Analysis of Business Law and Employment Legislation

The assignment involves analyzing two different case studies to identify problems related to business law and employment legislation. It then suggests legal solutions based on these problems and recommends that businesses comply with norms created by government. The document also provides references from various books and journals, including 'Good for Business?' by E Appelbaum et al., 'An Appraisal of the Nexus and Disparities between Arbitration and Alternative Dispute Resolution' by L A Ayinla et al., and 'The Entrepreneur's Guide to Business Law' by C E Bagley and C E Dauchy. The assignment provides a comprehensive overview of business law and employment legislation, including its impact on businesses and the role of government in regulating these areas.

Business Law

TABLE OF CONTENTS
INTRODUCTION...........................................................................................................................1
TASK 1............................................................................................................................................1
P1 Sources of Laws in United kingdom.....................................................................................1
P2 Role of government in law making procedure......................................................................2
TASK 2............................................................................................................................................3
P 3 Impact of the following laws on business.............................................................................3
TASK 3............................................................................................................................................5
P4 Suggesting legal solution for range of business problem.....................................................5
P5 Providing justification for use of legal solutions...................................................................6
TASK 4............................................................................................................................................8
P 6 Alternative legal solution based on different legal framework............................................8
CONCLUSION ...............................................................................................................................9

INTRODUCTION
Business law is recognised as the norms designed as well as implemented by legal
authority in the nation which governs commercial activities. Commercial legislation regulates
business contracts as well as sales of consumer goods. It also covers several types of laws such
as employment, wage act , health and safety etc. Study of business law is very important, as it
assist an individual in developing understanding or gaining knowledge about the basic principles
of business. It also supports business entrepreneur in identifying the suitable solution to the
various legal issues which might have influence on organisational performance.
The purpose of report is to develop understanding about business law. It also has focus on
analysing the impact of different legislations or norms on business. The two case study have
been used to demonstrate the effect of employment as well as contract law on business. All the
legal solution to the different problems found in case studies are highlighted.
TASK 1
P1 Sources of Laws in United kingdom
Law is defined as the system of rules which a particular country or community recognizes
as regulating the actions of its members and which it may enforce by the imposition of penalties.
Importance of law is that it protect business from munfair competition. It is essential to know
about business law before starting a business, as it will help an individual in operating business
without the hindrances of ignorance. Parliament is recognised as the House of Lords. The
statement parliament is sovereign is one of the concept in constitutional law of some
parliamentary democracies. This statement means that the legislative body has absolute
sovereignty and is supreme over all other government Parliament is also sovereign also means
that the legal authority in nation can make changes or amendments in existing norms so it is not
bound by written law (Fisher, 2017). United kingdom have sovereign legislatures.
The principle of parliamentary sovereignty means that in British legislative system ,
parliament has right to create as well as implement laws. In English legislative system , no other
legislative body has right to override the laws enforced by parliament. A legal Act of Parliament
cannot be questioned by the court (Symeonides, 2017). Parliament is the supreme lawmaker in
UK legislative system. In British legal system, government in order to enforce any specific
norm is required to take approval or permission from members in parliament.
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The doctrine of parliamentary sovereignty is considered to be as a major principle in
constitution of United Kingdom. This doctrine states that in UK legislative system, Parliament is
considered to be as major source of law.
The unique feature of Legislative system in United kingdom is b that irt is based on
doctrine of judicial precedents. In English legal system, the decisions made the supreme court or
queen court is binding on all other lower tribunal.
The major sources of different norms in English legislative system are :
Statues : this types of laws are originated by the legal act of parliament. For instance ,
employment right act 1996.
Administrative regulation : Such types of laws are recognised as delegated legislation. It is
considered to be as one of the source of legislation in English legal system. In British legislative
system , government in country have power or authority to enforce laws in nation. Such power
has been provided to the legal authority by legislature (Ayinla, Adebayo and Ahmad, 2017).
Case law : Such types of legislations are generally sourced from judicial decision-making. In
other words, norms are originated from decision made by judge in other law suits. Such types of
legislations or regulations are originated through principles established in cases over the
centuries.
