Business Law Case Study: Workplace Legislation and Policies

This case study analyzes business law, focusing on workplace legislation and organizational compliance. It examines the Employment Rights Act 1996, the Employment Relations Act 1999, the Data Protection Act 2018, the Health and Safety at Work Act 1974, and the Equality Act 2010. The study explores the case of Bateman & Ors v Asda Stores Ltd, highlighting issues of contract breach and unfair dismissal. It identifies the extent to which an organization needs policies and procedures to comply with workplace legislation, including employee rights, data protection, and health and safety standards. The assignment also discusses the duties of directors, procedures for valid meetings, and the benefits of a limited company, providing a comprehensive overview of business law principles. This document, contributed by a student, is available on Desklib, a platform offering AI-based study tools and resources.

Business Law

Table of Contents
INTRODUCTION...........................................................................................................................3
MAIN BODY...................................................................................................................................3
PROJECT-3 (Case Study)................................................................................................................3
Identify the extent to which an organisation has in place the necessary policies and procedures
to comply with relevant workplace legislation.......................................................................3
Review an organisation’s systems and processes to ensure its officials comply with their roles
and responsibilities under company law.................................................................................6
Salmon v salmon....................................................................................................................7
Benefits of Limited Company................................................................................................7
Procedure for Formation of Company....................................................................................7
Duties of Directors.................................................................................................................8
Procedure for valid meeting...................................................................................................8
CONCLUSION................................................................................................................................8
REFRENCES...................................................................................................................................9

INTRODUCTION
Business laws are those law which is been used in order to form an organization within a
country. Such laws provides various guidelines and amendments due to which an organization is
able to achieve its goals and objectives with more efficiency. Business laws makes concrete
framework to be formed that assists an organization in its legal aspects. Further it leads over
development of organization in terms of its legality. These laws are also known as corporate laws
as they deal with both private and public organization. Third part is case study based on contract
law.
MAIN BODY
These steps if followed by CEO of TerntahmTrentham helps in initiating
contract in better way with legality to be attained as per law.
PROJECT-3 (Case Study)
Bateman & Ors v Asda Stores Ltd in this case employer within ASDA employee were
waiting for amendment done within existing employment contract. This improves there paying
structure by making it more secure with appropriate legislation applied within it. Most employee
were complaining about the old structure of pay but were following it due to authority’s
willingness or force. Further in this case observation is made that breach of contract and unfair
dismissal has happened. ASDA provided justification upon the process in a way that unilateral
terms of employment contract relies over certain provisions within staff handbook. In this claim
has been made upon the condition that power of employment contract is only limited to non -
contractual policies. Over this pay issues has been raised within the contract in relation to
employment contract. The case was proceeded within employment tribunal which rejected the
rule made by ASDA and implemented a clause within handbook that unilaterally changes within
terms and condition without consent of employee. In this ground of appeal was ignored by
tribunal only handbook has been interpreted. Bateman & Ors v Asda Stores Ltd employer of
ASDA has been wanting to amend over contracts within existing employees for bringing their
pay structure that brought with more updated regulations. Most employees hashave been
adopting through the new authorities willingly or force ably. Also it has been observed that
breach of contract and cases unfair dismissal. In this case ASDA justified that decision to

