Business Law and Legal Environment

This assignment delves into the intricacies of business law and its surrounding legal environment. It examines core concepts such as contract law, employment rights, and the influence of legal frameworks on business operations. Students analyze provided case studies to apply their understanding of these principles in real-world scenarios.

Business Law

Table of Contents
INTRODUCTION...........................................................................................................................3
LO1..................................................................................................................................................3
P1 Explaining the different sources of law which is needed for business..................................3
P2 Role of government in law making........................................................................................5
LO2..................................................................................................................................................6
P3 Impact of employment law and contract law upon business practises .................................6
LO3..................................................................................................................................................8
P4 Suggest appropriate solution and range of business problems. ............................................8
P5 Providing some justification for the use of appropriate legal solutions. ...............................9
LO4..................................................................................................................................................9
P6 Recommend appropriate legal solution based upon alternatives advice provided. ..............9
CONCLUSION..............................................................................................................................11
REFERENCES..............................................................................................................................12

INTRODUCTION
Business law is the best key guide to resolve the issues and conflicts between the
business. It gives legal solution to parties over a dispute regarding any business issues. Further, it
also guides to make any contract or start other business in the country. This report is based on
business law regarding European Business School of Management. It is the most popular
management school in Europe. On the basis of case, UK government encourage the European
Union to open a management school in London. This report will further discuss about the laws of
English legal system to know and apply. It helps them to understand the code of conduct for
opening new business start-up. It will discuss basic laws of legal solution which is necessary to
run the business, impact of law on a business practices and provide some legal solution to
overcome from uncertainties.
LO1
P1 Explaining the different sources of law which is needed for business.
English law can be defined as a civil law that has been made for the justice. It contains
some legal laws and code of conduct which is mandatory for all who wants to open up their own
business. It is applicable for all kinds of contract and agreement, mergers and partnership. It is
different from formal codification. This contains includes that one judges takes all the decision
after aA53190nalysing the matter and case. English law applicable in such areas like. USA,
Australia, Canada etc (Beatty, Samuelson and Abril, 2018).

English law contains the proper hierarchy structure, every decision taken by the law of
government on the basis of evidences. Supreme Court is known as House of Lords. Till 1966, all
courts and legislation bodies were liable to follow the rules and regulations of jurisdiction
authorities (English Law: English Law.2010). At the time when supreme court has issued 1 WLR
1234 practise statement, after that few changes has been made. On the basis of virtue ss. 2 and 3
of European Communities Act 1972, supreme court is the higher authority legal body recognised
by the higher English authority which is mandatory for all courts to follow their instructions.
English system divided into two sub systems criminal and civil.
Source of law
This source of law is very vital it is origin of law. These laws are mandatory to be
followed when they acquire any new business. There are some laws as mentioned below: Jurisprudence: It is the first source of law which has contributed tin for development of
laws. This law defines legal customs, human rights, civil rights and divine rights.
Illustration 1: Structure of English Law
Source: (English Law: English Law.2010)

 European Union Law: It is another source of law. European law is divided into primary
and secondary legislation (Cheeseman and Garvey, 2014). Primary legislation is
applicable for all EU action. Further, secondary legislation, furthermore, this law also
consider contract law, employment law. Company law is the part of European law
through which company can run its own business smoothly. Contract law is the
relationship between business and government. On the other side, employment law is
related with employers and employee. Statutory laws: It is the most important law conducted by the UK parliament. These laws
include contract, health and safety, insurance etc. sine 17th century it is the common
source of law.
 Common law: It is another law developed through judgement of English tribunal. It is
related with English people and customs (Clarkson, Miller and Cross, 2014).
P2 Role of government in law making.
Law Making is one of the most important part to maintain the discipline in the country.
Through these laws, people contribute their duties for effective legislation making. Government
body control and helps to develop all those laws and important legislations. Government takes
strict action against those companies who doesn't adopt fair practises with people. Also, they
make new policies and changes so that they can protect country from unfair trade practices.
Every business person should adopt these laws and regulations to run their business in smooth
manner. It also along with that any law made by the Parliament in UK in debts and decision
making aspects, After analysing the consequences of that particular law is taken on the basis of
government. If authorities are planning to pass new bills or any law, they need to go through
from various phases and meetings and committee to final stage. All the drawbacks and benefits
are disclosed to everyone in parliament office. All these processes show that government plays a
very important role in making of new laws and regulations. Without the help of government, no
one can pass the bill or any big decision.
The main agenda of government is to protect the interest of public from unfair and fraud
businessman, before opening management school in London. School authorities should have to
adopt code of conduct to run their business in smooth manner (Dau-Schmidt, Finkin and
Covington, 2016). All laws and legislations are made to control the undisciplined environment,
so that everyone can come under safety level. Mainly, Parliament perform their task into three

