The Role of Laws in Business Organization

This report discusses the importance of laws in business organization, focusing on their role in creating an effective working environment, protecting employees from various hazards, and resolving disputes through arbitration strategies. The report provides references to relevant books and journals, as well as online resources, to support its findings.

Business Law

Table of Contents
INTRODUCTION...........................................................................................................................1
Section 1...........................................................................................................................................1
P1 Structure of the English legal system and sources of laws....................................................1
P2 Role of government in law-making and statutory or common law in justice courts.............2
Sections 2.........................................................................................................................................4
P3 (a) Legal obligation of employees.........................................................................................4
(b) Employees and their effects and contract law on their company..........................................4
Section 3...........................................................................................................................................5
P4 Legal and effective solution for the business problems.........................................................5
P5 Justification for solutions.......................................................................................................6
Section 4...........................................................................................................................................7
P6 (a) Concepts and benefits of alternative resolution of their disputes.....................................7
(b) Recommendation for alternative legal solutions...................................................................8
CONCLUSION................................................................................................................................8
REFERENCES................................................................................................................................9

INTRODUCTION
Laws are generally posted by legal bodies or authorities that works under the set of
protocols for the purpose of creating a free climate from any crime. Policies and procedures
which are created regarding the many of firms or industries in which included the set of beliefs,
values, norms for the corporate world. These policies as well as procedures have to be followed
by the companies for bringing effective legal working environment. In this project report, it will
divide into three parts and these will describes all roles and responsibilities of every individuals
who are working within the organisation (Bagley, 2010). There will also defines various laws of
employment so that company can easily understand the case in effective manner. This
assignment will helps in identifying various importance of laws, procedures and policies which
has made by the government legal authorities for the all business firms. It also elaborate a
systematic hierarchy of legal bodies as well as various ways for making decisions on any things.
Employees plays several roles for getting success of the business in effective manner.
Section 1
P1 Structure of the English legal system and sources of laws
English legal system is defined as the European legal frameworks that are expanded at
various countries including earlier English colonies etc. these systems are related with doctrine
of judicial precedents where they play role for judgement and they are bound with it regarding
several tribunal. These laws are related with society for their welfare as well as implemented for
developing the safety and security of community or any other regions. English Legal system is
generally concerned with several policies and decisions that taken by higher court which will be
consider as final. These decisions must be acceptable as lower judiciary have to accept this
judgement. It can be understand by its categorise which are divided into two parts such as:
Civil Law: In this law defined the various conflicts with in organisation and it may be
resolvable that company and management can solve these issues or problems. In other words,
Civil Law are categorised into two parts which are statutory and Non-statutory. In Statutory law,
they considered many of problems or conflicts of customers, suppliers and vendors (Bodie,
2014). These all are concerned in civil law that may be arise at daily basis or day to day
problems which is depends on the complaints or sued for any losses and damages of goods. On
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the other side, non-statutory considered the the breach of contacts as well as wrongful acts during
agreements etc.
Criminal Law: In such kinds of Law, government body use this for the purpose of
society welfare against the crime that can destroy the humans lives so this act is made for
protecting people from such crimes. Therefore, in this concerned only those case which is related
with criminals, terrorism as well as somewhere which are making interrogation in the case.
Sources of Laws:-
There are various sources of laws that support to frame these as in this includes several
criteria such as norms, beliefs, code of conducts, rules and regulations which must be considered
in the acts by the legal bodies or authorities for the best English legal structure. Sources of laws
support in finding the reason behind the introductions of several things because every and each
norms, rules and regulations have some specific motives or purpose (Kane, 2014). There are
some sources of laws that are discussed under below:
 Statutes: In this defined that Legal bodies are considered by the UK legislation
assembly for the parliament development. So these Act was enacted by parliament for
the maintaining environment and its development for the society welfare.
 Customs: In this consider various customs, traditions and religions of the country.
Therefore, some rules and regulation are enacted for that and different people have to
analysed all these of every region.
 Treaties: It also known as code of conducts of the country and it must be required to
follow all rules and regulations by the people because this is the society's part and this
should be obeyed in effective manner. In other words, Laws are generally related with
several treaties.
There are some court structure in the UK explained in this. The different types of courts in the
UK legal system and their interrelations are as following;
Supreme court: It is the most important tribunal in the system of hierarchy of UK courts
as in this decisions are made by the judges which is considered as final decisions. It must be
necessary to obey these decisions by other assemblies.
Criminal Court: This is generally related with crimes and handles these kinds of cases
with favourable decisions. In this included murder cases, rape, kidnapping and many more
criminal cases.
