Business Law Report

This report examines the English legal system, including its sources of law and the role of government in lawmaking. It then analyzes the legal obligations of employers, focusing on workplace safety, employee compensation, and fair dismissal practices. The report applies these concepts to a case study involving Sunrise Retails, exploring legal solutions for employee termination and the benefits of alternative dispute resolution (ADR) methods.

Business law

Table of Contents
INTRODUCTION...........................................................................................................................1
TASK 1............................................................................................................................................1
P1. English legal system and various sources of law .................................................................1
P2 Role of government in making law .......................................................................................3
SECTION 2 .....................................................................................................................................5
P3 (A) Employer's obligation......................................................................................................5
P3 (B) Laws affecting Sunrise Retails .......................................................................................7
SECTION 3......................................................................................................................................7
P4 Legal solutions for given case................................................................................................7
P5 Justification ...........................................................................................................................8
P6 Solution according to Alternative dispute resolution ............................................................9
Conclusion.....................................................................................................................................12
REFERENCE.................................................................................................................................13

INTRODUCTION
Business law refers to legal rules and regulations imposed on organisations while
conducting any type of business or trade in a particular market. It is very important for
entrepreneurs to consider each and every law in order to legally perform their business activities.
Present report will determine the framework of English legal system including civil and criminal
law. In addition to this, various sources of law will be identified in the assignment, for example
legislation, case law, human rights, etc. The report will also determine workplace safety
measures and duties of directors as well as manager while getting the company registered.
Furthermore, Alternative Dispute Resolution will also be discussed in the report along with its
benefits.
TASK 1
P1. English legal system and various sources of law
The English legal system is considered in Wales and England which include both civil
and criminal law. None of the code of conduct is followed as the law is developed by
professional judges in the court and the laws are prepared with reference to previous decisions
and cases. In the United Kingdom, Supreme Court is known as the top most appellate(Waldron
and et.al, 2017).
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Illustr
ation 1: English legal system

The English legal system is known to be one of the biggest legal systems in Europe. It is also
widely present in English colonies such as Canada, Australia, USA, New Zealand and Australia.
The English law system can be classified mainly into following parts -
 Civil law – The civil law is related to dispute in between two parties such as consumer
and supplier, employee and employer, etc. In these types of cases, aggrieved party sues
other party with an aim of attaining justice in court. The guilty party needs to pay for the
damages caused. It consists of torts like nuisance, negligence, breach of contract and
defamation. The main elements of civil law are County courts, High court of Justice and
Court of Appeal; these bodies take care that the law imposed are been followed properly.
 Criminal law – It is regarding crimes and offenses within the society which are accused
by the community, state or nation. The criminals are punished in order to prevent and
stop illegal activities. Major constituent that deals with the criminal laws are crown court,
court of appeal and magistrate courts(Schaffer and et.al, 2017).
The supreme authority involved in law developing procedure is the Parliament of the nation. The
main sources of law are as follows -
 Case law – It plays an important role in developing law. The laws developed interpret the
statutes. Various situations and circumstances need to be covered in the process of
making any law. The court tries to interpret law which has been approved or sanctioned
by the parliament. It also simplifies complex language and also identify errors which
occur in developing the statue. It is necessary to correctly interpret the provided
provisions as decisions taken by court are on the basis of the same. In addition to this, it
also assists in taking accurate and consistent decisions in the cases that can arise with
regard to future cases. It also predicts the results of various cases(Ferrell and et.al, 2016).
 Legislation – It is starting at the point when the members of parliament introduce the bill
at the parliament which may influence a huge amount of public in the nation. The private
bills which are brought by non-government members that affect only a particular type of
locality or individuals. It involves initial reading, secondary reading and various stages of
committee and report. At last, it also includes third reading before it is forwarded to
House of Lords. Important amendments are made within House of Lords in the bill that
was presented previously. Once it gets royal assent, the bill gets approval and it is
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accepted as a part of law. It also unifies existing laws in which various statutes come
altogether as one with no changes. For example: The insolvency act, 1986.
 European Union Law – United Kingdom is a member state within European Union that
also presents adaptability of European Union in the United Kingdom. It requires
following provisions of justice of the European Union.
 Human rights law – UK is a main or signatory country in the European convention of
Human rights. The Human right's act, 1998 assists the courts of United Kingdom in order
to protect the various rights which are already identified by European convention of
Human rights. It highly affects the law making procedure in UK.
P2 Role of government in making law
Government assumes crucial part in law making process. Government MPs bring the bill
which can be changed over into law after a few readings, revisions and so forth. Different
advances are engaged with law making process, for example -
Development of an issue Various political gatherings battles in the
decision where they crusade themselves in by
examining their dreams to the general
population. It causes them to pick up votes and
win in the race. In the wake of influencing the
administration they to choose to satisfy the
guarantees made by them in decision
statement.