unilaterally through vary terms of employment over making contract which relies upon
provisions contained within the staff handbook. Further terms and condition of employment. The
claimant made claim over other things that the power of employment contract should was only
limited to non-contractual polices that has been proposed withproposed with variation to pay
and requires with the consent of employees. Employment tribunal rejected this over the rule
that ASDA has included clause in the staff handbook stating that unilaterally changes within
terms and condition without consent of employee is entitle to doto do as they did. The main
ground of appeal was that Tribunal has failed to act as per the consideration of employee with
whom limited interaction is done and have interpreted staff handbook. Also it rejected the
submission on the basis that none of employees could reasonability that has been understood.
The effect of unilateral discretion with terms and condition has been rejected by making claims
regarding amendment over handbook with not to the terms and conditions of the employment
contract (Ershova and et. al., 2019).
Identify the extent to which an organisation has in place the necessary policies and procedures to
comply with relevant workplace legislation.
In order to have better working place an organization is required to apply various kinds of
legislation with it such regulation has been explained as follows:
Employment Rights Act 1996
In this ache rights of employees is been deal with. The act has been taken out from
Contracts of Employment Act 1963 and Redundancy Payments Act 1996. Further the act deals
over setting out rights that has been dealing with unfair dismissal, unfair dismissal, parent leave
and redundancy. In the year of 1997 government in UK formed amendment upon acting that
involves strengthening of right possessed by employees which makes flexibility in working time
to be made for employees. Further the act has been proposed for making amendment upon rights
of employees within which flexible working and salary issues is been covered. Also the act
covers various kinds of right which is mainly related to health, safety, privacy and working
conditions. In this right is been given to employee in section1 (2) of the deals over those terms
between employee and employer is required to be recorded in written and gives employee right
over probation. Documents within which employment of contract has been is been formed
should consists of shorter “written treatment” in which particulars has been included which

makes and contract to be enforceable between employer and employee. Such statement can
indicate basic statutory rights of employees.
The act has been updated with much earlier thenthan labour law it includes the Contracts of
Employment Act 1963, the Redundancy Payments Act 196. the ERA sets out the rights of
employees within situation like dismissal, unfair dismissal, parental leave, and redundancy. In
1997 government in UK has proposed an amendment over act which is involved in strengthening
the right of an employee which makes flexibility over working time. This has been passed by
parliament over employees that give those rights to employees that has been earlier not
mentioned in the act. In this business employment policies hashave been included over contract
of services and also various other statutory right has been mentioned within it. In this important
rights isare been given to employees which has strengthened the Employee Right Act and
various right is given to employment. In section(section (1) of the act sates that main terms
within employee and employer recorded in writing within two months of starting employment. In
this documents might be employed as per employment contract. This is very important statutory
rights of employee. Further in the act Disclosure and detriment has been explained within which
companiescompany’s private policy cannot be discussed to any third party. In this information
relation to taking leaves and rights regarding this is explained. As per the act the employee has to
be given notice for making dismissal this is given under section 86 of the act it has been
mentioned that reasonable notice is given to an employee before making termination to be done
over contract in relation to employment (Davitti, 2016). This is applicable to both employer and
employee. Duration of notice is depends over the nature of the work. In case employee has
worked for more than a month then notice is served for period of one week. If services is been
served for 2 years then notice should be increased to 2 weeks in relation to dismissal. Duration is
of 3 years then duration of notice is 3 weeks and can be for 12 weeks. If the employment contract
mentions about pay in lieu of noticenotice, then it can be issued by employer to employee. Unfair
dismissal this covered under section 94 of the Act which makes sure that dismissal done is in fair
manner. Main focus of this session is to see valid reason is beenbeing given for employee's
dismissal. In this certain condition has given which is considered automaticallyconsidered
automatically unfair they are as follows:
Health and Safety concerns
Affirmation of statutory rights

Flexible working
Employment Relations Act 1999
The act is mainly focused upon maintaining relationship between employer and
employeee within an organization. In this fair process is been conducted in relation to good faith.
This makes trust to be developed within employer and employee. The main section of the act is
section 10 that deals upon rights of employed maintained with discipline. . Also relates to
protecting of employee and employers interest. Further in this fair process in terms of good faith
is mentioned which makes trust within employer and employee's relation maintained ((Cowan,
2018). Main section of the act is section 10 that deals with right for employees over disciplinary
or grievance meetings. In this companion of choice has been provided should fall under the
following categories they are as follows:
 Paid official in a trade union.
 Unpaid official within trade union.
 Employer's work.
In the act new statutory procedures is been recognized which makes trade union over collective
bargaining to be applied in case where Union and employer is not able to reach agreement
voluntarily in requirement for employer. In this information and union recognized statutory
procedures upon making training of polices and plans possible. In this certain things is been
covered which is explained as follows:
 Changes to the law on trade union membership to prevent discrimination through
opinion.
 In this changes over law leading towards industrial action in relation to certain
aspects of employment is covered. This enables unfair dismissal by launching
complain of it under various circumstances.
 new rights and changes in family-related employment rights, aimed at making it
easier for workers to balance the demands of work and the family;
 A new right for workers to be accompanied in certain disciplinary and grievance
hearings
 Other changes in individual employment rights.
Data Protection Act 2018 and GDPR

