Human Resource Management Law Assignment

LAW FOR HUMAN
RESOURCE
MANAGEMENT

TABLE OF CONTENTS
INTRODUCTION...........................................................................................................................1
MAIN BODY...................................................................................................................................1
1. a) Contract and essentials of valid contract.............................................................................1
b) Does Ringo will be liable to pay Paul as per the above facts ?...............................................2
2. Criteria which Jerry needs to satisfy in case of negligence for action.....................................2
3. a) Main business mediums that are available to Ringo and his friends...................................4
b) Advantages and disadvantage of each medium.......................................................................4
4. Importance of identifying the correct employment status in context of any worker in terms
of recruitment...............................................................................................................................6
CONCLUSION................................................................................................................................7
REFERENCES................................................................................................................................8

INTRODUCTION
Law refers to the rules of a system in a particular country that regulates the actions of its
people. Laws which are related to govern the aspects of HRM such as placement, recruitment
and compensation are known as Law for human resource management. The project report will
explain about the contract and essential requirements of a valid contract in England and Wales.
Furthermore, it will explicate whether the Ringo will be liable to pay Paul by considering
the facts of the Case study. It will discuss the criteria which the Jerry needs to satisfy as the
claimant. The study will analysis the legal issues. It will identify the mediums that are available
to Ringo and his friends Yoko and John. It will indicate the importance of correct employment
status for recruitment in the business. Lastly, report will cover a project summary.
MAIN BODY
1. a) Contract and essentials of valid contract
Contract law is the body of law that governs the Wales and England contracts. It refers to
the terms that binding the contract that is an agreement that is enforceable by law. Offer and
Acceptance must be present in the contract. Minimum of two parties are required to enter into a
contract. Requirements for a valid contract are as follows -
 Acceptance and offer - There must be an offer and acceptance between the two parties
to make the contract valid. Acceptance refers to terms and conditions of the contract that
other party must have approved. Offer have to accepted without asking any negotiations
in it. For example Paul has made offered to cut the grass of the lawn to his father Ringo.
Ringo has accepted it without changing any terms and conditions. Thus, offer and
acceptance is being presented in this case.
 Intention to create legal obligations – The parties must intended to create a legal
obligation. The parties of the contract needs to make an agreement that can enforced by
law (Morley, 2016). They needed to make it approved from the court by writing the
agreement in written form. Through signing the terms and conditions that is written on
the contract the parties are become liable to perform that contract. For example, in case of
Ringo and Paul. The Ringo has agreed to accept the contract but doesn't intent to create
any legal boundation. Thus, to being a contract valid they must follow the legal
obligations.
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 Consideration – It refers to being a contract valid there must be something in return or
exchange. Without having enough consideration no parties will agreed to be in a contract.
This is crucial from both the parties' perspective. For example, as per the case study of
Paul and Ringo. Paul has made offered to his father to cut down the lawn in exchange for
10 GBP. Thus, the Paul has accepted something in return that is an element of a valid
contract.
 Terms and conditions - The minds of both the parties should be meet for approving
terms and conditions of a contract. As per the consensus ad idem concept, one party offer
is being acceptable by other party in same manner in which the first party is thinking. The
terms and conditions of one party is being agreed by other without making any
disapproval and changes in it. The conditions should not be ambiguous and vague. Court
will only approve the conditions if it is not valid. The conditions should be mentioned
clearly in written manner. The conditions should be particular and specific. For example,
in case of Paul and his father Ringo. The terms and conditions of the contract are not
written and not approved by the law. Thus, this doesn't make there agreement a valid
contract.
b) Does Ringo will be liable to pay Paul as per the above facts ?
Paul has made offer to his father Ringo that he will help his father by mowing the lawn of
the garden in consideration of 10 GBP. This offer is accepted by Ringo. Here, there is offer and
acceptance as well consideration. Paul has mowed the lawn as per his promise. Ringo has
accepted the offer but later on he thinks that Paul needs to learn some responsibilities. The Paul
need to pull some weight on home. He has refused to pay the amount to Paul.
As per this case Ringo is not obliged to pay the amount to Paul because parties are not
intended to create legal obligations (MerryDavis and Kingsbury, 2015). To being a contract valid
this factor is missing here. There is offer as well as acceptance. Consideration is also present in
this case but there is not enforceability of law. Thus, this agreement is not said as valid contract.
Therefore, Paul has no rights to claim in against of Ringo his father. Ringo will not liable to pay
the amount.