Tending to the issue After distinguishing the issue, the legislature
chooses that how the issue can be tended to.
Proposals of new laws in view of scope of
issues, for example, well-being, instruction, tax
collection and so on is managed. The resistance
parties must be concur with the proposition as
government pastors.
Interested people are consulted Only pastors bolster can't secret a thought into
law. The proposition and its practicality is
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counseled with the specialists, intrigue
gatherings and individuals who can get
influenced with the arrangement. They are
requested to remark on proposition on a green
paper. It can likewise deliver white paper
which is a firmer proclamation about
government goals
Cabinet ministers must be agree with the
proposal
The point of government pastors at this stage is
to induce bureau clergymen for the
endorsement of the proposition so it can be
stretched out as a bill in the parliament.
Further, the board in charge of setting up
government's authoritative program should
likewise choose the proposition. The enactment
board of trustees takes an official conclusion
that whether the proposition will be displayed
in the parliament or not.
Proposals are converted into bill After the consultancy and endorsement of
proposition with specialists and bureau serves,
the dependable priest readies the guidelines of
what should that bill consist of. Proficient
attorneys change over the administration
proposition into brief enactment.
Bill comes into scrutiny House of parliament considers the proposition
which are presented by the administration. The
bill is required to be endorsed by both the MPs
in House of Commons and companions in the
House of Lords.
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The above procedure demonstrates that administration part is crucial in producing the
thought, discovering the issues, getting it affirmed from the bureau clergymen and influencing
the directions to prepared which is to be exhibited in the parliament. Alterations are likewise
tabled by the administration and conveyed as proposition to the parliament.
Precedent-based law have been created by judges, courts and councils of comparative
nature. On the off chance that any comparable sort of choice have been taken by the court in past
then reasons utilized as a part of prior choices are utilized as a part of the present case as well.
Further, court will undoubtedly take decision in light of it. In the event of exceptional conditions,
new law can likewise be created in view of the judgment go by the judge. As indicated by
statutory law, the choices of the courts are taken in view of the statutes. The elected and state
government pass different laws and laws. Further, new laws are likewise issued with a specific
end goal to meet the requests of the nationals and resolve remarkable issues(Peng and et.al,
2017).
SECTION 2
P3 (A) Employer's obligation
There are different commitments on bosses with respect to its representatives.
Occupational health
and safety
It is the obligation of
the business to deal
with well being and
security of its worker.
It implies that the
representative should
ensure that specialists
are kept in a secured
situation. They ought
to be far from any
hazard or damage to
health that can come
up at the work
Workers
compensation
It is the obligation of
the business to deal
with well being and
security of its worker.
It implies that the
representative should
ensure that specialists
are kept in a secured
situation. They ought
to be far from any
hazard or damage to
health that can come
Harassment
The association ought
to have stringent
guidelines identified
with lewd behavior at
the work put. It is
unlawful to segregate
in view of sex under
Equality Act, 2010. It
is culpable in nature
and the business must
record a protest against
the worker discovered
associated with this
Equal opportunities
Equal chance of
business ought to be
given to workers.
Fairness implies
ensuring the social
equality of individuals.
All representatives
ought to be given with
reasonable access to
boss advantages, for
example, protection,
inability, facilities,
remuneration,
advancement and
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environment. The
substance can name
well being agent
which ensure that
every one of the
measures of essential
assurance have been
taken and
representatives are
protected to work in
the earth. The place
ought to be perfect,
clean and workable. It
is the lawful
obligation of the
business that it takes
after every one of the
rules that have been
issued by government
in 'Health and Safety
Information for
Employees
Regulation' (HSIER).
Each worker ought to
be furnished with
endorsed pamphlet
'Health and security
law: What you have to
know' which covers
British Health and
security law.
up at the work
environment. The
substance can name
well being agent which
ensure that every one
of the measures of
essential assurance
have been taken and
representatives are
protected to work in
the earth. The place
ought to be perfect,
clean and workable. It
is the lawful obligation
of the business that it
takes after every one
of the rules that have
been issued by
government in 'Health
and Safety Information
for Employees
Regulation' (HSIER).
Each worker ought to
be furnished with
endorsed pamphlet
'Health and security
law: What you have to
know' which covers
British Health and
security law.
sort of exercises. employment
obligations
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P3 (B) Laws affecting Sunrise Retails
Laws affecting the organisation while getting registered as a private limited company
There are various legal regulations and rules needed to be considered while getting a
business registered. The first step is to select the form of legal structure, it is to choose the
jurisdiction that is selected for the Sunrise Retails. This registration is required to renew every
year to make sure that the organization is in existence legally. The second step is to obtain a tax
id, it is very important step in registering a company. Obtaining a tax if from the IRS is essential
for developing g a separate identity, creating separate taxation and activate various tax benefits
of the selected business entity form or type. The next legal requirement is obtaining business
permits and licenses. Many organizations require obtaining a license in order to operate legally at
a particular place from the local municipality. There may be fine or penalties charges if a n
organisation fail to do so. There may be other laws and regulation which may be imposed on an
organization or business depending upon its nature and purpose(Dantressangle and et.al, 2017).
