considered, a meeting is held with creditors and a liquidator is appointed and last
companies assets are liquidated (Etherington, and Ingold, 2012).
Compulsory Liquidation: In this form of liquidation companies are been forced
to liquidate there assets and repay there creditors. This process take place when any
unsecured creditors files a petition against the company with regard to the money
invested in company. In this liquidation the process take place in the direction of
liquidator appointed by the court or creditors (Pellerin and Walter, 2012).
In case of Champion Ltd, the liquidation process will be Compulsory Liquidation
as the creditors of company has threatened to file a petition in the court. The legal
process for liquidating assets of business would include certain steps which are as
follows;
The creditors of company would first file a petition in the court asking for the
liquidation of company. The petition would be heard by the judge in court. A judge then
decides at a court hearing whether it is appropriate or not to wind up a company. The
11
P4. Provide appropriate legal advice based on case law or statutes to;Champion Ltd on
whether the creditors has legal powers for threatening and the processes for
liquidation.
The company can undergo liquidation process by three ways which are,
Compulsory liquidation, Members Voluntary or by Creditors Voluntary liquidation.
Members Voluntary Liquidation: The shareholders of the company along with
directors voluntary liquidates the company by appointing a liquidator to realise the
asserts of firm and distribute them to the members. The company is legally solvent
when they meet its financial obligations and the value of it assets exceeds all its debts
and liabilities (Fan,Titman, and Twite, 2012).
Creditors Voluntary Liquidation: In this form of liquidation companies director
choose to voluntarily bring down the business by appointing a liquidator to liquidate all
its assets. This is different from compulsory liquidation as insolvent company is been
forced to liquidate all it assets. In this process directors involves creditors while
liquidating their assets. This process involves certain steps while liquidating company.
They are; the director's contact an insolvency Practitioner, alternative proposals is
considered, a meeting is held with creditors and a liquidator is appointed and last
companies assets are liquidated (Etherington, and Ingold, 2012).
Compulsory Liquidation: In this form of liquidation companies are been forced
to liquidate there assets and repay there creditors. This process take place when any
unsecured creditors files a petition against the company with regard to the money
invested in company. In this liquidation the process take place in the direction of
liquidator appointed by the court or creditors (Pellerin and Walter, 2012).
In case of Champion Ltd, the liquidation process will be Compulsory Liquidation
as the creditors of company has threatened to file a petition in the court. The legal
process for liquidating assets of business would include certain steps which are as
follows;
The creditors of company would first file a petition in the court asking for the
liquidation of company. The petition would be heard by the judge in court. A judge then
decides at a court hearing whether it is appropriate or not to wind up a company. The
11
most common basis for winding up is the company has become insolvent. The process
of wind up start as soon as the petitioner files a petition in the court. The creditors of
company would provide a copy of petition to company and in due period give notice of
petition in London Gazette. There would be hearing at court where Champion Ltd gets
an opportunity to oppose the petition. A judge may give order of winding up or may
dismiss or adjourn the petition (Guéant, Lehalle and Fernandez-Tapia, 2012).
But, if there is a winding up order then Official Receiver would be appointed as a
liquidator. The creditors of Champion Ltd may appoint another individual as insolvency
practitioner, to act as a liquidator. The function of liquidator is to realised the assets of
company and distribute it to the creditors and if the surplus ifs left then provided to the
person entitled.
The unsecured creditors is paid on pro rata basis on the end of the liquidation.
The secured creditors are paid from the proceed sale of secured assets. The petitioner
would be invited to provide details to liquidator for the amount of money invested in
company. Creditors are entitled to receive the details regarding the process of winding
up from liquidator. They have the right to form a committee with other creditors to assist
the liquidator in order to fulfil his functions properly. Further, when creditors feel that
liquidator has not performed the job effectively it can challenge the level of liquidator
remuneration under rule 18.28 and 18.34 of the IR 2016.
As, a Champion Ltd underwent process of Compulsory liquidation powers of
directors will be ceased and they will be dismissed from office of Champion Ltd. Director
of Champion Ltd can request liquidator for process of Disqualification.
The salary of liquidator is paid by company as winding up expense after paying
floating charge security over the assets of business.
Lastly, directors with the creditors of Champion Ltd can held a meeting in order to
dismissed the process of Compulsory Liquidation with mutual agreement. Directors of
company should re-build faith of creditors in order to prevent company from being
indulge in process of Compulsory Liquidation.