2. Criteria which Jerry needs to satisfy in case of negligence for action
As per the Law of Torts in UK. Act of failure comes under this law. Civil law arise from
any wrongful activity such as someone got injury because of mistake of any other party. These
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laws are also applicable when one party property get damaged due to mistake of some third party
(The Law of Tort, 2019). This law provides remedies to the civil proceedings. Due to wrongful
and negligent act of others. The suffered party can claim the losses. The claimant party needs to
claim once in a trail. Sufferer party do not claim for the second time for any other damages, they
have founded. The claimant party has right to recover the losses by claiming one time,
Elements in Law of Tort
Negligence – It is one of the most common tort where claimants can take legal action against the
negligent party. Four elements of negligence in law of tort are discussed as follows -
 Duty of care – The defended party in negligence has obligations to take care of
claimant. The defendant needs to establish whether there is relationship of proximity.
(Injuries) needs to foreseeable. Imposing a duty needs to be fair.
 Breach of duty – The defendant must have fails to perform the duty which is legally
imposing on them due to tort of negligence (McCorquodale, Lise and Brooks, 2017).
The objective test needs to be considered that whether the neglected is obliged to perform
the duty of care or not.
 Causation – The legal duty of care is being established. The loss of negligence needs to
be seemed. For example, in case of Jerry his loss of damage property can easily be seen
due to negligence of George.
 Injury or Harm – There must be any type of harm and injury must be caused from the
view point of claimant to become a law of tort. For example, as per the case study of
jerry, George has forgotten to do measurement of the estimated fall of trees while
chopping the trees in the garden. This leads to cause extensive damage on the roof of the
Jerry's conservatory. Hence, the loss of property is present in this case.
Economic Tort
It is defined as the torts that has given arisen to the financial loss of any party. In this
claim can be made by the party who is sufferer of the loss.
Remedies in Tort
 Damages – It is helpful for providing the financial compensation for the losses of the
claimant.
 Injunction – It refers to the addition to the damages that is claimed by the sufferer. In
this the court approval is mandatory (Levine, 2016).
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As per the case of the Jerry. Here, the George has neglect while cutting the trees in the
Elixir Gardens of Ringo, that one of the tree has fallen on the Jerry conservatory. This leads to
damage the roof of Jerry's conservatory. There is element of Negligence in this case. Thus, Jerry
can ask for the remedies from the George due to act of negligence. As Law of Tort is being
applied in this case. Thus, the Jerry can ask for the financial compensation from the George due
to damage he has caused on the roof while cutting the trees.
3. a) Main business mediums that are available to Ringo and his friends
Based on the case study Ringo has deicide to expand its business with his friends Yoko
and John. Various business medium which are available to them are as follows -
 Sole Proprietorship – This business is run by the single owner. The capital contribution
is done by the owner solely. The profits of the business is kept by owner itself only.
Losses of the business is also recovered by the owner on individual basis (Laudon and
Traver, 2016). There is full control of owner in managerial as well as on financial
activities of the business under the Sole Proprietorship.
 Partnership – Two or more partners wants to start up their business can be said as
Partnership. As per the partnership act the profits needs to distributed equally among all
the partners or as per their capital contribution in the business. The business losses are
also being shared under the partnership. The funds of the business is being raised by
investing the capital amount by each of the partners.
 Corporation – The business of corporation is controlled by its directors. The capital
amount can be raised by allotting the shares to the public. This can be divided in three
types namely, private, public and one person. The corporations have separate legal entity
than its owners. The business of the corporation doesn't end by the death of its
shareholder.
b) Advantages and disadvantage of each medium
Sole Proprietorship
Advantages
 It does not require paper filing work.
 The registration of proprietorship business is not mandatory (John and Taylor, 2016).
 Complete control is in hands of the owner.
 Assets can be liquidated with ease at the time of death of business owner.
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Disadvantage
 There is unlimited liability of sole proprietor.
 They are unable to accept the capital from the investors which are outside the business.
 It is harder to borrow money from the banks as they do not provide loans to the
proprietor easily.
 Business will end with the death of its owner (Curran, 2019).
Partnership
Advantages
 This can be easily formed.
 There is creation of talent pool as partners comes together with various mind set.
 The partners can continue the business even if one partner dies.
 Risk is being shared among all the partners.
Disadvantage
 The partners have unlimited liability.
 There are chances of managerial conflict if the partners are not agreed upon the same
decision of all.
 Partners are not happy from the profits as they are distributed among all of them. Thus, it
is not satisfactory.
Corporation
Advantages
 Business owners have limited liability (Crane, Matten and Spence, 2019).
