Business-law and its Impact on an Enterprise's Operations PDF 2023

BUSINESS LAW

TABLE OF CONTENTS
INTRODUCTION...........................................................................................................................1
SECTION 1......................................................................................................................................1
TASK 1............................................................................................................................................1
a) Meaning of 'Parliament Sovereign' and various sources of UK law..................................1
b) Role of government in law making and application of statutory and common law..........3
TASK 2............................................................................................................................................4
1. Presenting Health and Safety Regulations in the context of JPM Publishing....................4
2. Describing Equal Opportunities Regulations in the context of JPM Publishing................5
3. Presenting General Data Protection Regulation (GDPR) in the context of JPM Publishing
................................................................................................................................................5
SECTION 2......................................................................................................................................7
a.) i )Appropriate legal advice based on case law or statutes.................................................7
ii.) Amber Ltd on the possibility of getting the injunction.....................................................9
b) Recommended an alternative legal solution based on different legal framework and
compare and contrast their effectiveness..............................................................................10
CONCLUSION..............................................................................................................................13
REFERENCES..............................................................................................................................14

INTRODUCTION
Laws and legislation plays an important role in every business environment. Present
report helps to demonstrate the knowledge of business-law and its impact on an enterprise's
operations as well as its decision- making. It describes the meaning of 'Parliament sovereign'
and various sources of UK laws. Further, it explains the role of government in law making
process and how statutory & common law applied in the justice courts. As report deals with case
scenario where it will explain various legal solutions that might be applicable on Health and
Safety Law, Equal Opportunities Regulations, General Data Protection Regulation (GDPR). The
report also provides legal solutions for Champion Ltd and also describes the Liquidation process
and possibility of getting the injunction. It also compares and contrast the effectiveness of all
solutions which are based upon the legal framework.
SECTION 1
TASK 1
a) Meaning of 'Parliament Sovereign' and various sources of UK law
In Queens Speech, the Parliament Sovereign is the main principle of UK constitution
where it makes a superior legal authority in UK to create or end any other law. It describes that
up to what extent the Parliament of United Kingdom have direct as well as unlimited power in
order to run a country in well-defined order. Basically, it is an important part of UK constitution
which defined all the basic rights of every citizen and also reflect the political evolution that
includes:
 Human Rights Act, 1998
 Devolvement of powers to bodies such as Scottish Parliament and Welsh Assembly
(Sources of UK law, 2018).
Barristers are the type of judges in common law while solicitors are those person who
provide legal advices and judges take actions against the crime.
Sources of UK law are valid rules which help every state to govern its own territory and
are mentioned below:
Act of Parliament: It is also called as primary legislation where legislative acts are
passed by a legislature in which a drafted Act of parliament is known as Bill. It is the most
important source of UK law which consists of many legal rules by the superior authority. These
rules or laws are basically created by the sovereign body of Parliament and also known as
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delegated legislation. Only legislature have a power to interrupt the powers of courts as well as
their decisions. The legislation is formed with the help of parliament only and cannot be change
but the whole and final detail of legislation is decided by accurate public body i.e. Health and
Safety Executive body (Bruner and et.al., 2018)
Case or Common Law: These common law are opposed by statutory as well as
regulatory law and are created by courts where legislative acts are disturbed and at the same
time, administration are bound by the Parliament's power in order to create statutes and make
decisions on the basis of existing legislation. When the court interprets lawmaking then case law
is able to use different rules of construction and determine the Parliament's intention (Bird,
2018).
European Court: It is a part of Court of Justice that helps in interpretation of EU laws
and also ensures that all applications must be used by all members of EU states.
Precedent: It is an authority which is established and aid in binding on coaxing for a
court and also help to make proper solutions while facing some issues. These common law are
opposed by statutory as well as regulatory law and are created by courts where legislative acts
are disturbed and at the same time, administration are bound by the Parliament's power in order
to create statutes and make decisions on the basis of existing legislation. When the court
interprets lawmaking then case law is able to use different rules of construction and determine
the Parliament's intention (Bird, 2018).