SECTION 3
P4 Legal solutions for given case
1. Fair and Unfair dismissal - Dismissals are classed as 'automatically unfair' if the reason
for dismissal is affiliated with an employee exertion particular rights associated to:
 pregnancy: regarding all reasons associated to maternity
 Family reasons: considering parental leave, paternity leave, birth and adoption.
Acceptance leave or time off for dependants
2. Constructive dismissal is a situation where the employee is forced to leave or quit his/her
job not because they want to, but because of the employer's conduct.
3. In law, wrongful dismissal, also known as unjust termination or wrongful discharge, is a
condition in which an employee's contract of employment has been terminated by the
employer, where the termination breaches one or more terms of the contract of
employment, or a statute provision or regulation in employment law
Other legal solutions for the case can be described as below -
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1. Employee compensation-Employees must be compensated in the event of any
incident occurred in the workplace. It is the duty of employers and of organisation to
make ensure that employees may be given adequate safety in the workplace and if any
harm occurs, then he should be reasonably remunerated. It is justified that
compensation to worker should be able so that he may discharge its allotted
responsibilities well and as a result, compensation may be given to him.
2. Legal defence-Legal defence is applied to employees and even company. In this
case, employee has been harassed and as a result, legal defence is applicable to it for
fair justice. As such, legal; defence render legal support to employees.
3. Compliance & regulation-The organisation should abide by the laws which are
governed by the system to perform the duties and working effectively. Compliance is
essential as organisation requires adhering to various laws to achieve tasks effectually.
Also, it is required that company should respect the laws so that it may run its operation
with much ease.
According to the case give Sunrise ltd needs to terminate the employees working at the branch
situated at Whitechapel. Sunset Ltd will execute Sunset Ltd Fair dismissal for termination of the
employees. This can be a legal issue or problem for the company as they have to breach the
employment contract prepared with the employees(Katznelson and et.al, 2016).The law states
that employer or organisation can not terminate an employee without any prior notice or proving
justified reason of the termination. In the situation of Sunrise ltd, it can be essential for managing
the circumstances or it will be an illegal act which can lead to legal consequences. In order to
legally handle this situation it is important for Sunrise ltd to take a fare and legal action before
terminating the employees. It is sensible for two supervisors or different managers to go to the
Termination meeting - one to talk and the other to go about as a witness.
Termination meeting can be helpful in reducing the impact of conflict situation and also avoid
any further enhancement of the issue. In a termination meeting the speaker ought to for the most
part adhere to a cautiously worded content, and there ought to be a changeless record - generally
composed - of information exchanged. Set up an announcement for different workers and, if
proper, the media. On the off chance that you can, concur it with the withdrawing worker. In any
occasion, guarantee it is entirely precise - and not defamatory or generally unlawful. In the event
that you can, concur with the representative which perspectives (assuming any) of the end
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(reasons, subtle elements of any settlement, and so forth) are to be kept classified. In the event
that there is to be a settlement with the worker, guarantee they consent to a trade off
arrangement, giving up their entitlement to make future cases against the business. Accept expert
counsel to guarantee the agreement is watertight(Karpoff and et.al, 2017).
Help the representative to remember any non-contend, non-sales, non-poaching or privacy
provisions they are liable to and, in the event that they are an executive or senior supervisor, their
general obligations of classification. Do this in composing, setting out the results of rupturing
such commitments, as there is a record or evidence. Continuously consider taking master lawful
exhortation to guarantee risk are distinguished and limited. The company can also select some of
the best employees and transfer them to other branch.
P5 Justification
The legal solution for the Sunrise ltd as given above is appropriate and easy to
implement. The company has As indicated by Unlawful and wrongful rejection under the work
demonstration of United Kingdom the business contract can't be ended with no earlier
notice(Singh and et.al, 2017). There ought to take after necessities in order to get canvassed in
unjustifiable rejection:
1. No reasonable reason of rejection
2. The issue have been managed unreasonably
In the above case, the employees had ideal to sue the business and get guarantee. It is a statutory
right that has been canvassed in the demonstration of parliament which has been broken by the
business. Conducting Termination meeting can effectively help Sunrise ltd to resolve the issue
with employees, employees can also negotiate and share their views or demands with the
directors of the company. This can help in managing issue or conflict at initial level without any
legal consequence or case inside the court.