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Magistrate court: This assembly consider as the lower section that keeps for trials as well
as offense of concise and give priority for hearing some critical cases.
Crown court: These courts are usually consider for both as proceeding and primary
jurisdiction in criminal court that handle the civil cases in an effective manner.
Country court: It is civil comprised court which is sitting in around 92 cities in England
and Wales. The legal power of this court is to deal with various cases and situations which are
related with civil issues. In such assemblies, the circuit and district judge are involved for the
purpose of presiding over the cases.
High Court: This is the third highest court in UK which deals with various lawsuits of
civil and it use for judgements appeals that can be occurred in lower assemblies. It is situated at
Royal Courts of Justice in London, UK. In this included three division that are as follows;
 The Queen's Bench division
 The Chancery divisions
 The Family division
Illustration 1: Hierarchical structure of English structure, 2017
P2 Role of government in law-making and statutory or common law in justice courts
Government plays very important role in making effective country as they formulate
various laws for the nation including some facts and figures. They made Statutory rules that at
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the beginning it was known as bill which brought up in front of parliament. Apart from these,
systematic procedure is defined as the set of rules which are being followed by legislatures. It
generally follow after making laws that support in gathering information regarding any things
and made it effectively (Crane and Matten, 2016). General assembly has the top legislative
assemblies in the United Kingdom which are helpful in analysing and use for examining the
government performance. In the parliament, different MP (members of parliament) make
effective environment of their house included house of lords and they make decisions with
mutual agreements with different members. On the other side, selective MP brings the bill for all
house of lords and every individual has power or rights for selecting as well as rejecting the bill
if they do not find any profitable on that (Di and Matteo, 2010). Some procedures or steps are
here which have followed by the advisory bodies regarding laws such as:
Bill: it is defined as the presentation of law such known as bill and it can be divide in
three parts and these are follows:
 Public bill: in this involves the in information or data regarding country which
generally prepared by the cabinet and their main purpose it to reform the laws of the
nation. It it formed as a green paper.
 Private bill: It is normally prepared by the backbencher MP of the parliament such
known as private bills.
 Public bill: it has introduced by the local authority and large company of the UK
and there are various steps are included in this such as:
◦ First reading:- in this, bill is ready for reading as members of common house
can read this.
◦ Second reading: On this stage, there are systematic debate among members
regarding the bill that carried out in different ways as well as according to
discussion of people and their vote for bill that helps in taking decisions that it
should go further or not.
◦ Committee stage: In this, proper analysation has done that support in
understanding the bill in proper scenario which is needed (Eren, 2012).
Government find some advantage and disadvantages in this so that they can
better decisions about right assessment.
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◦ Report stage: In this phase, voting systems are being done which is its further
part and it generally bring by the members of house.
◦ Third reading: At this phase, all members take part in negotiation regarding the
bill which is being presented on the front of them so that they can make effective
and favourable decision which must be selected for proper agenda.
◦ House lords: In this stage, again bill is represent in the assembly for the purpose
of proper assessment of above all those phases in right way.
◦ Royal assent: Last but not least, as in this monarch approve the bill in the formal
way for becoming the parliament act.
Sections 2
P3 (a) Legal obligation of employees
Employees plays vital role in the organisation because they are key people who support
in achieving their goals and objectives (Foss and Knudsen, 2013). They manage and control the
business performance for effective running functions or operations. Employees have various
rights as well as some powers in the firm as legal bodies or government authorities has executed
several obligation and rules & regulations for the employees which are as follows:
Occupational safety act: It is related with safety and security of employees within
organisation. It generally consider the various aspects for safe, welfare, well being, development
and good environment for effective working so that workers can feel motivated and relax in the
business. Therefore, it is the duties and responsibilities of the top level management to create
safe or healthy environment or efficient work stations that must be free from dangers. It must be
considered as several protections criteria for the employees so that good working climate can be
create in appropriate manner.
Compensation of employees: This is related to the insurance which must be provide to
the employees with in the organisation. It is in the form of medical benefits, retirement and
allowances to the workers (Grund and fest, 2010). Compensations is based on extra benefits that
given to the people so that their needs and wants can be fulfilled in effective manner.
Equal opportunity: In this law, it is enacted that every people have rights to work in the
company and there should not be any discriminations between employees as equal chances must
give to every and each workers for effective performance. Therefore it has created for this
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purpose for making total equality among people and partiality on the basis of their age, gender,
race, caste and religion etc.