EU Law: European law is that law which is operated by member states of European
Union. Under this, all rights, power and other liabilities from time to time are created in order to
run a country in an effective manner while according to European Union Act, 2011 declared that
EU law is directly applicable through European Communities Act as well as another act that
fulfill the same role (Crane and Matten, 2016).
Human Rights Law: It is another source of UK law which is used by every citizen who
have a nationality of UK. This act is based upon European Convention on Human Rights which
help government to take better decisions for citizens as well as for country. The government also
expressed that in the condition of Bill for Courts which are set by Acts of Parliament which will
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be confirmed by Judiciary to make changes or solve conflict on serious issues, can take decisions
with parliament.
b) Role of government in law making and application of statutory and common law
Political issues: There are some issues in the Parliament which leads to drafting a bill but
in this, the government plays an important role in law making and it is only responsible for the
progress of a country. They set rules, laws, taxes and take better decision for public and also
decide the best services should be provided to them for their welfare such as the National Health
services, police and armed forces etc. The government role in law making is such that when the
bill arrives and introduced in Parliament then after its approval, the bill is received by Royal
Assent and it becomes a law and later, it is known as Act. This can be introduced by anyone who
is a member of Parliament where Royal Assent announce that it is made in both houses and then
this bill directly come into effect immediately after the commencement order by minister (Whish
and Bailey, 2015). In the same time parliament apply some procedures in which there is no
involvement of government. These act must be passed to primary statute law then it is known as
secondary legislation.
Effectiveness: There are some departments in UK which are run by the government and
the executive agencies are also another part of governing which mainly provide authorities
services (Olsen, 2015). In every session of the Parliament, authorities have different legislative
programs which are directly related to laws and they ask legislature to consider the same in some
sessions. Authorities make many committees who give suggestions to Cabinet related to law and
at initial level, agenda is first informed in every election of polity while political parties of a
country are competing for British Voters for campaigning. The regime also takes decisions
related to sudden natural crisis as well as acts related to terrorism.
English Legal System: Statutory and common law (i.e. also known as English common
law) are adopted by every country as well as state in order to govern the actions of members.
These can be put into practice by imposing penalties for their mistakes. As government helps in
taking better decisions for a country as same in the case of common law (Hedley, 2017). These
common or case law are implied on those that emerges from new decisions and are made by
courts and further amended by statutory law. On the other side, statutory law is a written form of
law in which assembly is adopted as a statute. When a bill is passed by both houses of parliament
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then it becomes a statutory law. The common law helps in decision making in some special
cases for court to deliver justice while on the other side, statutory law describes the best
governing rules which support for the betterment of a society.
TASK 2
1. Presenting Health and Safety Regulations in the context of JPM Publishing
Duties of Director: Jane, Penny and Marie wants to open new company’s name as JPM
Publishing. It is a responsibility of Director to follow laws related to Health and Safety
regulations which help to protect employees as well as employers from any risk at their
workplace. If any misconduct is done with any employees so only director is responsible for any
misdeed. The main aim of this law is to protect every individual who is working in particular
work place. So it is necessary for JPM Publishing to follow Health and Safety Act, 1974 (Jones,
2017)
As Health and Safety Act, 1974 states some general duties of employers towards their employee
such as:
 As per Health and Safety Act 1974, some general duties of employers towards their
employee such as:
 Employers of JPM Publishing must take care of their employees and make proper
arrangements for ensuring their safety.
 They must provide information, instruction and training or supervision where it is
necessary in order to make aware related to Health and Safety law.
 On the other side, breach of this regulation is considered as a crime in UK where
an individual or a corporation will punish and practice sentencing which is described in
Sentencing Guidelines Council. This Act set out different duties of employers towards
their employee, members of public etc. This also comprises of Management of Health
and Safety at Work Regulations, 1999 which ensures that employers are required to
manage health and safety under this act (Allen and Blackham, 2018).
 These regulations also states the main requirements of employers to carry out risk
assessment. While on the other side, Health and Safety Commission (HSC) help to set up
emergency procedures and consult with people who are affected by legislative proposals
and then adopt various approaches to control risk in working area. By applying this act
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into JPM Publishing, the Director can easily provide guidance related to general duties in
Management Regulations in order to let workers know how to control risk in working
place.
