Legal Issues For Management

This article discusses legal issues for management in organisations and companies. It covers the rights and obligations of employers and employees, and provides insights on employment law, contract legislation, and company act provisions. The article also discusses specific cases related to employment contracts, faulty goods, and consumer rights.

Legal Issues For
Management

Table of Contents
Introduction..........................................................................................................................................2
Main Body............................................................................................................................................2
Task 1 ..............................................................................................................................................2
Task 2...............................................................................................................................................4
Task 3 ..............................................................................................................................................5
Conclusion............................................................................................................................................9
References .........................................................................................................................................10
Introduction
The working and management of company or organisation depends on various legal issues
which helps to administer work ethics legally and morally. It helps to enhance the growth of
enterprise by regulating discipline and generating gain and profit attracting new consumers. This
results in improving reputation in market. It is generally governed under three main legal issues as
employment law, contract legislation and company act provisions. Where company law regulates
the growth and incorporation of organisation(Antonsdóttir.,2020). On other hand employment law
talks about rights and duties of employer and employee in termination and admission of workers.
Whereas, contract legislation is applied in case of obligating roles and responsibility of parties in
agreement hearing its loss and damages incurred upon it. The project mainly discuses about
employment laws elaborating contract of employment and its violation by practising discrimination
or unfair dismissal of employee etc. Furthermore talks about tortious liability of parties omitting to
perform duties. Moreover discussing their liabilities and rights in such contract.
Main Body
Task 1
Golden Rye
The employment contract is agreement which binds both employer and employee to comply
under terms and condition of contract enforcing certain rights and responsibility. It abides both
manager and worker in organisation to fulfil its roles for enhancing growth and profit of company.
There are numerous valid requisites which must be kept in mind before enforcing legally. For
instance-offer, acceptance,consideration,legal intention where such communication shall be
expressed or implied in nature incorporating contractual obligations on parties. There are certain
legislation which discusses further about obligation on individual and rights incorporated
herein(Burns,2018).

 Employment Act,1996
This legislation mainly focuses on cases which requires to safeguard workers from any king in
intolerant behaviour by employer regarding dismissal,paid leaves,embarrassment etc. This law was
enforced by Conservative governmental authority consolidating previous regulations focussing on
rights of staff members in organisation. Such authority maybe given under contractual terms or even
under guidelines of company enforcing contract. Further, it describes strengthening actions taken by
employer to protects rights of workers under various provision of this act. The section 1 clause 2 of
this legislation talks about conditions of contract agreed by employer and employee in the
declaration expressly affixing signatures by both parties. It also talks about concept of dismissal
under section 86 of the act(Dupont, et.al, 2018). Where it is required as complying provision on
employer to send notice reasonably before terminating period of employment services with regards
to employee. Such clauses are applicable on both manager and worker in company. Also the period
of such application notifying dismissal depends on time period specified in employment contract. It
prescribes at least one weeks notice in case it worked for more than a month for issuing dismissal.
In case of more than two years of working period of notice shifts to two weeks prior notification
and so on. Under section 94 of act concept of unfair dismissal is prescribed which prohibits such
action of employer except in cases where there is reasonable excuse or exception regarding it like
unlawful practise by employee(Fagan and Rubery.,2018). Such unfair dismissal must be related to
healthcare provisions, rights under statutes, time period of working must be flexible etc. Such
dismissal is fair on grounds of its capabilities, qualification,conduct etc.
 Equality Act, 2010
This legislation was amended by terminating various other and including under this one roof
for hearing grievance and regulating inequality. It mainly safeguards an individual from
discrimination in company or organisation , mangers of enterprise,various healthcare trust
institution like hospital and care service providers, estate dealers, educational institutes,
transportation service provider and public bodies and authority etc. Furthermore there are nine
features or characters which are safeguarded under this act for instance age, race, religion and
belief,disability, gender, maternity,marriage, sexual aspects etc.
This legislation is enforced in association most commonly holding important position as it also
safeguard personal relationship of employees where organisation conduct unfair action on its part
like practising any form of discrimination which is not tolerated in any manner like passing
comments about personal aspect of such worker which misconduct violating professional ethics. It
is mainly enforced to protect employees personally and professionally creating positive

