Business Ethics and Corporate Governance

This assignment delves into the realm of business ethics and corporate governance, examining various aspects such as social responsibility, business ethics practices, and the impact of law on business decisions. It discusses the importance of corporate governance mechanisms, the role of business ethics in education, and the influence of law on business practices. The assignment also touches upon topics like alternative dispute resolution, business law, and the changing face of transnational business governance.

BUSINESS LAW

Table of Contents
INTRODUCTION...........................................................................................................................1
TASK 1............................................................................................................................................1
P1 Structure of English legal system and different sources of laws...........................................1
P2 Role of government in law making and applied statutory and common law.........................3
TASK 2............................................................................................................................................5
P3 Impact of law on business organisation.................................................................................5
TASK 3............................................................................................................................................7
P4 Appropriate legal solutions for this problem ........................................................................7
P5 Justifications for solutions for the appropriate cases.............................................................9
TASK 4............................................................................................................................................9
P6 (a)Concept and benefits of Alternative Dispute Resolution Process.....................................9
b) Alternative legal solution and consider legal system of country..........................................10
CONCLUSION..............................................................................................................................11
REFERENCES .............................................................................................................................12

INTRODUCTION
Business law deals with developing of new business enterprise and some issues
generating as existing business interact with other organisations, people, government
etc. In law, there re different types of legal disciplines in which involves tax law, real
estate, law related to employment, intellectual property, secured transactions etc. In this
report mentioned about the structure or framework of English legal systems and various
sources of laws (Cheeseman and Garvey, 2014). Government plays important role in
making legal system. There are some laws which affect on business enterprise that
laws are related to harassment, occupational safety and health, equal opportunities. In
this report, there is a case study and in this case study mentioned about the potential
impact of contract law and relevant employment on organisation. If there is any problem
in a business firm, then it is a responsibility of shareholders to find out the appropriate
legal solution with the help of government.
TASK 1
P1 Structure of English legal system and different sources of laws
English legal system of country is a common legal system which are governing
by Wales and England, deals in civil and criminal law. The United Kingdom developed
different laws in different regions. In this law involves common law, legislations and the
other laws which are developed by parliament, judiciary. The structure of English law
follows the hierarchy of regulatory bodies. The structure of this is headed by Supreme
Court. Criminal and civil cases are consists by justice of High court (Kinicki and Kreitner,
2012). This English law is a common law. It is a law that holds it is a unfair treats that
are same different because it happen on different social occasion. In this, English Legal
Systems, there are different sources of law like equity law, European law, common law,
judicial precent or case law and legislation.
Equity law- Equity is related to fairness, justice and morality. This law was
developed through English court. The equity is a specific set of associated procedures
and rectification and these all are dignified from legal ones. This law is used when the
legal remedy is inadequate.
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European legal system- It is a law which operates in various states of
European Union. The main objective of this legal system is to promote peace. This law
is divided in to two main parts that are primary and secondary. In primary legislation, the
treaties are the foundation of ground rules and in secondary law involves some
decisions an regulations which are derived from goals and principles set out the treaties
(Cavaliere, Mulvaney and Swerdlow, 2010). Treaties are those legal bodies which main
legal and healthy relationship among two different countries. The United Kingdom is
involved in introducing different agreements with other countries to increase the import
and export for maintain the economic productivity and growth.
Common legal system- It is derived from English law. In this law, judges should
consider the decisions of previous courts regarding same cases at the time of making
own decision. At the time of making decision, judges of courts use the common
practices of that country.
Case law or Judicial precedent- It is a decision of a court which is utilized as a
source for the future decisions. In this, at the time of judgement, judge will find out the
facts and figures of case and then give the final decision. It is very necessary source of
English legal system which helps in creating the new rules and regulations. The Judicial
precedent is based on the stare decisis which are related to stare decisis. In this, it is
necessary to follow the previous decisions which are based on previous judgements.
Legislation- Each and every country has its own legal system (Bagley, 2010). It
is basically a law and enacted through governing body. In this, the laws are developed
by houses of parliament.
Statutory laws- This law is enacted through a legal body and it is generally
utilise to explain written laws. It is different from administrative and regulatory laws and
it introduced by the decisions of previous courts.
Acts of parliament- This act of parliament develops for changes in existing legal
systems and make new laws. The government of United Kingdom is responsible for
delivering new legal systems in to actions which are passed by parliament.
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P2 Role of government in law making and applied statutory and common law
The role of government is very important in making legal system or law.
Parliament of United Kingdom country makes law and the government helps in applying
law in to actions. There are three main levels of law making and these are
 National parliament
 State parliament systems.