2. Describing Equal Opportunities Regulations in the context of JPM Publishing
Equal Opportunities Regulations whose general principle is to prohibit discrimination in
employment and also in case of providing training sessions, education or public services. So it is
a responsibility of a director of a company to must follow this law into a company. It is
completely based upon anti- discrimination law as per Equality Act, 2010. So it is also necessary
for JPM Publishing to follow this law in order to recruit many people without discriminating
them on the basis of age, gender or caste. Equal Opportunities Regulation helps to protect from
direct – indirect discrimination, harassment and Victimization (Bird, 2018). This law replaces all
other laws related to equality and by applying into work place, it will help to protect employers,
employees and individuals from discrimination related to religion, age, gender, race and caste.
By implementing this law, it will help JPM to create brand value in market as this helps to
defend from direct discrimination where candidates are reject or treated less favourably than
other because of their characteristics.
In UK, Employment Equality Law is a body of law and is an integral part of unlawful to
discrimination against a person related to their personal traits such as sexual orientation, race,
religion etc. and if a company breaches this law then it will definitely have to pay penalty. There
are numerous number of ways where discrimination occurs but Equal Opportunities Regulations
is a legal framework which helps to protect rights of an individual and provide equal possibility
to every employee to work for all. On the other side, the Equality Act, 2010 legally aid to protect
people from discrimination in society and it replaces previous anti- discrimination law in order to
make law easier to understand in every situation. In this way, JPM will implement this regulation
in order to protect their employees from many situations.
3. Presenting General Data Protection Regulation (GDPR) in the context of JPM Publishing
It is to be advised to director of JPM Publishing to also follow General Data Protection
Regulation because it helps to keep data protected from any misuse. It is a framework for data
protection which replaces Data Protection 1995 Act (Beatty, Samuelson and Abril, 2018). This
law is basically designed to protect data of all the employees who work in a company and it
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creates positive impact for a company such as support to gain confidence of workers as their
personal information is safe and secure in a company. As Data Protection Act, 1998 which help
to keep all the data confidential that are provided by an individual at a time of selection.
It is the responsibilty of a Director that using Data Protection Act not only means to
protect personal data but also includes company's e-mails, important other details related to it
(Crane and Matten, 2016). By using Data Protection Act, JPM Publishing will also protect their
overall data and if any company breach this law and share their personal information to any
outsiders then a body takes strict action against them. So it is necessary for JPM to implement
this act into work area in order to protect it entirely and to follow with data controller's legal
responsibility.
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SECTION 2
a.) i )Appropriate legal advice based on case law or statutes
Champion Limited is the London based company which was shifted to North London to
make way for the development of a new stadium by a Premier League Club. During that certain
level of time, they were given cash payment to move from its site (Allen and Kraakman, 2016).
The main objective of the organisation is to control the uncertainities and action plan. Creditors
are very unhappy and angry with the behaviour of Champion limited and decided to file against
the company’s unethical behaviour. Creditors file “Winding up petition” against the organisation
or for money that company took from them for relocation.
Creditors right to sue can be characterized as a claim on account. Debts generally fall into
categories like secured or unsecured (Bambara and et.al., 2018). In terms of secured, this means
that the debtor has pledged property. In this case, Creditors decided to claim Winding up petition
against the company.
Winding up order is the process of court orders that force to insolvent the company into
compulsory liquidation. In this process, the court appoints official responsible person to liquidate
all organisation assets in order to pay the amount of all creditors. When company fails to pay
£750 within 21 days of being a claim by the notice of official payment request served after a
high court judgement.
Once the court has issued a winding up order, there is nothing that can be done to stop the
company from being completely dissolve. This type of liquidation process might be dangerous
for the company (Beatty, Samuelson and Abril, 2018). It hurts the reputation of Champion Ltd
and destroys its all business connections. In order to remove all such happenings, the company
requires to adopt some other types of liquidation process to ensure the goodwill and reputation in
the market.