 While business is in loss. The owners do not need to sale their personal asset.
 The funds can be raised easily from the shareholders.
 The business doesn't end with the death of owner.,
Disadvantage
 The costs of the legal proceeding is higher than the proprietorship.
 Financial reporting needs to shown to the shareholders of the company.
 Filing and formation procedure is time-consuming.
Thus, the Ringo and its friends can opt for the partnership business because risk is being shared
under this business. They are able to recover any of the looses by mutually contributing.
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4. Importance of identifying the correct employment status in context of any worker in terms of
recruitment
As per the Employment act in UK the business owners must identify the employment
status while recruiting any person in the business (Dutcher and Epps, 2015). The status of
employment is important because employers are liable for the employment rights.
Ringo. Yoko and John is recruiting the landscape Gardner. Hence, they need to identify
correct employment status. The gardener must have Knowledge of plants and trees. Before hiring
it for the job some things needs to consider by the employers. Some things are needed to
consider such as Employee insurance. Two of the partners with the Ringo need to identify the
gardener status before hiring him. The insurance is much more needed so that in case the
gardener get any injury or harm while cutting the trees in the garden than employee insurance
will be helpful.
The employees also facilitated with the fair working condition as per the employees right
act 1996. Thus, identifying the status of employees is crucial for all of them. Wages are also
being decided for the employees as per this act by identifying their employment status (Bratton
and Gold, 2017). As per this act the employees are also protected from the right that they are not
unfairly dismissed. Thus, correct employment status needs to be identified in any of the business.
Through identifying the correct employment status four of the business partners are able
to take further decisions in regard to the recruitment. In case if the Gardner George is (unskilled)
than there is compulsory to conduct training and development program for the Gardner. Whether
he is skilled or unskilled can only be identified by seeing his employment status. Employee
rights act also defined the leave status of the employees. Thus, the gardener is obliged with some
rights under this act. As per the case 3 scenarios where George the gardener has damaged the
roof of Jerry conservatory. Thus, due to his negligence the owners of the business including
Ringo. Yoko and John are also responsible because they are unable to see the employment status
of the gardener.
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CONCLUSION
As per the above project report law for human resource management can be defined as
body of government in Wales and England that runs the commercial activities. The laws are
binding the human resource practices in any of the business. It has been summarized that valid
essentials of any contract is Acceptance and offer, Intention to create legal obligations,
Consideration and Terms & conditions.
It has been determined that Ringo will not be liable to pay Paul as the legal obligations
are missing in this agreement. The claimant Jerry can ask for the remedies to the George as Law
of tort is being applied in this study. It has been summarized that business medium which are
available to Ringo and his friends Yoko and John are Sole Proprietorship, Partnership and
Corporation. Lastly, it has been determined that it is crucial to identify the employment status.
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REFERENCES
Books and Journals
Bratton, J. and Gold, J., 2017. Human resource management: theory and practice. Palgrave.
Cleaveland, M.C., Dutcher, C. and Epps, K., 2015. Comparing Business Law in online and face-
to-face formats: A difference in student learning perception. Academy of Educational
Leadership Journal.19(1).p.123.
Crane, A., Matten, D., Glozer, S. and Spence, L., 2019.Business ethics: Managing corporate
citizenship and sustainability in the age of globalization. Oxford University Press.
Curran, P., 2019. The Walker Effect: Evaluating the Economic Impact of Right-to-Work Laws in
Wisconsin (Doctoral dissertation, Georgetown University).
John, R. and Taylor, B., 2016. Human resource management.
Laudon, K.C. and Traver, C.G., 2016. E-commerce: business, technology, society.
Levine, S.J., 2016. The Law: Business or Profession?: The Continuing Relevance of Julius Henry
Cohen for the Practice of Law in the Twenty-First Century. Fordham Urban Law
Journal.40(1).p.1.
McCorquodale, R., Lise, S.M.I.T., Neely, S. and Brooks, R., 2017. Human Rights Due Diligence
in Law and Practice: Good Practices and Challenges for Business Enterprises
§.Business and Human Rights Journal.2(2).pp.195-224.
Merry, S.E., Davis, K.E. and Kingsbury, B. eds., 2015. The quiet power of indicators: measuring
governance, corruption, and rule of law. Cambridge University Press.
Morley, J., 2016. The Common Law Corporation: The Power of the Trust in Anglo-American
Business History. Colum. L. Rev.116.p.2145.
Online
The Law of Tort. 2019. [Online]. Available through : <https://www.inbrief.co.uk/claim-
preparations/the-law-of-tort/>.
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