Law and Business: A Study of Employment Act 1946

This assignment delves into the world of law and business, examining the Employment Act 1946 as a key piece of legislation. It explores how parliament plays a crucial role in shaping laws that govern businesses and employees. The document also touches on the Consumer Protection Act 1986 and Alternate Dispute Resolution methods. Through case studies and examples, it highlights the importance of balancing corporate interests with stakeholder rights.

BUSINESS LAW

Contents
INTRODUCTION...........................................................................................................................1
TASK 1............................................................................................................................................1
M1 ..........................................................................................................................................4
D1...........................................................................................................................................4
TASK 2............................................................................................................................................5
M2...........................................................................................................................................6
TASK 3............................................................................................................................................6
M3 & D2.................................................................................................................................9
TASK 4............................................................................................................................................9
M4.........................................................................................................................................10
CONCLUSION..............................................................................................................................10
REFERENCES..............................................................................................................................11

INTRODUCTION
Business law is the legal body which may govern transaction. It is the branch of civil law as
well as deals with conflicts of both public or private law. It is the general field which is related to
business transaction and structure. When one-person form promise and accept by another then it
is called as agreement. Furthermore, agreement which is enforceable by law is contract. Business
law is the significant studies which may help management professionals. In the present report,
will discuss effective English legal system including criminal and civil procedure of law. Several
sources of law are mentioned in this report (Blodgett, Hoitash and Markelevich, 2014). The
concept of different types of organizations is mentioned under business law are like sole
proprietorship, partnership and registered companies. Present report also mentioned concept of
Alternate Dispute Resolution which is useful to resolve matter of parties who lodge case for
receive best possible solution. Government of United Kingdom play significant role in dispute
resolving process and maintain performance every company. They can protect rights and interest
of people who are living in country. Directors having ultimate control over the operation
management of firm. Employment, consumer and contract laws are able to maintained by every
business organization in effective manner.
TASK 1
ENGLISH LEGAL SYSTEM
Legal authorities of UK are responsible to follow systematic procedure which is consists
under English legal system. Both criminal and civil courts are able to resolve matter of parties
within its jurisdiction. Not every case can lodge in these courts. Criminal cases can be solved
through the culprits. Remaining proceedings can be solved through the tribunal. This concept
consists systematic procedure which is needs to be fulfil by entire legal system in order to
policies and procedure of government.
CRIMINAL AND CIVIL LAW
Criminal law consists offences which are not enforceable by law. The person who do
illegal act is said to be sinner through law. Criminal court may have imposed penalties on such
person within its jurisdiction (Passman, 2015). Because no legal authorities can entertain cases
outside its jurisdiction.It takes the behaviour which is dangerous,violent,hurtful and endangering
against the property,safety and well being of the people. Such kinds of acts are not acceptable by
law. But they are not able to protect person who done wrongful act. Majorly two types of crimes

are mentioned under law such as misdemeanor and felony. These two crimes are different from
each other in terms of caused by one person to another. Furthermore, misdemeanour means the
crime which includes such as offence of petty thefts,minor assaults etc. On the other hand, felony
crime which means the offense consists of robbery,rape and drugs etc. In order to resolve
matter of parties, mens rea needs to be classified for analyse intention of parties. This is the
significant concept which needs to be discuss in criminal case. On the basis of this, offence f
person can be discussing.
Civil law can entertain matter other than criminal law. This concept may not include
physical harm but the monitory loss (Scheer, 2013). It can govern private matters of parties
which is lodge by them as well. Under law Members are answerable to follow the rules and
regulations
SOURCES OF LAW
Constitution
Constitution is the vast source which controls and regulates the entire legal system .
(Harshbarger, 2011). The U.K constitution which is in verbal form and among authorities there
are separate roles based on their power. It also includes the fundamental rights and duties. It may
protect rights of consumers who are exist in country. Working time regulation act, 1998- As per the rule of this law employees are only able
to do work 9 hours in a day and 48 hours in a week which is mentioned under law. No
employer can use efforts of workers after working hours. In case employees do the same
with his own consent then they can do so but receive amount as overtime which is just
double to the actual salary. This is the compulsory payment which is needs to be fulfil by
every company. Pensions act, 2008- Amount of pension must be providing by company to the employee
who spend more than 10 years in a firm (Fourcade and Khurana, 2013). Every person can
after specified age limit. Amount of pension must be provided to them as per their
requirement. Which means employees can receive such amount in lump sum amount or
on monthly basis.
 Trade union and labour relations act, 1992- The main aim of this process is to maintain
relationship among employees and employers. In case of any dispute create among
parties which can be resolve by members of trade union. Initially, they have to provide