Liquidation process under which company become indsolvment and required to arrange
capital to pay all liablities . The main purpose of the accpetor process is for directors of the
organisation to close their enterperises functions and business firms more properly. There are
some different types of liquidation process to direct the following goals and objectives of
dissolving the company’s assets. (Beatty, Samuelson and Abril, 2018).
Creditors Voluntary liquidation
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This liquidation process is helpful to liquidate or insolvent the company. This process
occurs when the shareholders of an organization itself is ready or to decide that they want to
wind up a company they hold shares in but an enterprise in doing so can't pay back all creditors.
Members Voluntary Liquidation
It is another kind of voluntary liquidation process through company resolve their debt
from creditors. In this process, members follow voluntary liquidation in which shareholders have
enough amount to pay their debts and charges but due tofew concerns, they select their process
in more effective manner. This also helps to control the measurable charges for better resourceful
challenging growth. In this process of voluntarily liquidation of members, voluntary company
can easily close down the business by paying all creditors amount. This helps to protect the
reputation of the business owners as well.
In this process , enterprise has a point to prove that they are capable and efficient to pay
all company’s liabilities with interest amount (Black, 2015). This would also help to make their
own reputation in the market as it helps to control the process in more effective manner.
Compulsory Liquidation
Compulsory liquidation is a different process to liquidate the company and distribute the
amount to an organisation’s liquidation. In this situation, the court force the enterprices into
liquidation when petitioned by someone connected with the business. This could be generating
new procedural tasks and better environmental positional goals (Bulchandani, 2017).
If the petition was placed by a creditor, it is normally because of high demand of
creditors. As per the present situation where creditors file petition to recover their landed money
back.
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ii.) Amber Ltd on the possibility of getting the injunction
Injuction is an equitable remedy in the form of a court order that compels a party to do or
refrain from specific acts such as Champion Ltd fails to pay creditors amount on time. It is the
process where one person who seizes the action and gives the best possible outcomes and results
(Carlin, 2015). It also helps to control effective possible action plan. It aids to take better action
plan in order to resolve query of the best possible action procedure.
On the basis of case where employee left the job without given prior one one month
notice period to employer. Employees need to provide a prior one month notice before they quit
the job. In case of ignorance company can take action aginst the employee and compensate their
company loss (Davidson, Forsythe and Knowles, 2015).
In other terms, Injunction is a legal remedy which is imposed by a court as both parties
appoint the third person to resolve the conflicts and issues. In this process, both the parties
present their own point in front of the third party or court for justice. Company should abide all
possible or required laws or regulation imposed by the government bodies. In case of ignoring,
they will be take high strict punishment order aginst the company or parties. On the other hand,
in case of alternative dispute solution both parties are flexible to take final decison.
This also helps to control the best possible action plan and make proper challenging
performance goals (Glover and Doss, 2017). There are different forms of injunction like
preliminary injunction or temporary restraining order and permanent injunction.
Preliminary injunction is the first method that restrains the party from doing anything
untill the case has been resolved properly. This brings better task performance goals and helpful
to take better decision making approaches. Another part of injunction process is temporary
restraining order. That also helps to control the long term process and major effective goals.
Temporary restraining order is another type of injunction which is very limited in time
and scope. Apart from that, it also helps to control the best possible action to resolve conflicts
between two parties and goals. Amber Ltd and Mr. Anderson can adopt these methods to resolve
all conflicts level of zone. This also assits to control the best approachable target goals for
responsible action goals. More apart, it helps to measure long term process in systematic
manner.
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Permanence injunction is another process or goal that affects the business goals into
effective manner (Hepple, 2014). Rigid injunction provides protection or preserve the status of
action permanently.
b) Recommended an alternative legal solution based on different legal framework and compare
and contrast their effectiveness
In this present case of Mr. Anderson, it was found that CFO with Amber Ltd and his
contract of employment stated that 12 months notice should be given before terminating the
contract. On the other hand, competitors Beta Ltd offer more attractive job of CEO to Mr.