Constitutional law : Such types of laws are created by parliament in English legal system
which have to be followed by all courts.
Convention of Human right : There are few laws in English legal system which are highly
influenced by the norms in EU legislative system, Before Brexit , UK used to comply with the
legislation created by EU government. But after Brexit , parliament as well as government in the
nation has planned to create their own norms.
It is very important for people as well as organisation in United kingdom to comply with
law created by the parliamentary authority. Few norms such as employment , contract laws have
great as well as direct effect on business practices.
P2 Role of government in law making procedure
Statutory Laws are laws that have been written down and codified by the legislative
branch of a nation. Common law and statutory law are two types of laws that exist in a country.
Statutory law is a more formal body of the legal system that consists of written legislation. This
law is mainly based on rules and regulations either mandating or prohibiting certain behaviors of
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people. Common law, on the other hand, enables judges to decide cases based on the rulings of
prior cases with similar circumstances. Legal as well as parliamentary authority have crucial
role to plays in law making procedure. Law making is considered to be as very lengthy process
which consist of number of phases.
Introduction of Bill- In united kingdom, The most common law is public bill which is
introduced by government and if approved by member in parliament than it gets coverted into
norm. Public bill can also be introduced by other members in the parliament.
Preparation of Proposal:The process of passing public bill take place in House of lords.
At the initial stage of law making procedure, role of government is to prepare the proposal
which should include detail about problems as well as recommendation related to new norms.
Consultation stage:After drafting a proposal , function of legal authority is to consult with
the people, experts and other interested group those who are going to be effected by law or plan.
Approval from cabinet :At the next phase, government ministers then seeks supports
from colleagues to support the idea. Function of government at this stage is to demonstrate the
effectiveness of solution in front of cabinet committees (Kirton and Trebilcock, 2017). Role of
legal authority is to take approval from cabinet committee.
After getting the permission from cabinet minister, Function of government is to draws
up instructions for content to be included in bill.
At the next stage, role of legal authority is to announce the intention of introducing bill.
The Houses of Parliament consider proposals, called bills, most of which are introduced by the
government.
First reading :Next phase is parliamentary stage, it is the duty of government to present
the bill for first reading. After the completion of first reading, role of govermnent is to make
changes in bill, a discussion on the important principle of bill is made. Voting on bill might
taker place at the end of session.
committee phase, At this stage, role of government is to present the bill to special
committee in parliament for investigation. At this stage, effectiveness of bill is measured. After
the investigation of bill , the result is announced by special committee in front of parliament.
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Third reading :Then after making changes, bill is presented for the third reading , where
short debate and vote on the proposal takes place (Lidstone, 2017). If bill get approved by
house of common , it is then passed to the house of lords, where the same procedures is being
repeated. Approval from both house of lords and common is important in order to get bill
converted into law.
TASK 2
P 3 Impact of the following laws on business
In given case study jMaes , maeie and Penny are three friends, they are planni9ng to establish an
organisation after completioon of their studies. After the succesful copmpletion of few years,
someome has given them advice to traform their organisation into prublic limited company in
order to raise capital for expansion.
TO
JPM
Director of PLC.
Sub : Informal rteport on health and safety, Equal opportunity.
Health and safety regulation : The health and safety regulation in United kingdom is
highly influenced buy laws in Eu legislative system. Such norms have direct as well as
significant impact on the business activities, human resource policies and practices. Health and
safety law defines the duties as well as responsibility of employer towards employees. As per
this law, it is very much important for employer to provide healthy and safe working
environment to workers. Failure to comply with health and safety act can lead to legal obligation
on employer.
It is responsibility of director to ensure assessments of risk to health and safety of its
workforce, and to act upon risks they identify, to reduce them . Director of an organisation have
responsibility to appoint competent person to oversee workplace health and safety. Director in a
firm is accountable for ensuring that business has been operated as per the guidelines provided
by health and safety act (Schaltegger, Burritt and Petersen, 2017). As per the health and safety
act , it is required by employer to make special arrangements in order to deal with emergency
situation. According to t health and safety law 2005, Employers including self-employed
persons are also responsible for creating and maintaining a safe and healthy workplace.