opportunity of being here to parties and listen their matter carefully. After that take
effective decision, in order to secure their life.
Executives
It is another source of law, which consists president. He is the person who is selected
through majority of votes of members of parliament (Turban, Sharda and Delen, 2011). Number
of candidates are applying for this post but should be select only one from them. They have to
take individual decision regarding betterment of entire country and protect rights of people.
Treaties
This is concept of agreement which is framed among two or more states. Each state
should select one person each who having appropriate skills and knowledge. Person have to
understand their roles and responsibilities which are imposed on them. Two or more states sign
legal document in written form (Stewart and Hitt, 2012).
ACT OF PARLIAMENT
Government of United Kingdom have to use their entire efforts in order to make law.
Initially, they have to frame draft of bill and send the same to parliament in order to royal
consent. In case parliament accept the draft within stipulated time period then bill becomes act
and enforced in the country.. After this entire country is responsible to follow the same.
CONSUMER, CONTRACT AND EMPLOYEMENT LAW
Employment Law: It is a law which works for the term of employment in which trade
unions, employer, employer and government are considered. This law provides a frame to tie
these all mentioned parties with some legal terms and policies. It is generally used for the rights
of employees which secure them in the working conditions and help to apply different kind of
benefits from the employer side (Cosgrove and Rijsberman, 2014). This law is mainly drafted
and applied for the employees and supports them to work in a better working environment which
can help them to work better and secure their future. According to this law employee can go for
strike if their employer is not accomplishing their legal and moral rights in the working
conditions. Employment Act 1946, this is the law which supports to manage the employee's
relations in any organisation.
CONSUMER LAW: This law is drafted to protect consumer rights in consuming a
product and service provided by a seller to them. The law is applicable of the consumer and
seller of goods and services. This law mainly helps to protecting consumer rights, fraud made by

seller and anything unfair or cheat made by any company (Theodosiou and Katsikea, 2012).
According to this law consumer are market king and they are having a right to take an against
action for those companies which are cheating with them. According to this law starting from
purchase process till to guarantee or warranty period the seller is liable for the product and
services given by them to their consumer. The Consumer Protection Act 1986 is mainly drafted
for the customers’ protection from frauds and misleading by the company for facilities and
benefits of products and services. By using this consumer can make a claim and sue on them
regarding to their products and services used but it is essential for them to have proper sufficient
evidence in their hand to make a claim on the company.
CONTRACT LAW: This is a legal frame work which ties to parties in a relation which is
having some legal implications for each other to all parties. This law ties two or more parties in a
relation in which they are liable to fulfil the terms of contract to each other either they are
applicable penalised by court if another parties make a claim against them. In companies it is
mostly used when recruiting person by a legal agreement (Abatino, Dari-Mattiacci and Perotti,
2011).
M1
English legal system is very affective because it has many sources of law. UK has various
part, like Ireland, Wales etc. the all follow law of Britain. This legal; system cover all the areas
like in two sections i.e. criminal, civil and it has high diversity because every kind of law is
present in this system. It starts from contract act and latest laws, like data protection is also
present in it. Major problem with the law made by parliament is that it take lot of time in
formation and making changes in it is very difficult. Case laws sometime create confusions
among public because decision given by two judge may stand in-front of each other. EU was
another sources of law but now it will not prevail in Britain. It also has many problems like it
was not very specific and most of the rules were general.
D1
English legal system may have many flaws but this system is considered as the base of
many legal system in many nations like India. Members of parliament made an act, health and
safety act, 1974 for providing better healthcare facilities to the worker specially at their
workplace. Decision given by judges of UK also became law. EU also made laws by considering
point of view of all the members of EU.

TASK 2
Company law is the being regulate by government to provide legislation in corporations.
These are regulating to provide health or wealth in company revelation, public companies and
for employees which are the most important part of economy. These law and act are basically
make to provide equity in industries (Abatino, Dari-Mattiacci and Perotti, 2011). All the business
enterprises introduce different law and regulation but their main objectives are to maintain
positivity in environment and provide legal authority to organisation.
Separate legal entity- Each and every organisation having their own legal entity which has
a separate name in the existing country. This is providing a different identity from its owner.
This is very important for an organisation to provide it a register name under company act.
Without this name organisation have an artificial interdependency only but this is providing them
legal authority under government of the country.
Limited liability- This is a legal authority which is provides under some rule and regulation
that organisation has a separate legal identity. According to this they can get identification
number of taxation, can open a bank account on organisations name, do their own business under
the regulation of government. In this term organisation is liable to pay their own debt and
liability in their money related terms. Organisation is make their own stakeholders by its name
and this a act under government regulations.
Perpetual succession- In simple meanings Perpetual succession is determine that a
company's never determined by its member it has the different value and its life can be
considering as a long time (Abatino, Dari-Mattiacci and Perotti, 2011). An organisation never
can be switched by a single person anybody can take its authority and build is goodwill again in
market. Its life is not determining by employees, shareholder, owners, director, HOD or anyone
else. If one of them left the organisation than their authority will be transfer to another once and
after that they can replace but company will be continuing.
Common seal- According to this law organisation is not a person, it is an artificial person
and does not have any physical presence as a person has. But it has an authority to entering into
various agreements (Abatino, Dari-Mattiacci and Perotti, 2011). Its name cannot be used by
anybody because it has Common seal as its signature. This seal is approved by the board of
directors of the organisation and it is only use by firm’s documentation and its legal papers
where owner cannot sign before this.