 Local municipalities
The government of United Kingdom faces issues while making new laws and changing
in existing laws. Parliament of UK country do three main functions and that are creating
an interests, to pass all laws and then monitor actions (Nichols, 2012). The House of
Lords and members of parliament plays important role in decision and law making
process. A Bill is a planned law which is developed in parliament. Once this bill is curb
and then take the permission through Parliament and also received the Royal Assent. A
bill can be produced by members of parliament. The parliament is involved in the
process of legal system making. There are some steps are including in law making
procedures:
Problem or issue merges on government's agenda- These two lord houses
and members of parliament discuss about the specific problems. They both are consults
and discuss about the goals and aims that are necessary to achieved at the time of law
making process through government.
Ideas for addressing issues- In this step, finds appropriate solutions for the
particular problem that has to enlisted in bill which is determined by government of UK.
Consult with interested people or groups- The interested people or group of
people are consult about the specific issue or problem and also help in make the
appropriate solution (Crane and Matten, 2016). In this, there are two types of papers
included:
 Green paper- It is a outline or blueprint of bill. This paper is made for
purpose of discussion the particular issues by the government and it is
generally followed through white paper.
 White paper- This paper is works as a informational document which are
issues by an organisation. The main purpose of this paper is to make
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developing new law which are related to the particular problems and that
are faced by economy of country.
Cabinet ministers must agree with proposals- In this step, there should be
approval of Cabinet Ministers about the bill.
Parliament includes and scrutinises bills- In this, there is a need to meet
acceptance from Common and Lords houses, there are many amendments involved in
bill.
Parliament stages- It is a last stage and in this there are some parliament
stages are as following:
1. First reading- In this first step, involves arrives the bill to legislative
assembly. In first reading, the content of bill is understood by the
members.
2. Second reading- It is a next step, it gives chance to all members to
debate on bill making purpose and also on the areas of bill. The members
of parliament see that the bill is go forward properly or not.
3. Committee stage- This bill is take in to account by members of
parliament, committees etc. These all are for taking examination in detail
form. There are many amendments made for bill in case of any
necessities.
4. Report stage- If there is any types of changes in bill, then it is necessary
to report or inform to the Parliament house (Foss and Knudsen, 2013). All
members of parliament may review the bill.
5. Third reading- In this stage, the parliament members finally vote on bill
and also fill the final form. Through vote, it will be decided to accept and
rejection.
6. Bill approved by one chamber is considered through other- After the
approval from House of Commons, it is necessary to sent the Bill to
House of lords. If this House of Lords do any changes in bill then it will be
return House of commons for members of parliament to regard the Lords
amendments. After this both Lords and Commons should be agree on
final changes of bill before implementation.
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7. Monarch Assent turns a bill in to an Act- After the approval from House of
commons and Lords, the monarch will receive the bill and it is known as
Royal Assent. It provides their permission on the suggestion of ministry.
The common law and statutory law both are applied in justice courts ( Grundfest,
2010). At the time of applying these laws, it is important and necessary to make
statutory interpretation. It is basically a process through which the court apply and
understand the legal system. It is developed and applied through parliament. There are
some aids are included in this interpretation:
Sources of European Union law- In this law, there are two sources and these
sources are primary, secondary law. Primary law means the legal agreement among
two parties which are made by European Union. The secondary legal systems are those
legal instruments which are based on agreement and also involves practice and single
secondary legal systems.
Human rights Act 1998- This law is passes through government of United
Kingdom. In this, there are some rights are included:
 Right to give respect for family and private life.
 Right for freedom
 Right to live
TASK 2
P3 Impact of law on business organisation
At this present time, every business enterprise operate under the policies, rules
and regulations which are made by government and parliament both. Business should
be work under legal boundaries. If business organisation will not work by following the
legal regulations , then it will impact on business process (Halbert and Ingulli, 2011). At
the times of formation of company, it is necessary to register the name under
memorandum of association, if company does not registered name under it, then the
company will not be considered as under legal framework and it impacts bad on
business firm.
A) There are some legal obligations by which an employee and employer should
company which are mentioned as below:
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Workers Compensation- It gives medical benefits and wage replacement
system to injured employees. The company provides some benefits in exchange of their
service (Bishara, 2011). The benefits can be provided through medical care and through
cash. The department related to Office of Workers Compensation Programmes (OWCP)
provides four major compensation programmes:
 provide medical treatment to injured employees.