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Health and safety act require employers to provide essential as well as general facilities
such as ventilations , lighting , toilets , refreshment , safe passageways to employees. Such types
of legislation assist business entities in preventing the chances of accidents. Health and safety of
employees as well as customers in very important within an organisation. As increase in number
of accedients at workplace can have direct as well as significant influence on organisational
success and business growth.
Equal opportunity : It is recognised as important part of labour legislation. As per
Equla opportunity act it is completed illegal or unlawful, to discriminate employees on the basis
of caste , colour or religion. Equal opportunity act states that employer should ensure that all
workers in an organisation are treated equally and provide with equal chance of performing task.
Equal opportunity act has direct as well as significant impact on organisation culture as
well as working environment (Bagley and Dauchy, 2011). This act or laws restricts or prohibits
business which provide services to customers by discriminating against, harassing and
victimising certain classes of persons. Equal opportunity regulation also have direct influence on
business polices and plans.
Responsibilities of director is to investigate employment practices and to take strict
actions for correcting the discriminating factors. Directors are also liable for evaluating the
personal practices in order to ensure adherence to regulations. It is also the duty as well as
responsibility of director to analyse as listen to employees complains related to equal
opportunity and helps workers in settling the disputes.
General Data protection regulation : This norm is designed by legal authority in
United kingdom. General Data protection regulation is considered to be as primary legislation
which regulates the way an organisation should protect personal data or information of
employees. It is designed to develop laws which protect the personal information of individuals.
As per this regulation , it is very much important for an organisation , to develop data protection
policies, to record the detail about procedure through which information or data related to
employees are being processed (Martin, 2015). Unauthorised disclosure , access to information ,
destruction or misuse of workers information can lead to the legal obligation on employer or
company. Business entity which consist of more than 250 workers, is required to provide
justification for collection of personal information by workers. Human resource manager in an
enterprise has to provide detail description about technical security measures at workplace. If in
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case , an organisation failed to comply with this specific law has to pay penalties or bear legal
obligations.
Responsibility of director in context of General Data protection regulation is to take a
leadership position in driving an enterprise to comply with specific norm. It is the duty as well as
liability of director to concentrate on cybersecurity issue personally (Jones, 2017).
Responsibility of director is to analyse the solution related to cybersecurity provided by
employees.
In context of given case scenario, it is required by Jane, Penny and Marie to develop the
understanding as well as consider all the above laws when running a business. It is very
important for Jane, Penny and Marie to follow these laws, as it will help them in smooth running
of business a well as will aid in eliminating legal issues.
TASK 3
P4 Suggesting legal solution for range of business problem
First of all, British legal system does not provide power top creditor to threat the parties
for repaying the debt. If creditors threatens the party then in such case , it is considered to be as
illegal act, due to which creditors of company might have to face legal obligations. In context of
given case scenario of Champion Ltd., the insolvency law is applicable. The insolvency norm in
United kingdom regulates organisation which are unable to repay their debts. It has also been
analysed from the given case scenario that Champion Ltd. Company has also failed to repay
bank loan, in such situation , bankruptcy law is applicable (Jones and Sufrin, 2016). Bankruptcy
law defines the rules for registered organisation.
Liquidation is defined as a situation in which a company stops operating and sells all its
assets in order to pay its debts.It can also be refers to as a procedure is initiated either by the
shareholders or by the creditors after obtaining court's permission.Liquidation in finance and
economics is the procedure of bringing a business to an end and distributing its assets to
claimants.
The insolvency act in United kingdom supports or helps an organisation facing financial
issues in rescuing as well as minimising losses by distributing the burdens between the
community, employees, creditors and other stakeholders. If in case, business entity cannot be
saved it is liquidated in such situation assets are sold off to repay creditors (Posner, 2014).