12
of wind up start as soon as the petitioner files a petition in the court. The creditors of
company would provide a copy of petition to company and in due period give notice of
petition in London Gazette. There would be hearing at court where Champion Ltd gets
an opportunity to oppose the petition. A judge may give order of winding up or may
dismiss or adjourn the petition (Guéant, Lehalle and Fernandez-Tapia, 2012).
But, if there is a winding up order then Official Receiver would be appointed as a
liquidator. The creditors of Champion Ltd may appoint another individual as insolvency
practitioner, to act as a liquidator. The function of liquidator is to realised the assets of
company and distribute it to the creditors and if the surplus ifs left then provided to the
person entitled.
The unsecured creditors is paid on pro rata basis on the end of the liquidation.
The secured creditors are paid from the proceed sale of secured assets. The petitioner
would be invited to provide details to liquidator for the amount of money invested in
company. Creditors are entitled to receive the details regarding the process of winding
up from liquidator. They have the right to form a committee with other creditors to assist
the liquidator in order to fulfil his functions properly. Further, when creditors feel that
liquidator has not performed the job effectively it can challenge the level of liquidator
remuneration under rule 18.28 and 18.34 of the IR 2016.
As, a Champion Ltd underwent process of Compulsory liquidation powers of
directors will be ceased and they will be dismissed from office of Champion Ltd. Director
of Champion Ltd can request liquidator for process of Disqualification.
The salary of liquidator is paid by company as winding up expense after paying
floating charge security over the assets of business.
Lastly, directors with the creditors of Champion Ltd can held a meeting in order to
dismissed the process of Compulsory Liquidation with mutual agreement. Directors of
company should re-build faith of creditors in order to prevent company from being
indulge in process of Compulsory Liquidation.
12
P5. Amber Ltd on the possibility of getting the injunction.
The term injunction means a judicial order that restrain a person form invading
or pursuing a legal right of another person (Smallbone, Deakins, Battisti and Kitching,
2012). In case of Amber Ltd company could file an injunction process as their employee
Mr Anderson is been hired by its competitor Beta Ltd. The process of injunction refers to
the equitable request that court issues an order to former employee from continuing to
act as violation of the covenant or other applicable laws. This is done to prevent former
employees from using the confidential details of company.
Prohibitory Injunctions: The injunction would prohibit or stop them for working
with competitors. As, Mr Anderson has access to the client records, injunction would
prevent him to call the clients of Amber Ltd.
Mandatory Injunction: These are been applied in very rare cases. Under
Mandatory Injunctions person is compel to carry out certain act like, make reinstitution
to an injured party. In order to reduce competition Amber Ltd can make mutual
agreement with Beta Ltd.
Freezing Injunctions: It is related to fraud, breach of trust and confiscatory
proceedings. In general, these types of Injunctions are related to Bank Accounts. It can
not be applied in case of Amber Ltd as Mr Anderson, has not done any act of breach
with Amber Ltd.
But, in the above scenario Mr Anderson has already served a notice to Amber
Ltd for leaving the company before 12 months and even if the company sent him the
notice of injunction then he could take legal advise in order to prevent the injunction
process. If he fails to take any legal action then he may cost ten to thousands of pounds
as a compensation or penalty to company. This will help to get prevention from the
action of High Court orders (Waters, 2013).
13
The term injunction means a judicial order that restrain a person form invading
or pursuing a legal right of another person (Smallbone, Deakins, Battisti and Kitching,
2012). In case of Amber Ltd company could file an injunction process as their employee
Mr Anderson is been hired by its competitor Beta Ltd. The process of injunction refers to
the equitable request that court issues an order to former employee from continuing to
act as violation of the covenant or other applicable laws. This is done to prevent former
employees from using the confidential details of company.
Prohibitory Injunctions: The injunction would prohibit or stop them for working
with competitors. As, Mr Anderson has access to the client records, injunction would
prevent him to call the clients of Amber Ltd.
Mandatory Injunction: These are been applied in very rare cases. Under
Mandatory Injunctions person is compel to carry out certain act like, make reinstitution
to an injured party. In order to reduce competition Amber Ltd can make mutual
agreement with Beta Ltd.