Sole proprietorship- Single person can start business which is known as sole
proprietorship. It is simple and easy to create and to end it in a specified date. Only limited
liabilities are imposed members who are working in this firm (Sole Proprietorship. 2017). Sole
trader is the person who begin the firm. Before start this business person have to obtain licence
from legal authorities through follow systematic legal steps.
Partnership firm- This types of firm can be established by two or more members who are
working as partners. Persons who having same goals and intention in order to start business can
collect their money together and invest in firm. Registration of these types of firms is optional
for them (Abatino, Dari-Mattiacci and Perotti, 2011). Team member should solve their
disputes,problems and other conflicts among them by various ways and techniques.
Registered firm- According to law there are two parts of firm includes private and public
business organization. Private firms are established by every individual with the aim is to earn
profit and provide best quality of products and services to people. In case of public firms’
government hold shares more than or equal to 50%. Main target of them is to try to raise
standard living of people not earn profit.
M2
If a business entity will not follow norms which are present in employment and contract
law then they may have to pay huge amount of fine for not following rules. If they will break law
on regular basis then they have to stand at a point where they have to shut down their business.
Although if they will follow the norms then they can run their business smoothly.
TASK 3
An organisation can have adopted different ways of solving a dispute. The business
environment is rapidly changing and the number of conflicts among different parties is also
increasing. Litigations is the most popular option which people may adopt for resolving disputes
but it has various disadvantages like delaying in decision, expensive etc. (Bird, 2011). These
flaws are the prime reason behind the development of ADR (Alternative dispute resolution)
concept. ADR is the process of resort a matter without the involvement of litigation. It can be
used is solving the case relating any matter like business, divorce, labour conflicts etc. The best
thing about ADR is that if both disputing parties are not happy with the decision then they did
not get force to accept it, like in the case of litigation (Abatino, Dari-Mattiacci and Perotti, 2011).

Arbitration – In this process, a single person or a bench of arbitrators hear and analyse the
complete case. They hire experts of different fields in order to understand the technicality of a
matter. If both sides are not satisfied with the decision which is given by arbitration, then they
can look for other options. No one force them to accept a judgement (Bishara, 2011). The
arbitrator is chosen by the parties, this assures unbiased decision and neutral hearing of the case.
Most of the people go for this option because they probability of resolving a matter is high. The
confidentiality of various information about the both parties is maintained by if they use this
method of ADR.
Benefits of arbitration
Fast decision – The decision can take in short period of time by using this method. Normally in
litigation, both parties have to wait for months in order to get the final judgement. Arbitrator do
not tale much time in understanding the case and they try to resolve the dispute as soon as
possible.
Cost – Generally, the cost incurred in arbitration is either equal or less compared to litigation.
Both sides do not have to pay any legal fees in the courts and they do not need to spend huge
sum in paying salary of the lawyers.
Most reliable result – All the other factors does not matter to disputing sides if they will not get
correct decision. Arbitration method is used for getting appropriate decision in short period of
time. Arbitrators do not give a decision without studying the whole case, they use advice of
various experts so they can give a judgement which is accepted by both sides (Borden and Rhee,
2011). They also make sure that both parties understand the reason behind the judgement which
is given by arbitrator.
Problem with arbitration
Biasness – One may argue that bias decision is not an option in this method but this
various incidents of biased judgement prove that decisions can be hamper by one party.
Expensive – Although arbitration is not expensive than litigation but among all the
methods of ADR, it is the most expensive.
Lack formal procedure – There are many arbitrators, most of them have different
procedure for presentation of evidence or for appealing. Without a fixed process, both parties can
face different kind of troubles at the time of resolving conflicts.