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The other options available with Champion Ltd. Is that director of company can facilitate
negotiation with creditors. This legal solution is considered to be as effective as, it allows
company to prevent winding up procedure as well as subsequent liquidisation. The another
method or strategies which can be adopted by Champion Ltd. Company is that business entity
can seek legal advice from a licensed insolvency practitioner or business Rescue specialist. It has
also been advice to business owner as well as manager of Champion Ltd. Organisation to
develop the understanding or gain knowledge about creditor rights. As this tactic will assist firm
in protecting itself from lenders that use scare tactics to force company. If in case, is making
high pressures , and threatening continuously, then in such situation , director of a company has
the right to file law suit against creditors under harassment act . By taking such action, business
owner can seek legal remedy in court. As per the norms in UK legislative system, creditor can be
accused of harassment or misconduct (Appelbaum and et.al., 2016) . In context of given case
scenario, Champion Ltd. Company can file law suit against creditors, as they are threatening
director to take matter in the court when they are fully aware that they don’t have the right to do
so. Facilitating negotiation is considered to be as an appropriate measure for reducing credit
pressure. As this strategy or measures allows company to get extra time for repayment of debt. In
addition to the above methods , another technique of eliminating or reducing the pressure
generated by creditor is to take consolidate loan or to identify other financial solution for
repaying debt.
In context of given case scenario, Champion Ltd. Company can seek legal advice from
Pro bono advicsory institution. These organisation provides legal solution relatred to financial
matters. Legal advice can be taken by Champion Ltd. Organisation fromnm citizen advicve
bureau. This insitituition providing them legal advice relared to money.Business entity can get
free legal advicve on masnagemnent of debts which wuill assit firm in preventing futher legal
issues.
Legal power of the creditors:
According to the company law 2006, of UK a person who more than 750 euros to
acompany as the compnay is unable to pay its debt, the creditor can file a winding up petition in
the court woth a proof that compnay is not capable of paying its debt.
Process of liquidation:
1. appointing a liquidator who isa insolvancy practitioner.
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2. Assessment abd realisation of assets of the company.
3. Creditors are paid in preferential order.
4. Surplus cash if any shall be distributed among shareholders.
5. Company gets dissolvesd and its name is struked out from the comapnies house.
Adavantages of liquidation
 A fair distribution of the funds relaised in the liquidation process.
 No discrimination as the process is carries out by liquidtor who is not a part of the
company.
Disadavantages of liquidation
 in case of insufficient realisation of amonnt creditors are left unpaid.
 The director can be held personally liable in case director has made a personal gurantess
agaist the debt.
P5 Providing justification for use of legal solutions
Contract can be defined as a a written or spoken agreement, especially one concerning
employment, sales, or tenancy, that is intended to be enforceable by law.
Principles of Valid contract :
The requisite elements that must be established to demonstrate the formation of a legally
binding contract are offer, acceptance, consideration; mutuality of obligation;competency and
capacity and in certain circumstances a written instrument.
Offer :Generally speaking, an agreement is reached when one party makes an offer, which is
accepted by another party. An offer is refers to as an expression of willingness to contract on
specified terms, made with the intention that it is to be binding once accepted by the person.
Acceptance :An acceptance is a final and unqualified expression of assent to the terms of an
offer.
Considerations:The consideration for a promise must be given in return for the promise.
Injunction law in English legislative system provides parties with three types of legal
remedies. There are different types of injunction , one of them is Prohibitory injunctions which is
designed by government in order to prevent a person for conducting or continuing the act which
threatens or breaches the legal rights of another (MacIntyre, 2018). The other is mandatory
injunction , compel or encourage an individual to executer certain act such as make
compensation to an injured party. Freezing injunctions are applicable generally in situation of
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frauds,confiscatory proceedings and breach of trust. Injunction is recognised as law which is
generally applicable to subject matter related to privacy, nuisance, damage to reputation etc.