Freezing Injunctions: It is related to fraud, breach of trust and confiscatory
proceedings. In general, these types of Injunctions are related to Bank Accounts. It can
not be applied in case of Amber Ltd as Mr Anderson, has not done any act of breach
with Amber Ltd.
But, in the above scenario Mr Anderson has already served a notice to Amber
Ltd for leaving the company before 12 months and even if the company sent him the
notice of injunction then he could take legal advise in order to prevent the injunction
process. If he fails to take any legal action then he may cost ten to thousands of pounds
as a compensation or penalty to company. This will help to get prevention from the
action of High Court orders (Waters, 2013).
13
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P6. Recommend an alternative legal solution to what is suggested in a(ii) based on a
different legal framework. Compare and contrast the effectiveness of these solutions.
The Amber Ltd can take other legal action against Mr Anderson in order to
prevent him to work with it competitor. To prevent poaching of their employees Amber
Ltd can take these legal actions which are;
Alternative Dispute Resolution: This refers to resolve or settle any disputes
outside courtroom. This system includes; early neutral evaluation, conciliation,
negotiation, arbitration and mediation. Companies who follows Alternative Disputes
Resolution is awarded by the Public Courts.
Negotiation is the first approach conducted by company followed by it are
Arbitration and Mediation.
In Negotiation parties are allowed to meet up in order to settle disputes. It will b
beneficial in this case as using of Negotiation process Amber Ltd. Can control the
process and solution.
Arbitration refers to involving limited discoveries and simplified rules of evidence.
It is headed and decided by arbitral panel. It can be used in case of Amber Ltd as
Arbitrator will be appointed by Labour court. Further, it will reduce expense, formality
and time of a trial and Amber Ltd will get quick and prompt decision.
Mediation is an informal alternative to litigation. In this mediators are individuals
who bring opposite parties together and attempt to work out a settlement. This cannot
be used in the above scenario as Amber Ltd is not ready to adjust or cooperate. More,
over Beta Ltd is the competitor of Amber Ltd.
Benefits of Alternative Dispute Resolution is that; The system is less expensive
and less formal. Company can benefit by using this system as it is not a time consuming
process. It provides Amber Ltd with more opportunity to determine when and how their
disputes will be resolved.
Enforcement of Non- Compete Agreement: In a contract law the clause of
non-compete or covenant not to compete is a clause under which one party or
employee agrees not to start similar profession or trade in competition against another
party i.e. employer. In order to get this agreement valid the employer of company has to
14
different legal framework. Compare and contrast the effectiveness of these solutions.
The Amber Ltd can take other legal action against Mr Anderson in order to
prevent him to work with it competitor. To prevent poaching of their employees Amber
Ltd can take these legal actions which are;
Alternative Dispute Resolution: This refers to resolve or settle any disputes
outside courtroom. This system includes; early neutral evaluation, conciliation,
negotiation, arbitration and mediation. Companies who follows Alternative Disputes
Resolution is awarded by the Public Courts.
Negotiation is the first approach conducted by company followed by it are
Arbitration and Mediation.
In Negotiation parties are allowed to meet up in order to settle disputes. It will b
beneficial in this case as using of Negotiation process Amber Ltd. Can control the
process and solution.
Arbitration refers to involving limited discoveries and simplified rules of evidence.
It is headed and decided by arbitral panel. It can be used in case of Amber Ltd as
Arbitrator will be appointed by Labour court. Further, it will reduce expense, formality
and time of a trial and Amber Ltd will get quick and prompt decision.
Mediation is an informal alternative to litigation. In this mediators are individuals
who bring opposite parties together and attempt to work out a settlement. This cannot
be used in the above scenario as Amber Ltd is not ready to adjust or cooperate. More,
over Beta Ltd is the competitor of Amber Ltd.
Benefits of Alternative Dispute Resolution is that; The system is less expensive
and less formal. Company can benefit by using this system as it is not a time consuming
process. It provides Amber Ltd with more opportunity to determine when and how their
disputes will be resolved.
Enforcement of Non- Compete Agreement: In a contract law the clause of
non-compete or covenant not to compete is a clause under which one party or
employee agrees not to start similar profession or trade in competition against another
party i.e. employer. In order to get this agreement valid the employer of company has to
14
prove certain things. The employee has a valid contractual relationship. New employer
has the knowledge of that contractual relationship. The new employer tends employee
to breach contract. The contract was in fact breached and the employer has caused
damaged (Restrictive covenants in employment contracts, 2016). This would help
Amber Ltd to retain their competent staff.