The act has been focused over protecting personal information of employees working
within an organization. This act makes sure that proper structure if been given that protects
information like marital status, address and member of employee protected. In GDPR various
principles is been covered. Under the Data Protection Act 2018, you have the right to find out
what information the government and other organisations store about you. These include the
right to:
 be informed about how your data is being used
 access personal data
 have incorrect data updated
 have data erased
 stop or restrict the processing of your data
 data portability (allowing you to get and reuse your data for different services)
 Object to how your data is processed in certain circumstances The act is mainly
focused upon protecting private data of the employees who are being working in an
organization. Also the acts provides proper framework which makes all kind of
information like martialmarital status, address and member of employee protected. If due
to any reason thereason the act is not applied then it results into causing infringement of
privacy in relation to employment. .
Health and Safety at Work Act 1974
The act defines about general duties of employer,employeeemployer, employee, contractor,
and supplier of goods and there applicability at working premises for maintaining persons
in general. Also the act mainly focuses over providing safety at work places of employees.
According to act Safety commission is been formed which deals over issue relation to health and
safety within work place. Also act enabled boards and regulation that has been formed under
Statutory instruments by making extensive system to maintain health and safety for employees.
In this act Health and Safety Commission has been formed that hold responsibility to provide
framework that helps in dealing with problems in relation to health and safety. The act has been
proven to be boon in improving health and safety facilities within an organizationThe act has
further stated various guidelines required to follow by an organization in maintaining health
standards. (Barrédy, 2016).
Equality and Diversity Act 2010

This act is been amended for maintaining of equality within workplace between both
employer and employee. Main reason of the act makes elimination of practices which promotes
discrimination. In this discrimination is done regarding age, gender, cast or religion. Also equal
opportunities is been provided to employees working within organization. Equity act of 2010 has
been formed in order to deal with discrimination problem and makes anti-discrimination laws to
be formed that has to be followed in England, Scotland and Wales. Also some sections apply to
Northern Ireland. Main purpose of the act is to promote consolidating, updating and
supplementing the numerous prior Acts and Regulations. This act has been formed in
consideration to various other acts like Equal Pay Act 1970, Sex Discrimination Act 1975, Race
Relations Act 1976 and Discrimination Act 1995. In this major statutory instruments protecting
discrimination in employment on grounds of religion, belief, gender or age. Further the acts has
been broadly helping UK ton achieve its main goals which is related to Equal Treatment
Directives. As per the act various offers is been made beyond the EU directives which helps in
protecting employees against discrimination. Also the act makes sure that person's nationality
and citizenship is also been protected. Thus makes individual’s right to be protected from any
kind of discrimination based on belief, disability, age, sex, sexual orientation and gender
reassignment. The act has been protecting people form discrimination, harassment or
victimisation in employment. It is applicable in both public and private organizations. Acts
involve various provisions that is related over those services which completely restricts
discrimination. Equality act makes a proportionate means of achieving a legitimate aim. In
relation to disability, employer and services provide over duty which makes adjustment to be
made at workplaces that helps in overcoming of barriers possible faced by discriminated persons.
The act has been formed in order to maintain the equality within employees and employer. Main
purpose of the act is to eliminate those practices which introduces discrimination within working
place. As per this act no discrimination should be done on the basis of age, gender, cast or
religion. Further act provides equal opportunities to an individual at and not unfair treatment
should be done on the basis of any kind of discrimination.
These laws isare been applied in ASDA in Morden time which has helped in keeping its
employees more loyal towards organization. Also this has helped the employee to feel more safe
and less discriminated under any situation. Further it provided privacy protection with equal
opportunities for employees to grow.