 Benefits related to wage replacement
 Vocational rehabilitation
 other benefits
To reduce the impacts of employees accidents and their injuries, it is necessary
to give them instructions and training related to new machineries. From this, the
accidents will be reduced. If company does not provide any instructions and any
medical facilities, then it affects on business process and employees will not work well.
Equal opportunities- In an business firm, there should be equal opportunity
given to all employees whether the employee is a female or male. There should not be
any kind of discrimination arise. The company should be treating all employees equally.
In an enterprise, there are discrimination related to gender, religion, race, nationality etc.
So, it is necessary to give equally pay and opportunities to all employees in an
organisation. If company will not do it, then all employees will not feel safe and also will
not consider themselves as a part of a company (Law, Qi and Buhalis, 2010). It can
impact on production and operation process of business.
Occupational safety and health- The employers should be take care of health
of their employees. For reducing this, it is necessary to provide training to all employees
related to new technologies and new machineries. The occupational health and safety
act is made by government and it is basically related to employee's safety and health.
For reducing it, company conduct the programmes related to issues and problems and it
helps in reducing the accidents in at workplace and it will be beneficial for workers,
stakeholders etc.
Harassment- It means the misconduct, unwanted behaviour from one person to
another person in an organisation. It is not good for the company's productivity and it is
generally with the female employees or workers. For stop harassment, the management
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of company conducts harassment programmes for employees and it also helps in
reducing the harassment.
B) From the above case study, it is determined that there was a mistake of team
leader and he is not take care about the employees health and safety. There are two
acts are consists employment right and contract act and in this, there is a breach of
these two acts (Reinhardt and Stavins, 2010). According to employment right act, team
leader should be provided safety and healthy environment to girl. If he provides safe
working environment then the she did not injured and according to contract act, it is a
duty of team leader or manger to take the health of his employees or team members.
So, from this, girl can claim for compensation.
TASK 3
P4 Appropriate legal solutions for this problem
1) Donna did unfair act with Calvin. The company should be comply with all types
of legal system that are developed by government of United Kingdom. This business
organisation must be follow many laws which are under the Employment act 1996.
Under this act, the manager of this company should be provided all rights and protect
employees at workplace.
Unfair dismissal- It is depend on the particular reasons and response of
employer at workplace. Donna should not be terminated Calvin without knowing the
reason. If employers will behave positively with their employees then, it consist in fair
dismissal. If mangers will behave negatively then it will consider in unfair and it is not
good for the company's productivity. In this case study, Calvin works there from last
four years and he was good in working. So, Donna should be know about the reason
behind this (Chemerinsky, 2016). If Donna treated Calvin in better way, then it will be
fair dismissal. Calvin is a old employee and from this, Donna gave him a chance to
prove himself. The appropriate solution of this problem is that Donna should be consult
about the problem or issue with other people or trade unions. Without any knowing
reason, company can not terminate. Donna has to find out the appropriate reason to
terminate him. In this case, Calvin can take legal steps and these legal steps are as
follows:
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 Calvin can demand for compensation.
 He can demand for inquiry
 Calvin can demand for re statement.
Wrongful dismissal protection- It means when employer dismiss employee
without giving any notice or terminated from employment. In this case, Donna can not
terminate Calvin without giving any notice. Calvin can sue case on this business
organisation as well as on Donna for not giving any notice period. Before terminating,
Donna should be given notice period to Calvin to proof his innocence (Fassin and
Buelens, 2011). It is based upon the contract among two parties Donna and Calvin, so
this breach of contract by Donna can be give right to Calvin to sue for this wrongful
dismissal.
In addition to this, there are certain rights of employees when they are
redundant-
Offer of alternative work- Employer of this organisation should be offer another
work or job employee. It will be consider as fair dismissal with Calvin.
Notice period- Before terminating Calvin, Donna should be given him a notice
period. It is a time period that has to be given to Calvin by Donna before termination or
ending his employment.
Redundancy consultation- In this, before termination to employee, employer or
company should be start consultation at least 30 days ago. In this case, if Donna does
not consult with Calvin in proper way, then it is a right of Calvin to claim against his
employer.
2) In second case study, it is advised to MR. Dan, according to contract law,
the terms and conditions in agreement is unconditional (Muchlinski, 2011).
Dan can claim for insurance of his shop and the insurance company has
to give claim to him. He can liable to take any action against the insurance
company. In this case study, the agreement is enforceable by law.
