Comparison of Business Law and Ethics

The assignment requires students to analyze and compare various topics related to business law and ethics. It includes references to academic articles and books on topics such as trust and collaboration in the aftermath of conflict, the governance of corporate sustainability, and the impact of trust and contract on innovation performance.

Business Law

Table of Contents
INTRODUCTION...........................................................................................................................1
Section 1 ..........................................................................................................................................1
P1 Structure of English legal system and various sources of law...............................................1
P2 Role of government in law making and application of statutory and common law..............3
Section 2...........................................................................................................................................4
P3 Legal obligation of employers in relation to:.........................................................................4
(a) Legal Obligation in relation with:..........................................................................................4
(b) Impact of employment and contract law on business............................................................5
Section 3...........................................................................................................................................6
P4 Legal solutions to the problem...............................................................................................6
P5 Justification of solutions........................................................................................................7
Section 4...........................................................................................................................................7
P6.................................................................................................................................................7
(a) Benefits of using alternative resolution process....................................................................7
(b) Alternative solutions..............................................................................................................8
CONCLUSION................................................................................................................................9
REFERENCES .............................................................................................................................10

INTRODUCTION
Business law is an aggregation of several practices that assists in functioning of entire
operations in appropriate or legal way. This consist of big amount of state and federal
regulations. This is significant for industrial organisation to regulate according these laws before
implementing or executing any activity (Folsom and et. al.,2012). These are made in order to
fluctuate properly entire marketing system as well as also help in operating company avoiding
issues. Organization have to provide some rights to their employee according to these legislation.
This following report will study about English system and its several information
sources. Government play a crucial role in execution of these laws for which they provide
support in different ways. It will also analyse impact of theses legislation in enterprise through
studying some cases. This report will investigate the legal obligations and solution techniques
along with their justification by those cases. To avoid court process, what can alternative solution
one can find will be examined in this report.
Section 1
P1 Structure of English legal system and various sources of law
The system of English legislation is majorly eliminated within two parts i.e. criminal and
civil laws (Law OCR AS - English Legal System Predicted Topics 2017, 2017). Criminal laws
includes those actions which are related to murders, criminal or unmannered activity or spoilt an
secret or significant information or data. Whereas, civil laws are concerned with issues which are
linked with citizens private or personal problems among two or a group. The judgement of
supreme court is the final decision as it is the apex body of whole system, considered in entire
nations who regulates the English legislation framework.
According to this system, in case of any issues or disputes, one have to report or present
the case first in tribunal magistrate courts. All the complex cases are being handed by the country
or crown courts, in which all legal or critical issues are included related to individual or other
bodies. Having two distinguished body, supreme court is the major positioned among all all
judicial assembly. Individual is accountable for resolution of family cases such as tribunal and
Queen's subgroup division and Divisional courts which is also known administrative courts
handles other cases (Gilson and Milhaupt, 2011).
Laws Sources
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The sources are eliminated in 4 parts in UK which assist in providing the laws in which
the first is statutes which is formed by the assembly or the parliament of the country. Second
laws established by the England decades before while standardising the regulation which is
common laws. The third law is called the European Unions which assist the business firms and
employee and the last one is case jurisprudence. Those candidates who are wiling in
implementation of legislation can present their vote in favour of those. If the act get the majority
in positive way, the law will be enacted in the country by government.
Source 1: Pob stage 2 lecture 8 slides the English legal system, 2014
§
In the present era, common laws have lost the existence as they are made in traditional manners.
In case of having any critical case in the court, they encounter the act from society. As UK was a
part of European Unions, United Kingdom have to follow these legislation of English system.
Later the Brexit, The country is no longer legally follow these framework. After this incidents,
the government have come with some new laws which is taking into judgements in the society.
Presently, they have amended their system in order to make those laws more effective in regard
of implication by reducing those conflicts that is in way (Kinicki and Kreitner, 2012).
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Suggestions linked with cases such as policy and crime act 2017 have modified in which fire
arms issues come under this law that have got the royal agreement.
Following are the major sources which is based on stuntmen of English legislation. In
companies which exists in the industry have to follow all the basis of these laws and organise the
activities according to them. Public as well as businesses have to follow these regulations in
order to solving their major issues.