According to the case law, an employee cannot withdraw their resignation if notice has
been properly given, which generally applies to cases where an employee resigns 'in the heat of
the moment. A worker can give resignation only after giving proper notice and same is required
to be accepted by employer. If in a situation, employer does not accept the resignation , and then
also employees leaves the job , it is considered to be as breach of contract.
In given case scenario, Amber limited company can apply prohibitory Injunction. As this
act will assist business entity in restricting Anderson to continue his act of leaving job without
giving proper notice. Such type of injunction can also be utilised for restricting Anderson from
sharing of confidential information about company with competitors. Prohibitory injunction is
considered to be as an effective measure which assist an enterprise in protecting the confidential
information obtained in a commercial relationship. It also supports business entity in restraining
a breach of contract.
The another type of injunction in English legal system is Anonymised injunctions. This
specific injuction restrains an individual rom publishing information which concerns the
company.
In the given case scenario, Amer limited organisation has high possibility of geting an
injuction, company has entered into an employement contract with Anderson. Now Anderson is
breaching the contract by leaving the job without giving proper notice. The court have to provide
an injuction to amn organisdationm, as the action has been takern by company in order to
prevent worker from acessing or sharing the business information with competititors (Guild,
2017). In context of Amer limited comnpany can be granted by injuction, and Anderson could
not work for anybody else ubntil unless he complete his contract with a Amer limited company.
Anderson can work with other organisation or leave job only by taking permision frrom
employer as well as completing the period of contract. An injunction will be granted to company
by court after the depth investigation. The court will be assessing whether the employee acted in
breach, and if it finds that he did, whether there was loss suffered by an organisation, all these
factors will be considered by judges when making dedcision related to granting injuction to an
entereprise. As per the Injuction law in United Kingdom, employer can seek damages for losses
flowing from the employee's breach. In comntexct of given case scenario, it is required by Amer
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limited organisation to demonstrate that business entity has suffred losses or act of iemployees
has bnegativbe effect on copmpany reputation as a result of breach of contract by worker.
In context of given case scenario, employer can file law suit against employee for
breaching contract.
B) Arbitration is considered to be as an effective method that can be utilised by firm in order to
solve various business or industrial conflicts. This is the appropriate method as it does not
include litigation process, short procedure and less expensive. Arbitration process is adopted by
conflicting companies as it does not have negative effect on the reputation of either of the
conflicting parties and commercial diusputes can be resolved confidentuially.The other option is
negotiation method that can be used for resolving coinficts. In this method both parties are given
opportunity to make discussion related to and identify effective solution.Mediation is another
technique of resolving commercial dispute.
Possibility of Company in getting injunction:
In the given case Mr Anderson is leaving the job without seving the notice period of 12
months and in order to refrain gim for diomg that the Amber Ltd can get an injunction order
against Mr Anderson.
Adavantages of getting injunction:
 Protection from potential damages to the company.
 Restriction to an unfair act of the competitor.
Disadavantages of getting injunction:
 Mr Anderson will not be in employment for a period of 12 months.
 An injunction order against a senior employee of the firm will deminsh the reputation of
company in the market place.
TASK 4
P 6 Alternative legal solution based on different legal framework
There are many governments as well as non profitable institution from where Amber
limited company can seek legal advice related to different business issues. Some organisations
are :
Citizen advice Bureau – Such types of institutions are recognised as non profitable
organisation who provides free legal suggestion to the varieties of problems related to housing ,
employment etc. These are the government organisation which are formed for proving the legal
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advice to people .Citizen advice bureau is located in England and Wales (Oswald, 2014). This
institution follows mainly four principles these are confidentiality, free service, impartiality and
independence. The Citizen Advice Bureau provides advice related to the management of debts
This institution al;so provides legal suggestion online, through phone , chat and e-mail.
Law centres – These are charitable institutions which provides free legal advice related to
specific field.
Pro bono advice service – In such type of institutions , mber limited company can gain legal
advice from solitictor or barriestor. These are two peopple who provides legal advice and
support partien in geting the appropriate solution to their problems. Function of solicirtors is to
provide legal suggestion on the subject matter relarted to housing , employmenrt, debt, housing
etc.