P5 Justifications for solutions for the appropriate cases
In justification of case first case, Calvin can claim for compensation and he can
also sue case against company and against Donna for not giving him any notice of
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termination. Employer should be discuss about the employee case with trade union
members and then consult with Calvin regarding his case. Donna should be given a
chance to Calvin for proof himself innocence. Without knowing any reason, employer
can not terminate him and it is concluded as unfair and wrongful dismissal. Donna did
wrongful and unfair thing with Calvin (Hayden and Bodie, 2012). In second case study,
Mr. Dan can not can not file case on the insurance company, he can only complain
against the insurance firm by writing a formal letter. Behind rejection of claim, there can
be many reasons such as:
 If in case Mr. Dan will provide wrong and irrelevant information about the
damages.
 If Mr. Dan will not able to give the correct answers of insurer questions.
United States Arbitration
On the basis of Sec. 94, There is no right to manager to terminate employees
unfairly. If in case, manager terminate a staff member, then employee has a right to
claim compensation on employer.
According to sec. 95, In some cases, employer has a right to dismiss employee
from job:
 If in case the staff member is recruit for particular period of time.
 In an agreement mentions that employer can terminate its employee
without proving notice period. In this case manager can dismiss employer.
According to sec. 96 (Unfair dismissal)- In case if an employer dismiss its
employee from job with out any reason. In regards top it, employee can sue son
employer. So, for terminate employee, employer should have the specific reason.
TASK 4
P6 (a)Concept and benefits of Alternative Dispute Resolution Process
It includes the methods to resolve disputes among two parties. To make the
solution of problem, it can involve third part like for instance mediator (Munch, 2012). In
other words can say, the dispute parties can settle their issues with the help of third
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party. The main advantage of this dispute resolution is to minimize the burden on court.
There are some advantages of Alternative dispute resolution:
 It is less difficult and less formal process.
 Both parties can choose a common mediator who are expert in solving the
dispute problems.
 There is flexibility in scheduling and suitable for conflicts
 To solve dispute in short term.
 Less expensive because there is no need to pay courts
There is a process of Alternative Dispute Resolution:
Mediation- It is useful when there is any sensitive relation among two
dispute parties. This process is a voluntary process and in this, these both parties select
a mediator or a common person by their mutual consent to resolve issues or problems.
Its main focus is on resolution of problem.
Conciliation- it is generally used to make the solution of dispute between two
parties and to resolve problem, third party uses Interventionist approach to solve it.
Third party plays important role in making the judgement. In this process, both parties
are free to choose many variety of options in evaluating the results. It does not consist
the court process. It is less formal process.
Arbitration- In this process, there is a independent arbitrator. Arbitrator listen the
statement of both parties and then make the proper solution. It is more formal than
conciliation.
b) Alternative legal solution and consider legal system of country
The dispute arise because of Antwon, his employees use the software which is
made by Tyrell (Muchlinski, 2012). From this, conflict is arise. He should protect his
software through copyright and from this dispute does not arise and now they trying the
resolve the confit and want to make their relationship harmonious and healthy. They can
resolve conflict with the help of arbitration and conciliation. To resolve conflict, they
should appoint or choose a common mediator who is perfect in resolving the issues. He
makes decision by listing the statements of two parties and then make a proper solution
or conclusion which is favourable for both parties. There are some legal system of two
different countries of Alternative Dispute Resolution. In United Kingdom, if there is any
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dispute, then parties conclude the solution without going to court. The government of
UK country wants to inspire the development of Alternative Dispute Resolution and it
should be good for the business of an organisation (Dahan and et.al., 2010). In this
country, there are two forms of ADR:
 First form is mediation, in this third party helps the both dispute parties to
make proper solution from the mutual consent.
 The second form is Arbitration, the third party makes solution by including
the all facts and figures related to conflict.
The government of United Kingdom, developing many schemes related to ADR
and the schemes are related to particular sectors like telecom, financial services and
energy sector.
In case of United State, to resolve the dispute, both teams use alternative
methods like mediation and arbitration. If there is a party related to commences
litigation, then in case judge must be give permission to both parties for entering in
mediation to make the proper solution of issues (Granovetter, 2010).
CONCLUSION
It is concluded from the above report that there are various types of legal system
which are followed in organisation in order to solve problems which are faced by
individuals. Various sources relating to laws are designed which an organisation should
follow. Duties designed for government officials reading laws which are helpful in
providing justices in law courts. Legal obligations are defined in relation to health and
safety of employers, equal opportunities act and compensation of workers at work
place. Problems which requires effective legal solutions should be given effective
consideration and measures to solve problems in efficient manners. Impacts relating to
positive and negative legal solutions in solving various problems. Legal advices should
be taken in case of complicated situation if problems are not solved by appropriate
measures. If there is any dispute among two parties then in this case company uses
arbitration, mediation and conciliation to resolve the conflict or dispute.
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