P2 Role of government in law making and application of statutory and common law
Government have the important role in implication or enactment process of any laws
within an nation in which parliament is responsible for evolving these acts and rights for the ease
of execution in the country (Klettner, Clarke and Boersma, 2014). When a country suffer any
issues or hurdles in proper fluctuation of all processes, they make some new activities and
actions in order to verify if the public is creating those problems or not. In case of positive result
of those rules, the government come up with some guidelines or proposals which they pass to
cabinet ministers which assist in executing whole plan against those who are responsible for the
trouble. If the ministers of cabinet agree with the proposal, they transform this into “bill” which
along with whole sections and provision related to it.
After the modification in proposal or bill, the government present the hill in parliament
on which the whole process of voting is done in favour or against the idea. In case of majority of
positive votes, the bill transformed into “law”. Before presenting bill in parliament, they have to
follow few steps. In first steps it is sent to the ministers of governments side which try to
convince to other MPs in order to vote in the favour of bill. After this, parliament discussion is
being held on which all of ministers discuss over the merits and demerits of this proposed bill
and satisfy the quires (Kwock, James and Tsui, 2013). Later, for alternation of required changes,
a meeting of 20 MPs committee is organised to make it more effective and efficient. In the last
step, the bill is sent to the Monarch after the entire discussions of which agreement a bill is
converted into an legal act.
Statutory or legal legislation is maintained through several legal bodies. The nature
prescribe this and new acts will be enacted by the government authority. When judges make new
decision, then common laws have the large scope. With the assistance of several legal agencies,
the legal laws are formed by company of government. The major motive of these laws are
protect the public rights by solving their problems as well as deal with complicated conditions. In
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case of discrimination of these laws, they court give punishment by judging the while case. Court
can not punish some one whose case doesn't come under any of these laws and acts. Legal and
common laws are different from each other according to their nature and other aspects. It is not
essential for Jury to make judgement according to situation even if the case is under any laws
and acts.
Section 2
P3 Legal obligation of employers in relation to:
(a) Legal Obligation in relation with:
Occupational Health and Safety
In this act, it has been stated that every worker have rights of getting safe and healthy
workplace in organisation (Latimer, 2012). It is the duty of manager of business to provide
proper training and development as well as utilize effective and harmless tools and techniques
for the production of products or other process use for operating their functions. It is also
necessary to provide them some facility such as health insurance etc.
Compensation of Workers
According to this act, this is duty of manager to compensate labours in appropriate
manner. In case of injury of any employee while working in the office hours, they should support
them by providing medical services within 24 hours of accident. In case of violence, they have to
pay as the accommodation to the worker.
Harassment
In this act, it is claimed that the employer of any organisation should have some
guidelines and rules for avoiding any kind of harassment or discrimination in workplace. Also
for this, they can manage survey of analysing feedback of worker related to the problems they
are having in internal working environment (Lyons, 2013).
Equal opportunities
This is the legal obligation of a manger to facilitates equal chances to develop and grow.
No discrimination should be done according to the race, region, gender and every one have right
to get minimum and equal wage, Also, disable should be treated organisation equally.
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(b) Impact of employment and contract law on business
Law of employment is a set of several legislations that explains the duty of manager and
worker related with each other (Malhotra and Lumineau, 2011). This aid labour in having
appropriate wage amount the organisation that assist in solving conflicts with sick pays as well
as major disputes in an organization. In the present scenario, under the the equity of employee
law, the main issues within a company is discrimination at workplaces. This has prescribed that
the things which an employer can discuss or demand from manager can be done by the workers
with the employer as well. This law includes various rules which can help an enterprise in
smooth functioning of entire activities. This involves while details of termination of employee as
well legal disputers solving procedure that company have adopted. This law contains different
practices related to wage and equality issue of employee which solve the cases of remuneration
in business. The jobs in with their are chances of injuries and accidents and required to
monitored or supervised by the employers for reducing the conflicts or mishap. It can helps in
reducing or managing in mishap situation. In case of injuries or worse situation take place at the
workplace it ruin the brand image among consumer and society which tend to fall in market
share of respected firm. Hence it is very crucial to imply those rules and regulations of
legislation in the working environment of a company to maintain the fluency in entity.