Non- Solicitation of Employee and the Duty of Loyalty: This agreement
states that employees have duty of loyalty towards their employers. This means they
are prohibited from scheming or influencing other employees to leave the employer.
This would help to prevent mass exodus. Non- Solicitation of employee agreements has
great enforceability and provide little power to the competitor for directly soliciting
another companies' employee.
No Poaching Agreement with Competitors: In order to prevent poaching or
soliciting of employees from company the best alternative is to enter into a contractual
relationship with competitor to agree not to poach. Making of non- solicit ancillary and
other “legitimate” reason would help to make contract enforceable. This would help both
the organisation from the legal action and would help to save their valuable time and
money.
CONCLUSION
This report concludes that there are certain legal frameworks under which
company operates. These frameworks help employer to effectively guide there
employees and prevent them for risk at work. The employer compliance to the laws like;
Health ad Safety At Work Act, Equality Act, General Data Protection Regulations would
help him to guide their employees properly and help them to prevent from other legal
actions by Court. Further, in the above case certain legal solutions can be applied by
company to prevent their employees from providing services to competitors.
15
has the knowledge of that contractual relationship. The new employer tends employee
to breach contract. The contract was in fact breached and the employer has caused
damaged (Restrictive covenants in employment contracts, 2016). This would help
Amber Ltd to retain their competent staff.
Non- Solicitation of Employee and the Duty of Loyalty: This agreement
states that employees have duty of loyalty towards their employers. This means they
are prohibited from scheming or influencing other employees to leave the employer.
This would help to prevent mass exodus. Non- Solicitation of employee agreements has
great enforceability and provide little power to the competitor for directly soliciting
another companies' employee.
No Poaching Agreement with Competitors: In order to prevent poaching or
soliciting of employees from company the best alternative is to enter into a contractual
relationship with competitor to agree not to poach. Making of non- solicit ancillary and
other “legitimate” reason would help to make contract enforceable. This would help both
the organisation from the legal action and would help to save their valuable time and
money.
CONCLUSION
This report concludes that there are certain legal frameworks under which
company operates. These frameworks help employer to effectively guide there
employees and prevent them for risk at work. The employer compliance to the laws like;
Health ad Safety At Work Act, Equality Act, General Data Protection Regulations would
help him to guide their employees properly and help them to prevent from other legal
actions by Court. Further, in the above case certain legal solutions can be applied by
company to prevent their employees from providing services to competitors.
15
16
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REFERENCES
Books and Journals
Avey, J. B., Wernsing, T. S. and Palanski, M. E., 2012. Exploring the process of ethical
leadership: The mediating role of employee voice and psychological ownership.
Journal of Business Ethics. 107(1). pp.21-34.
Beesley, M. E. and et. Al ., 2013. The regulation of privatized monopolies in the United
Kingdom. In Privatization, Regulation and Deregulation (pp. 67-92). Routledge.
Berkowitz, D., Lin, C. and Ma, Y., 2015. Do property rights matter? Evidence from a
property law enactment. Journal of Financial Economics. 116(3). pp.583-593.
Cole, D. H., 2017. Laws, norms, and the Institutional Analysis and Development
framework. Journal of Institutional Economics. 13(4). pp.829-847.
Eijffinger, S. C., 2012. Rating agencies: Role and influence of their sovereign credit risk
assessment in the eurozone. JCMS: Journal of Common Market Studies. 50(6).
pp.912-921.
Etherington, D. and Ingold, J., 2012. Welfare to work and the inclusive labour market: a
comparative study of activation policies for disability and long-term sickness
benefit claimants in the UK and Denmark. Journal of European Social Policy.
22(1). pp.30-44.
Fan, J. P., Titman, S. and Twite, G., 2012. An international comparison of capital
structure and debt maturity choices. Journal of Financial and quantitative Analysis.
47(1). pp.23-56.
Gordon, M., 2015. The UK's Fundamental Constitutional Principle: Why the UK
Parliament Is Still Sovereign and Why It Still Matters. King's Law Journal. 26(2).
pp.229-251.
Guéant, O., Lehalle, C. A. and Fernandez-Tapia, J., 2012. Optimal portfolio liquidation
with limit orders. SIAM Journal on Financial Mathematics. 3(1). pp.740-764.