Review an organisation’s systems and processes to ensure its officials comply with their roles
and responsibilities under company law
Organization should work in proper manner within which management has important role
to play. Further certain duties has been has given to directors in order to maintain management.
Such duties has been given as follows: Organization works well when its management has
been functioning in proper manner and for this purpose only certain duties has been given to
directors of an organization to be followed. These duties are as follows:
 Duty to promote an organization
 Duty to maintain health and safety standards Duty tonto make promotion of the company
and maintain its success rate by introducing the organization within market.
 Duty to take independent judgement by taking decisions regarding improvement of
process in an organization (Arslan, 2020)
 .
 Duty to exercise reasonable care, skill and diligence this means that employee selected
should hold proper skills and knowledge about work that has to be done.
 Duty to solve conflict within an organization.
 Duty to maintain records.Duty to makes sure that conflict of interest does not exist
between employer or employee.
 Duty to keep record of every process within an organization.
These duties followsfollow help an organization improve its management and Human Resource
management in positive manner.
The company law makes regulation to be formed in relation to handling of public and
private organization. Companies Act 2006 has been formed which is related to Insolvency Act
1986.
Salmon v salmon
In this case judgement passed by House of Lords is that over determining about the
question which is necessary for looking at statute without adding about requirements of statute.
Further the statute applied says that there are seven or more persons which is associate with
lawful purpose. So there name has to be there within memorandum of association. Therefore, it
was entitled to indemnity from the principal. The liquidator amended the counter claim, and an
award was made for indemnity. The agency argument was accepted.

Benefits of Limited Company
The benefits of converting from Sole trader to Limited Company are as follows:-
 Unlike Sole trader the company has the benefit of limited liability which constitutes the
relation of separate legal entity. Further personal assets are not used to pay off the debts
of the company.
 The limited companies are tax efficient as compared to Sole traders. As they pay
Corporation Tax rather than Income Tax accompanied by appropriate tax rate which
increases the profit margin of the company. Also the company has wider allowances in
respect to tax deductions which limited company can claim in order to attain profits.
 The registered limited company provides protection in respect of company’s name.
 Raising finance is not as tricky as compared to Sole traders and thus, does not limits the
opportunities to expand in the marketplace.
Procedure for Formation of Company
 Required to choose the structure of company such as limited company
 Registration of a company
 Enter the information of company such as registered office, shareholders, directors
 Completion of Memorandum and Article of Association
 Submission to Companies house
Duties of Directors
The duties of directors are:-
 They are required to act within the powers delegated and not in contrary to law
 To exercise reasonable care, skills and with due diligence
 Act impartially in order to avoid conflicts
 Improve Employment Relations
Procedure for valid meeting
Company Law set out the rules for holding valid meetings and are generally called by the
board of directors or by members. They are required to provide with atleast 14 days of notice to
arrange a meeting. And if member wish they can request directors and meetings can be called if
director receive request from:-
 Shareholders who represents 5% company’s paid up share capital and has right to vote

 Guarantors, they are member of Limited by Guarantee Company and represent 5% of
total voting rights of all members.
Upon request director is required to call meeting within 21 days and not later than 28 days.
Further meetings can be called on short notice on majority of requisites. Notice of meeting to
all members can be sent through post or electronic means accompanied by valid details of
date, time, place and agenda. In case of purposing special resolution in meeting, notice must
specify.
CONCLUSION
From the discussion it can be concluded that business laws are the laws which helps in
forming of a business organization in legal manner through providing it legal framework. This
makes goals and objectives of an organization achieved in more effective manner. In the first
part is an essay that explains about hierarchy of courts in UK. In third part various regulations
has been discussed which is related to employment law and rights of employee.

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