In the given case scenario, 16 years old girl who was working in a food outlet. The duty
of the girl was to fry the fires in pan (Acquisti, John and Loewenstein, 2013). From slipping
cause of leakage water, she felt and her hand injured because of going in deep fryer while
balancing herself. Between this time, team leader was not monitoring them but working at the till
despite of monitoring their staff. Major issues which is in the case is firstly the girl is under age
of employment which makes it illegal to hire a child worker. It proves that management of
organisation is not working properly thus the girl monitoring avoidance can be expected by the
administration. After the injury take place, the girl have not provided any first aid or proper
medical services in absence of workers. The girl was not informed about these legislation
including Child labour act which become then duty of management or team leader to aware but
they confronted.
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Section 3
P4 Legal solutions to the problem
The employment act explains the techniques of a hiring of candidate as well as
retrenchment procedure. Generally there are two types of termination situation in which one is
wrongful and other is unfair dismissal (Mann and Roberts, 2011). According to the wrongful
dismissal a worker would be dismissed in case of breaking the contract but in unfair dismissal,
worker get no notice before termination from their job. This is essential for any organisation to
provide a employee notice of termination along with a valid reason of dismissal. In case of not
following the made laws and regulation, they may have to suffer major problems in future.
According to the law of employment every worker have right to have the elimination notice so
they can seek a job within that period of time or extra wage of a month. They have rights to
know the reason of termination, warnings or legal notice of improvement area which they
requires for suiting to the job requirement is essential before any dismissal.
In unfair termination situation, worker did not provided valid cause of elimination. It
depends on the employer preferences and case types which can be fair or unfair both. In the
respected case, Calvin case was wrong and unfair both. Donna terminated him without any prior
notice or reason which was entirely unethical. This is the right of worker to get the retrenchment
notice before leaving the office one month before. The investigation of mission money was not
made and Calvin was dismissed over the suspension which is not appropriate. There were 4 other
employee performing at the same time, as well Calvin was long term employee working the
same company and no issues was claimed before. To get the job back or for the extra amount he
can claim the case in the court in regard of company. The company will have to negotiate with
Calving and terms of court other wise they will have to face major issues (Osuji, 2011).
In the other case, dan established a shop years before which got in fire in after some time
he formed another shop of which he made an insurance but got confused and filled the wrong
information. The new stores also destroyed by fire and insurance company denied to pay the bills
of claims of his insurance. According to the terms and policies, the information which the client
is providing must be appropriate. They asked Dan of information of last insurance which should
be 2 years and Dan filled yes forgetting that the last insurance as made before 23 months. To get
the amount, he requested company abut they deny of pay the money of loss. In the case, Dan has
made a mistake and filled the wrong data, according which the organisation can refuse to pay the
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cash of it. But in case, court may understand the mishap and favour to Dan accepting that it was
not a planned, only ten there are few chances of getting amount of insurance to dan. This can
ruin the image of company. So Dan and organization can agree over some terms and co-operate
with the situation by having some agreements.
P5 Justification of solutions
Either it is a person, group of business organisation, every entity have regulate the legal
laws in their terms and regulations in order to proper surviving. Hence, finding the cure of raised
disputes is the better ways to solve them. In the above case study, both of suggestions of cases
are explained according to the condition undertaking entire lass of English system (Sánchez
Abril, Levin and Del Riego, 2012). Instead of going in the legal procedure, both companies can
communicate with Dan and Calvin and come up with a negotiable solution. In the first case, if
Calvin use the help of court for solving his case it would create a negative image of fashion
enterprise in market which may cause the loss in potential buyers. They both can solve the case
outside with agreeable terms in which either company can give the job back to him or they can
pay amount of demand according to Calvin.
According to the second case, it seem complex situation and there are less chances of
Dan getting his amount back. But in case he is using the court case claiming on the system of
company, it will defiantly ruin public recognition of organisation which may create some
defaults or barriers in success or loss in share market. Thus, the company and dan can crate a
negotiable terms in which both can agree over pay of amount. Also Dan can work hard to prove
the court the it was a mistake.
Section 4
P6
(a) Benefits of using alternative resolution process
There may have some conflicts which can emerge in an organisation and to solve those
issues they may use the help of court. Enterprise have the traits for using this facility as it can
danger the brand image as well as may cause the fall in market share (Scherer and Palazzo,
2011). To solve the conflicts without using court claim activity, alternative solution of problem is
the best technique. The major reason of not choosing court process from an organisation is first
the process is very lengthy and time consuming as well as it takes too much efforts and money as
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the company have to organise a layer for for entire process and face the legal formalities.