(b) Employees and their effects and contract law on their company
In this case study, it has evaluated that a 16 year old girl who is being appointed in the
company which make food. Although, one day she faced an accident during the work that was
ignored by the company's manager. Hence, from the water leakage, she has fallen down on the
floor and he got injured in her hand as it went inside the deep fat container that was hot and her
left hand burnt (Johnson, 2013). Therefore, as per the law of the country, it will be consider as
the unlawful or illegal of supervisor in the company. There are various unlawful activities which
are going on that organisation such as:
 The major illegal thing is that a girl who has the age of 16 is not applicable for the work
so it is unlawful that they are doing in the their firm.
 A girl got injured in her hand due to lack of safety and security in the organisation that
can leads more accidents in their department.
 Another unlawful aspect is that manager was ignoring such accidents instead of
becoming attentive and he was behaving like nothing happened in the firm.
 Many of illegal things was happening at that organisation.
Therefore, they have to use or follow employee's act that are introduced by the legal bodies of
the country. So, these laws and policies will helps in motivating employees as well as offers
several opportunities for different workers so that they can perform better at work at the firm
(Kinicki an d Kreitner, 2012). Government regulatory bodies have formulated various rules and
regulations that are applicable in the any nature of businesses. In this case, girl has power to
make sue over the manager for her injury as well as can go with claim so that she can improve
their people lenient behaviour.
Section 3
P4 Legal and effective solution for the business problems
(1.) As per this case study, in this described that Calvin who is working in clothing firm
which is a fashion house so he works with his colleagues. There was a supervisor and his name is
Donna, who leads and provide directions to the employees in right contrast. Once a day, Donna
checked his patty cash and she found that there was not enough cash in this. She terminated to
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Calvin from the work without any reason and proof because she thought that it was Calvin who
stole the money from patty cash. Such types of case is generally goes under unfair dismissal of
employees because she did not have any proof as well as genuine reason for firing to Calvin.
From above the situations, Calvin has right to sue on Donna for unlawful action, as
according to legal bodies of government, there are various solutions for these kinds of issues
some of them are as follows:
 After considering this case, it has been found that there should be required a research
team for identifying the hidden fact or things so that proper decisions can be take and get
best solutions in this situations.
 Here also needs some facts and figures for solving the major issues in right or appropriate
manner.
Apart from all these, it is considered that Donna should not terminate Calvin without any
reason and she must not make any partiality among employees so there should be favourable
decisions with in the firm.
(2) Other situations of the case study is related with making recovery by the insurance
company (Mann and Roberts, 2011). In this, father of Kelvin has their own shop which got
damaged due to fire and they opened their store at another place. He applies for fire insurance, so
the main motive of this study is to get recovery from all those wastages and also try to get more
funds from the insurance company after having lots of losses. Apart from all these, in this
considered that they do not want to go at court for this issues for the solving this situations and
they are avoiding to spend money on hearing. Kelvin's father was thinking for judgement after
meeting outside of court for better solutions of defining problems.
P5 Justification for solutions
From above the case study, it is required to find best solutions and resolve the problem
which must be relevant with facts and figures in appropriate manner. In the case of Donna and
Calvin, there was unlawful and illegal activities which could affected on their working situations.
Therefore, Calvin and his staff should make better decisions such as rules and regulation or
policies which brings hidden things and make effective organisation (Nichols, 2012). They also
required to ask the employees about their problems and any issues regarding the business for
appropriate solutions.
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On the other side, the case of Kelvin's father who is trying to solve the issues without any
involvement of court so that they can save more money and earn maximum amount from the
insurance company for recovery. So in such kind of case, they wants settlement without spending
money and also don not want to listen any hearing dates. So it is must to resolve the problem and
make favourable decisions as well.
In such case of Calvin, Donna made illegal decision or inappropriate actions against
Calvin that could be affect on his life and working conditions. Therefore, supervisor has to
required get alert regarding this concealed issues through implementation of operating tactics as
well as strategies. Apart from these, she should find the solutions by asking question to other
who work with Calvin within an organisation.
On the other side, the Father of kelvin was trying to solve his cases without involving of
court just because of saving currencies or money. He was obtaining the claim of huge amount
from insurance company for the purpose of store's recovery. His store was damaged because of
fire so that he wanted to recover that losses from enterprise.
Section 4
P6 (a) Concepts and benefits of alternative resolution of their disputes
Alternative Disputes Resolution process can be defined as the techniques which helps in
resolving the barriers or conflicts between two parties so this method is very beneficial for the
every organisation as they can adopt this at various situations or problems through mediators or
third party as well. It is very supportive in various areas such as:
Negotiation: In this, two parties come for agreements as there is no any involvement of
third party and they are liable for solving the issues or problems on their own behalf, so in this
the relevant facts and figures is discussed in appropriate manner for better solutions.