Haigh, R., 2013. Legal English. Routledge.
1
Books and Journals
Avey, J. B., Wernsing, T. S. and Palanski, M. E., 2012. Exploring the process of ethical
leadership: The mediating role of employee voice and psychological ownership.
Journal of Business Ethics. 107(1). pp.21-34.
Beesley, M. E. and et. Al ., 2013. The regulation of privatized monopolies in the United
Kingdom. In Privatization, Regulation and Deregulation (pp. 67-92). Routledge.
Berkowitz, D., Lin, C. and Ma, Y., 2015. Do property rights matter? Evidence from a
property law enactment. Journal of Financial Economics. 116(3). pp.583-593.
Cole, D. H., 2017. Laws, norms, and the Institutional Analysis and Development
framework. Journal of Institutional Economics. 13(4). pp.829-847.
Eijffinger, S. C., 2012. Rating agencies: Role and influence of their sovereign credit risk
assessment in the eurozone. JCMS: Journal of Common Market Studies. 50(6).
pp.912-921.
Etherington, D. and Ingold, J., 2012. Welfare to work and the inclusive labour market: a
comparative study of activation policies for disability and long-term sickness
benefit claimants in the UK and Denmark. Journal of European Social Policy.
22(1). pp.30-44.
Fan, J. P., Titman, S. and Twite, G., 2012. An international comparison of capital
structure and debt maturity choices. Journal of Financial and quantitative Analysis.
47(1). pp.23-56.
Gordon, M., 2015. The UK's Fundamental Constitutional Principle: Why the UK
Parliament Is Still Sovereign and Why It Still Matters. King's Law Journal. 26(2).
pp.229-251.
Guéant, O., Lehalle, C. A. and Fernandez-Tapia, J., 2012. Optimal portfolio liquidation
with limit orders. SIAM Journal on Financial Mathematics. 3(1). pp.740-764.
Haigh, R., 2013. Legal English. Routledge.
1
Nyrén, O., Stenbeck, M. and Grönberg, H., 2014. The European Parliament proposal
for the new EU General Data Protection Regulation may severely restrict
European epidemiological research. European journal of epidemiology. 29(4).
pp.227-230.
Pellerin, S. and Walter, J., 2012. Orderly liquidation authority as an alternative to
bankruptcy.
Rasch, B. E. and Tsebelis, G. eds., 2013. The role of governments in legislative agenda
setting. Routledge.
Smallbone, D., Deakins, D., Battisti, M. and Kitching, J., 2012. Small business
responses to a major economic downturn: Empirical perspectives from New
Zealand and the United Kingdom. International Small Business Journal. 30(7).
pp.754-777.
Waters, J. L., 2013. Testing Hosanna-Tabor: The Implications for Pregnancy
Discrimination Claims and Employees' Reproductive Rights. Stan. JCR & CL. 9.
p.47.
Zanko, M. and Dawson, P., 2012. Occupational health and safety management in
organizations: A review. International Journal of Management Reviews.14(3).
pp.328-344.
Online
Restrictive covenants in employment contracts, 2016 [Online] Available Through:
<https://www.out-law.com/page-7086>.
2
for the new EU General Data Protection Regulation may severely restrict
European epidemiological research. European journal of epidemiology. 29(4).
pp.227-230.
Pellerin, S. and Walter, J., 2012. Orderly liquidation authority as an alternative to
bankruptcy.
Rasch, B. E. and Tsebelis, G. eds., 2013. The role of governments in legislative agenda
setting. Routledge.
Smallbone, D., Deakins, D., Battisti, M. and Kitching, J., 2012. Small business
responses to a major economic downturn: Empirical perspectives from New
Zealand and the United Kingdom. International Small Business Journal. 30(7).
pp.754-777.
Waters, J. L., 2013. Testing Hosanna-Tabor: The Implications for Pregnancy
Discrimination Claims and Employees' Reproductive Rights. Stan. JCR & CL. 9.
p.47.
Zanko, M. and Dawson, P., 2012. Occupational health and safety management in
organizations: A review. International Journal of Management Reviews.14(3).
pp.328-344.
Online
Restrictive covenants in employment contracts, 2016 [Online] Available Through:
<https://www.out-law.com/page-7086>.
2
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