main functions that, To prevent Citizens interest, Monitor the action of the government and to
pass the laws. On the other side, main function of legislation is to introduce new laws and
regulations. Overall, it provides various benefits and restrictions for businessmen. Besides this,
they also take strict action against the fraud business bodies(Emir, 2016).
LO2
P3 Impact of employment law and contract law upon business practises
Employment Law defines as an Employer legal obligations in the particular company or
an organisation. It is the full responsibility of employer to maintain the healthy environment in
the company for employees. It helps to give healthy and safety needs to the workers working for
the organisation. Government bodies have made some laws for the safety of employees which is
mandatory for the company to adopt. Otherwise, they face trouble in their business practices.
Employer must provide proper environment, good amount of salary and wages and other non-
financial benefits to the employee. Along with that, provide full medical facilities in case of
injury (Fang, Ye and Law, 2016). In that case, company is liable to compensate that employee
and pay all their medical expenses as per the law of article 4, it defines that owner of the
organisation should adopt safety factors in the workplace. It helps employees to perform their
task in an effective and efficient manner. It gets good working environment and obtain positivity
among employees during working hours. There are some obligations of employer as discussed
below:
 Employer must supervise all the arrangement and facilities which they provide to the
employees. It helps to determine the needs and wants required by the employees will be
explained.
 Employer also takes guidance from risk agencies so that they can help to minimise the
uncertain events in the future. These risk prevention agencies guide firms to adopt risk
minimising factors.
 Organisation also provide proper training and development programs along with that,
company also give training to employees in case of any uncertainties. So that they can
safe itself from that situation (Gallagher and et.al, 2008).
Workers Compensation
It is another regulation which is very important to be adopted by the company or an
organisation to maintain its functions in smooth manner. Employer needs to giver fir

compensation facilities to their employees. Like, employer may give insurance facilities to
employees; it is the duty of employer to compensate values to the employees. This helps to
increase energy and make them safe and secure. It also makes them feel secure and energetic in
the organisation. Like, working place should be free from any accident factors and unsecure
environment. Besides this, organisation also provides medical benefits. For that, company make
contract with any insurance company to make insurance of their employees. It helps to protect
the life of employees (Knapp, Crystal and Prince, 2016). But the premium paid salary given by
the employer covers from the employee salary. There are many medical policies available which
protect the uncertain situations. It includes many term policies like wages replacement, family
members on death, care treatment etc.
Equal opportunities
As per the equality act 2010, it defines that every organisation has responsible to give
equal opportunities to their employees for their career advancement. Employer never adopt any
discrimination on the basis age, caste, religion, race etc. employer has to ensure that they provide
equal growth to all the employees on the basis of their skills and knowledge. It comes under law,
that if any company adopts any discrimination practises, government take immediate action
against those businesses (Kötz, 2017). There are some regulations are discussed below which is
mandatory to be followed by employers.
 Employer is liable to recruit employee on the basis of his talent, qualification and
interpersonal skills rather than its cast, age etc. besides, after recruitment employer make
sure that every employee should get promotion on the basis of its work experience and
talent in the company. It increases the positive environment in the company which creates
business image in terms of employees perception. Employer needs to adopt fair practises with employee in terms of wages and salary,
employee salary must be depend on its capabilities rather than its age or caste. It any
candidate deserve more because of its skills and knowledge employer has to give them
good rewards and promotion and other benefits as well (Lieberman, Siedel, Warner and
Mayer, 2016).
Contract law:
UK government bodies has made many laws for employment and contract. It is
mandatory to adopt those laws and regulations for business bodies. Like Company should never

hired an employee whose age is below 18 it is illegal business practises. Below 18 years age
person comes under minority (Mann and Roberts, 2015)., As per the case scenario EBSM should
adopt above age 18 years age employees in their organisation. Apart from that they also make
sure that they take care of safety needs of employees, Before opening management school owner
must create some risk minimize factors in the working place. Along with that company also
adopt some legal laws of UK government so that they cannot face nay issues regarding
governments. On the other side laws are very important to protect the employees safety and their
interest from fraud organisations. For that company has ensured about all legal regulations before
opening any other branch in the city (McKendrick, 2014). Besides employer is liable to pay
compensatory amount in case of any damage of employees. This increases the opportunities and
growth for the company to make their good image in the market and in front their employees.
Along with that any breach of contract between company and government would have negative
impact on business practises. Company supervisor should have responsible to monitor the overall
activities running in the business. It helps company to adopt new safety plans according to the
requirements. In any such cases employer is responsible to pay attention against the business
activities and try to protect the interest of employees.
Role of directors
 Set strategy and structure: The main role of the directors is to set the strategy and
policies in order to meet the needs of the company and get the best possible results.
Along with that, along with that the another main role is to review the structure.
 Delegate to management: Along with that another main role of the director is to
delegate the roles and responsibility among the members.
 Responsibility of directors: another main role of the organisation is to implement the
process in effective manner.
LO3
P4 Suggest appropriate solution and range of business problems.
Laws and regulations are itself is a great solution to overcome from uncertain problems
arisen by the risk. Laws and regulations is the king of solution and guide through which
company protect company against the government actions. Company also make their own safety
needs to protect the business activities (Milgrim and Bensen, 2016). Employer is responsible to
adopt fair practises with employees and regarding all company contracts. Sometimes due to miss