Mediation – Mediation is another effective method of ADR where the dispute is resolved
by taking the help of third party. Instead of giving a judgement, like in the case of arbitration,
mediator focuses on bring both sides on same page (Carroll and Buchholtz, 2014). In this
method, mediator try to provide an appropriate legal solution so the matter can get resolve in less
time period and without spending huge sum.
Benefits
Cost effective – This method of ADR does not involve much cost because of no presence of
lawyer and legal fees. Unlike arbitration, mediators does seek help of different expert, this is
prime reason that they do not charge much amount.
Easy and simple – Both sides only have to do one task for resolving a conflict i.e. to find a right
mediator. It is a simple process and does not involve different complicities which are present in
litigation or arbitration.
Problems
Lack of expertise – Mediator is not the expert of any field so solving the issues without
understanding complete matter is very difficult (Dickerson, 2011).
Informal procedure – Mediation is an informal method and both sides may show seriousness in
resolving the dispute.
Negotiation – This is the only method of ADR where dispute is resolved without involving any
outsider. Both parties sit on table and discuss about what they really want and what they are
ready to sacrifice. In Negotiation there are various stages which includes
discussion,preparation,clear goals,agreement and implementation of agreement. It is flexible and
confidential also (Eren and et .al., 2012).
Benefits of negotiation
Win-Win approach – This is the only method where both parties can focus on a win-win
approach. If they share the things which are not important for each other than their actual needs
can be identified and the agreement can be made on its basis.
Completely private – This is a completely private approach and no external party, expect the two
sides who are in dispute, know about anything of the company. A high level of confidentiality is
maintained in this method.
Problems with negotiation

The chances of resolving the dispute is less in this case because if the matter could be resolved
without including other parties then the conflict would not have arisen at the first place
(Esposito, 2012).
Wasting time and money in making different offers not a good option, it is an informal way
method and reaching to conclusion is very difficult because of no neutral side.
ESBM should adopt arbitration in case they face any problem because this is the most
reliable option and the involvement of expert views assure correct decision. Both sides can set
the date of hearing according to them and if they do not find decision appropriate then they have
no legal binding to follow the judgements which is given by arbitration. Some may find this
method bit costly but the assurance of correct decision is much important then money. Time
taken is another factor which is very important for every person (Fassin and Buelens, 2011).
Arbitration make sure that they solution of conflict can be found in less time.
M3 & D2
Arbitration involve expert in making judgement so the chances of resolving dispute and
reaching most appropriate solving without hampering relation between disputing parties is high.
It is bit expensive and can make a negative impact on the financial position of both parties.
Mediation can resolve conflict in less time which is good for business but this method focuses on
compromising so one of the parties may have to loss something in order to resolve dispute. This
can make negative impact on performance of business. Negotiation is a method of resolving
conflict without involving other people. High level of secrecy can be maintained in this approach
which is essential for business organisation. The chances of resolving conflict is low in this
approach because of informal approach. Years can be taken in solving issues and business firm
cannot afford it as it is unfavourable for their business.
TASK 4
In order to provide legal advice to people, legal authorities introduce legal consultants who
having appropriate skill or knowledge and experienced in provide best possible to advice to them
(Abatino, Dari-Mattiacci and Perotti, 2011). Members of parliament select one person form
various applicants who hold degree in law and responsible to resolve dispute of parties.
Solicitor- This is the legal consultant which is selected by legal authorities who having
ultimate knowledge of law (Abatino, Dari-Mattiacci and Perotti, 2011). Numerous people are

applying for the same post but select only one. Person should be select on the basis of knowledge
skills and work experience. Objective is to solve the matter between the parties , to give guidance
and direction to them.
Barrister- Legal consultant can give advice to people to solve disputes among them.
M4
Both ADR and courts are responsible to resolve matter of parties who lodge their
complaints for get best possible solution. Most of the people depends on the ADR concept for
resolve dispute in effective manner. In given case Antwon and Tyrell have to lodge their dispute
in this legal proceeding for resolve the same. ADR provide faire, fast and timely justice to people
which is better than courts.
CONCLUSION
According to this report business law can manage the entire management . Entire legal
authorities of United Kingdom follow English legal system in order to deal with people and
resolve their matter as well. This concept can mention both criminal and civil law which can
entertain cases according to the jurisdiction. Different sources of laws are mentioned in this
project such as constitution, executives, common and case law, legislature etc. Act of parliament
play significant role in law making process. According to the rule of Employment Act 1946,
employers provide safer and healthy environment to protect their lives. Through this they can
keep workers for long time and able to attract large number of customers. The Consumer
Protection Act 1986 has been also discussed ion above report and identify that act is helpful to
protect rights or interest of people. Alternate Dispute Resolution is a process which solves the
conflicts and disputes among parties. Also there are two legal consultant known as solicitor and
barrister. They provide suggestions to people so that they can work efficiently and effectively.

REFERENCES
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Online
Sole Proprietorship. 2017. [Online]. Available through:
<https://www.entrepreneur.com/encyclopedia/sole-proprietorship>.