Alternative conflict procedure involve conciliation, intermediation, arbitration or negotiation.
This helps to both parties through agreeing on some terms and maintain the issue. Conciliation
and arbitration methods are almost same. In conciliation methods they find some terms on which
both parties get agreed and benefit but in arbitration method one group try to optimize maximum
funds out of it. Whereas the mediator try to seek the major reason of entire issues through the
queries process.
Source 2: Fran Brochstein -- Harris County Mediator & Family Law Attorney, 2014
This process saves the costs of time of both parties and help in seeking better solution
accordingly.
(b) Alternative solutions
In the following case, Tyrell and Antwon are business partners who are having problems
from some time (Wang, Yeung and Zhang, 2011). They are trying to seek a better solution from
this but not satisfied with any. But they both individual do not want to ruin their elations with
each other. In this, the both can find mediator for understanding the wants perception of them or
can use the method of arbitration. Mediator can find out the problems between them through
investigating their issues and can come up with better solution. On the agreement of that cure,
Tyrell and Antwon can sign a agreement and go legally.
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CONCLUSION
In the above report, it can be concluded that there are some legislation and regulation in
English system for safety of employee as well as limit the business. The employment laws not
only helps employer to protect their fundamental rights from being exploited, but also aid the
company in managing employee relation and proper functioning of the entire operations. It is the
duty of team leader or manager to provide the information related to their rights. In case of being
victim by the company, employee can claim their case in court against the organisation. An
enterprise are legally bound to comply those rules and regulation in their system. Court case can
ruin their image or decrease the value of market share. Alternative solution is the helpful method
which an employee or employer can use for solving their issues.
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REFERENCES
Books and Journals
Acquisti, A., John, L.K. and Loewenstein, G., 2013. What is privacy worth?. The Journal of
Legal Studies. 42(2). pp.249-274.
Folsom, R.H. and et. al., 2012. International business transactions: a problem-oriented
coursebook. ThomsonReuters.
Gilson, R.J. and Milhaupt, C.J., 2011. Economically benevolent dictators: lessons for developing
democracies. The American Journal of Comparative Law. 59(1). pp.227-288.
Kinicki, A. and Kreitner, R., 2012. Organizational behavior: Key concepts, skills & best
practices. McGraw-Hill Irwin.
Klettner, A., Clarke, T. and Boersma, M., 2014. The governance of corporate sustainability:
Empirical insights into the development, leadership and implementation of responsible
business strategy. Journal of Business Ethics. 122(1). pp.145-165.
Kwock, B., James, M.X. and Tsui, A.S.C., 2013. Doing business in China: what is the use of
having a contract? The rule of law and guanxi when doing business in China. Journal of
Business Studies Quarterly. 4(4). p.56.
Latimer, P., 2012. Australian Business Law 2012. CCH Australia Limited.
Lyons, M., 2013. Pro-poor business law? On MKURABITA and the legal empowerment of
Tanzania's street vendors. Hague Journal on the Rule of Law. 5(1). pp.74-95.
Malhotra, D. and Lumineau, F., 2011. Trust and collaboration in the aftermath of conflict: The
effects of contract structure. Academy of Management Journal. 54(5). pp.981-998.
Mann, R.A. and Roberts, B.S., 2011. Smith and Roberson’s business law. Cengage Learning.
Osuji, O., 2011. Fluidity of regulation-CSR nexus: The multinational corporate corruption
example. Journal of Business Ethics. 103(1). pp.31-57.
Sánchez Abril, P., Levin, A. and Del Riego, A., 2012. Blurred boundaries: Social media privacy
and the twenty‐first‐century employee. American Business Law Journal. 49(1). pp.63-
124.
Scherer, A.G. and Palazzo, G., 2011. The new political role of business in a globalized world: A
review of a new perspective on CSR and its implications for the firm, governance, and
democracy. Journal of management studies. 48(4). pp.899-931.
Wang, L., Yeung, J.H.Y. and Zhang, M., 2011. The impact of trust and contract on innovation
performance: The moderating role of environmental uncertainty. International Journal
of Production Economics. 134(1). pp.114-122.
Online
Law OCR AS - English Legal System Predicted Topics 2017. 2017. [Online]. Available
Though:<https://www.thestudentroom.co.uk/showthread.php?t=4642430>. [Accessed
On 23rd September 2017].
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