P6 Solution according to Alternative dispute resolution
Alternative Dispute Resolution alludes to change of procedures that causes gatherings of
organizations to determine question with no trial. These procedures are generally private, less
formal and less distressing than conventional court procedures. As expanding court lines,
increasing expense of trial and the time defers keeps on defiling cases, more states have started
trying different things with ADR programs. A portion of these projects are willful, others are
mandatory(Dantressangle and et.al, 2017). Alternative Dispute Resolution is otherwise called
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External Dispute Resolution in a few nations. It is the aggregate term which can resolve the
debate with or without help of outsider. ADR is picking up acknowledgment among both the
normal open and lawful calling as of late.
Sorts and Process
Elective Dispute Resolution can be principally handled into 3 composes i.e. Intervention,
Arbitration and Neutral assessment(Yaxuan and et.al, 2016).
1. Mediation - In Mediation, an individual alluded as middle person encourages the
gatherings to get a reasonable aftereffect of their debate. The middle person doesn't
pronounce the outcome yet encourages the gatherings to speak with each other and get
right choice. Intercession process leaves the aftereffect of debate on the individual
gatherings. Mediation process can be material for those question in which the gatherings
need to keep their connections. So this procedure can be utilized when there is debate
between relatives, neighbors or business accomplices. Intervention process isn't pertinent
when the gatherings are not prepared to bargain or one gathering among alternate has
more power in the business contrasted with other(Ghemawat and et.al, 2017).
2. Arbitration - In Arbitration process, reasonable individual called mediator hears the
contention and confirmations of each gathering and based on the contention gives the
aftereffect of the question. Assertion is additionally classified into two sub composes i.e.
Restricting discretion and Non-restricting intervention. Restricting intervention remains
for the gathering which are prepared to handover full case to referee and concur a
ultimate choice of mediator. Non-restricting discretion is the procedure in which the
gatherings are allowed to differ the choice of authority and interest for more trials. It is
more valuable for the situation where two gatherings needs third individual to choose the
determination to their debate yet in less time, cost and hearings.
3. Impartial assessment - In impartial assessment the unbiased individual called evaluator
offers opportunities to both the gatherings to show their sides. The evaluator at that point
portrays quality and shortcoming of each gathering and contentions with both the
gathering and demonstrates the path about how the question can be settled.
Alternative legal resolution for the given business issue
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There are many legal impacts or issues which are important to be considered by Smart
clothing, UK while expanding business outside Europe. These legal issues or challenges can be
described as below -
 Taxation – Taxes applied on the business or organizations may vary form nation to
nation. IT can influence the functioning of the organisation(Kitagawa and et.al, 2017).
 Intellectual property – The companies IP – Patents, Trademarks and other rights also
needs to get registered in each and every market in which the company operates its
business.
 Terms of Service or sales contract – The organizations needs to ensure that it is selling its
services or products in local terms such as local language as well as according to local
laws and contracts.
The debate proceeded for long time however the gatherings doesn't get the proper and fulfilling
result. Presently the gathering is searching for the most ideal approach to determine their
concern. The party needs determination in a way that relationship continues as before in light of
the fact that this relationship is commonly valuable for their organization(Bernstein and et.al,
2017).
Smart clothing, UK can take legal advice from the advocates or other legal bodies before
expanding its organization or business. This can help to identify the potential legal impact or
issues that can be faced while expansion. The best determination for this contention is to receive
intervention process. Intervention process is the way which settle the debate with keeping up the
relationship. The go between settle the debate by giving reasonable choice to both the gatherings.
Yet, the middle person doesn't get immediate to the choice rather offers time to the gatherings to
speak with each other and get the appropriate outcome with shared comprehension. The
organisation can effectively discuss with the local municipality and legal system regarding its
business activities and practices. While negotiating with the local bodies in the new country or
place Mediation process can be used. This procedure will help the parties to get a reasonable
determination to their question securing their association with each other. It will likewise help
them to proceed with their relationship for long haul and influence shared comprehension on the
subject they to have created misconstruing for. It likewise helps in sparing the time and
gatherings don't need to get associated with long continuing of the court. The two gatherings will
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get their question settled through this strategy. Further, it will help in keeping up their
relationship as it is and they will have the capacity to proceed with business in not so distant
future(Cohn and et.al, 2017).
Conclusion
The above report concluded that following laws or legislation develop by the legal
system or government is essential for conducting a business or organisation. There are two major
laws which are imposed in United Kingdom such as Criminal and civil law. The employer or
organizations needs consider employment laws related to the termination of employees that are
working on contract basis. The report identified legal solution for the case provided in context to
Sunrise ltd. Furthermore, the concept of Alternative dispute resolutions is also been discussed in
this report.
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