communication company employees facing many issues and conflicts against the in the
organisation there are many issues arisen due to having the unsafe environment employees. On
the other side there are many legal solution which helps company from uncertain events. Such as
company adopts all legal norms and policies for protecting the employees' health and safety. This
helps company to maintain its position in front of their employees. Adding to that company also
adopt some benefits for employees like promotion, salary increments so that employees get
satisfied and happy with the company. Along with that they also adopt fair trade practises in
terms selling their services to the peoples. These are the solution they adapt to protect itself from
government actions.
P5 Providing some justification for the use of appropriate legal solutions.
Unfair practises completely illegal for the company. Company cannot take immediate
action against any employees without any proof or any evidence. Like wrong termination of
employees would affect negatively on the business practises. In that particular case employee has
right to claim on the company. But on the other side if employee is not capable and enough for
doing the job only in that case, employer take action against the employee. But for that, company
is responsible to give prior notice to employees so that they can find some other job. Besides,
they also make itself improve to perform the task in effective way. According to the EBSM they
all are responsible to hire educated professor and teachers who is enough capable to give
education to London students. In case if student doesn't understand anything or they may be face
issues(Gallagher and et.al, 2008). In that case they immediately complain to the management
team(Miller, 2015).
LO4
P6 Recommend appropriate legal solution based upon alternatives advice provided.
Alternative solution give advantage to the company to solve the issues and problems.
There are many methods such as collaborative law, mediation and evaluation. Mediation is the
process where authorities parties maintain proper communication between both the parties' to
measure the main conflict and issues. So in that case both the parties get resolved their issues by
mutual understandings. It is very beneficial technique to resolve the conflict between two parties.
There are some benefits of alternative dispute resolution.
 First benefit of this process, is that it is the most effective and simple as compare to other
method resolution method.

 In both the process information doesn't pass to any other third person, in other term this
process is remained confidential(Twomey, Jennings and Greene, 2016).
Recommendation.
Company may face nay conflicts and issue during the business practises. To resolve their
issues and conflicts. EBSM should needs to adopt proper planning and controlling on their
activities. Apart from that Management also make sure about the all legal laws and government
policies to protect their management from uncertainties. They also get support of Neutral
Evaluation technique. Besides, employer itself responsible to evaluate mistakes by own. To
resolve disputes and maintain their market share company needs to make employees happy and
also provide some healthy activities in the workplace(Alternative Dispute solution.2018).
Illustration 2: Alternative Dispute Resolution Process
Source: (Alternative Dispute solution.2018)

CONCLUSION
From the above report, it was concluded that English legal system is considered one of
the most important system to carry on business activities. It helps company to protect from
business risk. Apart from this report was discussed about the government laws related to
employment and contract law which is mandatory for the business organisation. After that, it was
discussed some important issue and conflicts arisen in the business. To overcome from those
issues company can also adopt some alternative solutions. Along with that company also adopt
fair practises with their employees. Like company may adopt Negotiation and Mediation
alternative solution. To overcome from the issues. Further, if any staff getting injured or hurt
during working hours, company is responsible to pay for the same.

REFERENCES
Books and Journals
Beatty, J. F., Samuelson, S. S. and Abril, P. S., 2018. Business law and the legal
environment. Cengage Learning.
Cheeseman, H. R. and Garvey, J.R., 2014. Business law. Pearson.
Clarkson, K., Miller, R. and Cross, F., 2014. Business Law: Texts and Cases. Nelson
Education.
Dau-Schmidt, K. G., Finkin, M. and Covington, R., 2016. Legal protection for the
individual employee. West Academic.
Emir, A., 2016. Selwyn's law of employment. Oxford University Press.
Fang, B., Ye, Q. and Law, R., 2016. Effect of sharing economy on tourism industry
employment. Annals of Tourism Research. 57. pp.264-267.
Gallagher, M., et.al, 2008 Labor Contract Law: Implementation and implications for
China’s workers. Human Relations. 68(2). pp.197-235.
Knapp, C. L., Crystal, N. M. and Prince, H. G., 2016. Problems in Contract Law: cases
and materials. Wolters Kluwer Law & Business.
Kötz, H., 2017. European contract law. Oxford University Press.
Lieberman, J., Siedel, G., Warner, D. and Mayer, D., 2016. Business law and the legal
environment.
Mann, R. A. and Roberts, B. S., 2015. Business law and the regulation of business. Nelson
Education.
McKendrick, E., 2014. Contract law: text, cases, and materials. Oxford University Press
(UK).
Milgrim, R. M. and Bensen, E. E., 2016. Use of agreements to protect trade secrets in the
employment relationship (Vol. 2). Milgrim on Trade Secrets.

Miller, R. L., 2015. Business Law Today, Standard: Text & Summarized Cases. Nelson
Education.
Twomey, D. P., Jennings, M. M. and Greene, S. M., 2016. Anderson's Business Law and
the Legal Environment, Comprehensive Volume. Nelson Education.
Online References
English Law: English Law.2010 [Online] Available through:
<https://law.duke.edu/lib/researchguides/english/>.
Alternative Dispute solution.2018 [Online] Available through:
<https://www.slideshare.net/TendaiChiunya/alternative-dispute-resolution-in-zimbabwe>.