Anderson and he decided to leave Amber Ltd by giving a short notice which said that contact
should end on 31st May 2016 (Johnson, 2014).
Therefore, company objected that Mr. Anderson should complete 12 months period
before leaving. But he resigned from firm and broke their contact . The alternative legal action
such as Negotiation, Mediation, Arbitration act. firm can be taken against Mr. Anderson (Hepple,
2014). This helps to control the unwanted work performance. Alternative legal solution reduce
the interferenace of government in the system of business. In order to resolve the ideas and goals,
company can also undertaken the goals and objectives in more effective manner by following
given terms.
1. Amber Ltd can also send the notice asking Mr. Anderson to complete contact period or
pay up to organization for breaking agreement.
2. Firm can blacklist Mr. Anderson for breach of contact and can suggest Beta Ltd not to
hire him as he is not faithful and loyal to organization. Thus, he will be blacklisted across
the similar industry (Glover and Doss, 2017).
3. Company can also charge orv take claim for its all losses they bear on the employee.
4. Organization can also file case against Mr Anderson for not following legal framework of
firm and breaking contract.
5. Both the parties can mutually decide and solve problem outside court. Thus, Mr.
Anderson can compensate by paying for the damages to company.
Compare and contrast effectiveness of those solutions
Those solutions can be effective as well as contrasting for the organization and Mr.
Anderson (Kubasek and et.al., 2015). Therefore, he can accept the notice given by Amber Ltd
and complete his contract by paying or working for the time period left. But Mr. Anderson
10

ignored the notices given by the firm. Through in this condition in which company for forcing
him to complete its agreement (Singer, 2018).
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Legal framework will be more effective when both the parties are ready to compromise
and fulfill requirements of contract. Mr. Anderson can talk to manager of organization about
problem and can find the solution matter without breaking any rule and regulation. Both parties
can file case against each other and fight in court under business legal law. Company cannot
force contract on employer and have right to leave whenever they want. However, organization
can take action according to their rules and regulation so that anybody else cannot break it again
(Parker and et.al 2018). Therefore, for effectively applying a legal frame work of the employer or
employees, proper paper work should be done before taking any action so that company can have
evidence against worker breaking contract (Johnson, 2014). Therefore, its better for both the
parties to mutual solve this problem and Mr. Anderson should need to perform its one month
priopr notive period before leaving the company (Bulchandani, 2017).
Alternative dispute solutions
Alternative dispute solution is a different technique that helps to resolve the conflicts
between the parties. There are several types of dispute solution techniques that help to resolve
the conflicts between the opportunities and give proper solution such as Arbitration, mediation,
and negotiation.
Mediation is the process where two parties appoint one mediator who resolve their issues
and conflicts. Besides, it also helps to control proper enlargement goals and better task
performance. On the other hand, Party can also adopt Arbitration process where party appoint
third party person who does not belong from any of them (Beatty, Samuelson and Abril, 2018).
Besides, arbitrator deeply searches the entire case and then take decisions on the basis of
perfection. It helps to make suitable solution techniques without the interference of government
regulations.
Benefits of Alternative dispute solutions
 It is very faster and less cost effective as compare to courts
 People have a chance to tell their story as they see it.
 Alternative dispute solution make information much confidential nature of the process.
 It is more flexible and responsive towards the conflicts and issues.

CONCLUSION
On the basis of above discussion, it has been concluded that business law is the most
essential process or task for a company who wanted to apply new business goals. Business laws
regulated the set of regulations or tasks that help to control the wrongful practices in an
organization or to protect from unhealthy practices from the government.
The present study was based on business law that explained its importance and different
types of sources of law such as EU, legislation, Human rights, common laws etc. that helped
company to take positive action plans. On the other hand, it also discussed about the role of
government in law making in context of UK.
In the second part of the section, there was an explanation about the types of liquidation
process for Champion Ltd so that they can easily liquidate assess to pay all debts to their
creditors. This study also described about some legal solutions to a company in order to resolve
conflicts between the parties. However, it also summarized the importance of laws and
regulations that company should adopt for operating its business activities properly.

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