Legal consultants- They are also known as Corporate law consultant. The Legal consultant
promote their expertise to the service user in a way that lies outside the structure of traditional
legal representation. They are the solicitor who offers the legal expertise on various matters like
employment, government compliance, related to the business structure, investment in securities
etc.
Legal advisor- These are the people who are appointed by the local body, large institutions and
other organisation for providing legal advices to people or companies and its workers (Melvin,
2014).
In addition to the above sources of getting the legal advice , Firm can make use of
internet for getting the legal solution to range of business problem. Business owner can Visit
the UK government sites for getting the information about the development or amendment in
laws.
The diffrent legal frame work selected hwere is US law:
The employer can take an injuction order against an employee in order to refrains him
from doing an action or persorn a an activity. The emplyee in case of breasch of the injunction
order might face a contempt of court can face imprisonment. Thetypes of injuction available in
us law are:
Injunction eforcing grarden leave
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Injunction enforcing restrictive convnants
Injunction retraining team moves
Advice: Amber Ltd. Can opt for garden leave injunction as in enforces the clause in the contract
of a senior employee. The clause states that an employer can restrain a senior employee from
employment during the notice period while paying him the wages , salary and bonus.
CONCLUSION
From the above report it has been concluded that laws are very much important for
assisting companies in identifying solution to wide range of business problem. Study has also
concluded that parliament is the major source of laws in English legal system. It has also been
concluded that employment as well as contract law has direct as well as significant influence on
business policies as well as practices. Responsibilities of director has been described in detail. It
has also been concluded that government as well as parliament has important role to play in law
making procedure.
The different legal solution have been suggested on the basis of problems analysed in two
different case studies. It has been recommended to company that business entities should comply
with norms created by government. The different sources have been suggested from where
people can seek legal advice on varieties of subject matter.
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REFERENCES
Books and Journals:
Appelbaum, E and et.al.,2016.Good for business? Connecticut’s paid sick leave law. Center
for Economic and Policy Research.
Ayinla, L.A., Adebayo, A.K. and Ahmad, B.A., 2017. An appraisal of the nexus and disparities
between arbitration and Alternative Dispute Resolution (ADR). Nnamdi Azikiwe
University Journal of International Law and Jurisprudence. 8(1). pp.182-191
Bagley, C. E. and Dauchy, C. E., 2011. The entrepreneur's guide to business law. Nelson
Education.
Fisher, T., 2017. Law and Economics of Alternative Dispute Resolution. The Oxford Handbook
of Law and Economics: Volume 3: Public Law and Legal Institutions. pp.280.
Guild, E., 2017. Who is entitled to work and who is in charge? Understanding the Legal
Framework of European Labour Migration. In Controlling Frontiers (pp. 100-139).
Routledge.
Jones, A. and Sufrin, B., 2016. EU competition law: text, cases, and materials. oxford university
Press.
Jones, L., 2017. Introduction to business law. Oxford University Press.
Kirton, J.J. and Trebilcock, M.J., 2017. Hard choices, soft law: Voluntary standards in global
trade, environment and social governance. Routledge.
Lidstone, H.K., 2017. Business Law Litigators Should Know.
MacIntyre, E., 2018. Business law. Pearson UK.
Martin, P.W., 2015. Survey for LAZ/SAIPAR Business Law Workshop, 9th January
2013. Received from Author. E-mail. 17.
Melvin, S., 2014. The Legal Environment of Business. McGraw-Hill Higher Education.
Oswald, L.J., 2014. Simplifying Multiactor Patent Infringement Cases Through Proper
Application of Common Law Doctrine. American Business Law Journal, 51(1). pp.1-69.
Posner, R.A., 2014. Economic analysis of law. Wolters Kluwer Law & Business.
Schaltegger, S., Burritt, R. and Petersen, H., 2017. An introduction to corporate environmental
management: Striving for sustainability. Routledge.
Symeonides, S.C., 2017. Private International Law Bibliography 2016: US and Foreign Sources
in English. The American Journal of Comparative Law.
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