Mediator: In this, third party who takes responsibilities for transferring the message from
one party to another as their main motive is to solve the problem (Robson, 2010). Therefore,
mediators play an important role in resolving the problem by using various tools and techniques
that occurs in working place.
Arbitration: Arbitrators are those who resolve the problem regarding any issues. So in
such kinds of situations, contractors hire a person for solving the critical issues as well as remove
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the conflicts so that they can work in effective manner. Arbitrator provide best solutions to the
people regarding the facts and figures of problems.
Hence, from above situations, it is understood that disputes can be resolved by using
several alternatives and this must be in appropriate manner. It is beneficial for solving the
disputes among the parties so that better decisions can be made. There are various benefits of the
ADR that helps in providing best solutions of defining problems such as:
 There should be a proper statements for clearness and hidden things.
 This is very effective for the organisation because it takes responsibilities for
resolving the problems and make appropriate decisions without wasting any time of
individual.
 For this purpose, it requires less amount of funds for effective or efficient work.
(b) Recommendation for alternative legal solutions
According to this case study, the Antwon and Tyrell are person who is working from
many years. There were various issues or problems are arrived that took more time for resolution
because it created hurdles as well as conflicts between both parties so it affects on their working
and also hampers functioning of their working and enterprises. For this situations, it is suggested
that they should go for arbitration for solving their issues or resolve conflicts so that they can
satisfied with alternate solutions and it should be acceptable by all parties. Arbitrator will
provide favourable solutions to them so that they can resolve their problems in effective manner.
This is helpful to carry out better results by mutual understanding of both parties so that
they can satisfied with solutions by its accuracy. This method is favourable that use in right
contrast as includes internal affairs that can be used by an effective imaginary and they both can
involved in that scenario. It can be costly as well as expensive for adaptations but it is effective
for both party, therefore there is recommendation for Antwon and Tyrell that they should adopt
arbitration strategy for getting best solution that will support in making effective working
environment and resolve all disputes or conflicts.
CONCLUSION
From above report, it has been concluded that Laws play vital role in business
organisation and helps in smooth running because it support in enacting the various rules and
regulations so effective working environment can be create. This report is based on laws that are
being used in different companies and their main objectives behind this that shows the code of
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conducts and some of regulation in the business that are formulated by legal bodies regarding the
company. Apart from these, it has defined that laws play important role in protecting the
employees from various hazards.
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REFERENCES
Books and Journals
Bagley, C.E., 2010. What's Law Got to Do With It?: Integrating Law and Strategy. American
Business Law Journal. 47(4). pp.587-639.
Bodie, Z., Kane, A. and Marcus, A.J., 2014. Investments, 10e. McGraw-Hill Education.
Crane, A and Matten, D., 2016. Business ethics: Managing corporate citizenship and
sustainability in the age of globalization. Oxford University Press.
DiMatteo, L.A., 2010. Strategic contracting: contract law as a source of competitive advantage.
American Business Law Journal. 47(4). pp.727-794.
Eren, S.S and et. al., 2012. Caching message fragments during real-time messaging
conversations. U.S. Patent 8,255,473.
Foss, N.J and Knudsen, C. eds., 2013. Towards a competence theory of the firm (Vol. 2).
Routledge.
Grundfest, J.A., 2010. The SEC's Proposed Proxy Access Rules: Politics, Economics, and the
Law. The Business Lawyer, pp.361-394.
Johnson, L., 2013. Unsettledness Delaware Corporate Law: Business Judgment Rule, Corporate
Purpose. Del. J. Corp. L., 38, p.405.
Kinicki, A and Kreitner, R., 2012. Organizational behavior: Key concepts, skills & best
practices. McGraw-Hill Irwin.
Mann, R.A. and Roberts, B.S., 2011. Smith and Roberson’s business law. Cengage Learning.
Nichols, P.M., 2012. The business case for complying with bribery laws. American Business
Law Journal. 49(2) pp.325-368.
Robson, R.A., 2010. Crime and punishment: rehabilitating retribution as a justification for
organizational criminal liability. American Business Law Journal. 47(1). pp.109-144.
Online
Alternative dispute resolution (ADR). 2017. Available through
<https://www.citizensadvice.org.uk/consumer/alternative-dispute-resolution/settling-
out-of-court/>. [Accessed on 1st September 2017]
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