environment in organisation and protecting interest of staff members(Grusic,.,2021).
In the case of Eweida v British Airway, worker employed in such agency was wearing cross
necklace at workplace where company restricted and harassed to compromise. Where court of
Appeal directed to prohibit indirect discrimination which represented as negative aspect of
organisation. It was further held by appellate court that the belief such enterprise does not support
such belief system challenging EU Directives Article 9.
The scenery discussed under this gives legal assistance to Norman Gray, staff member of Golden
Rye who worked under restaurant as baker and cake decorator was unfairly dismissed on basis of
not complying to work late and do overtime which was outside the contract. So in such case it can
be concluded that under employment law, victim was directed to file suit against company under
both legislation as discussed in its compliance and further ordering to compensate individual for
such unprofessional conduct on part of employer.
Task 2
City Motors
Under Sales of Goods Act, 1979 talks about goods and service detail analysis of rights and
obligation of both buyer and seller entering in contract. The provision of returning faulty goods by
consumer to owner or manager of association is stated under Consumer Protection Act, 2015
which has been replaced and substituted the previous legislation. Under English law, nature of such
goods must be similar to expectation of buyer as seen in sample, quality should be up to the mark
and product must depict longevity. These condition non compliance would lead in breach on part of
seller. If such goods brought before enactment of consumer act and if such product fails to meet the
above requirement then it can file suit under Sales of Goods Act. But the main requirement is that
such goods must be returned before 2015 to comply under said provision of sales of goods act . The
legislation gives reasonable specific time to return goods maximum up to three to four weeks time
is given. This act enables consumer to repair or replace goods in case where it is too late to apply
for returning such product as per the wish of buyer. It further entitles seller to perform its function
in limited time period as fixed by law. After 2015 Consumer Protection Act, section 19 – 24
provide remedy for refund or repair of faulty goods from 30 days to six months. The buyer must be
vigilant of its claim to get satisfactory amount . Under the case of J & H Ritchie Ltd v Lloyd Ltd
buyer has authority to decide whether it want refund or exchange process in such time being in
relation to defective goods it received on sellers part.
In case of faulty goods under Law of Torts talks about product liability to employer in case such

material proved to be defective in nature under contract law or torts. Under the case of Donoghue v.
Stevenson elaborated privity misconception which gave authority to sue manufacturer for its fault
by buyer. It can also be liable under negligence where it had duty to care in reasonable
circumstances giving rights to buyer in claiming compensation. Where under Consumer Act.1987
word defect was defined in section 3 of the act. The Law Reform Act, 1945 states its applicability
under such action of seller interest as no liability on part of person where it received such goods
from transportation or circulated by other association(Jalili and Azizollahi., 2020).
In the case scenario discussed above City Motor manager was liable to compensate Lisa Brown,
buyer of scooter from the company. As in the inquiry conducted it was clearly stated that there was
manufacturing defect in metal of such product which makes manufacturer liable herein. It is
directed under the laws above discussed to compensate the loss and damages as claimed by buyer.
Task 3
Albert Brown
The employment contract is agreement between employer and employee which binds the
parties entering in contract and upon violation of terms and condition , person is liable to
compensate damage to other party on whom such loss are incurred. The breach on part of manger in
company arises in case where either it dismiss unfairly or treats worker in unlawful way,unpaid
leaves,overtime working hours outside contract etc. Some of the legislation which discuses rights of
employee specifically are as follows.
 Employment Act, 1996
The common legal system of UK mainly prescribes relationship between employer and employee in
company which discuses obligation and responsibility of manger in company towards its workers.
There are numerous duties in such case where liability of owner arises such as-
 There must be training program for freshers who are admitted in company for their
understanding to know the nature of employment company is engaged herein.
 Every employee has right to demand reasonable wages and remuneration
 Employer must keep eye if any form of unlawful work is being conducted in organisation
 Unfair dismissal without prior notice shall be prohibited under section 94 of the act
exception in certain cases where such termination is fair and just.

 The regulation with regards to working hours should be complied by employer as in
accordance with the terms and guidelines of contract, no overtime shall be enforced outside
employment period where extra wages are not paid.
 National Minimum Wages Act, 1998
The term minimum wages came into existence after the enactment of this legislation which mainly
regulated wages of employees in company. It fixes the minimum amount which must be paid to
employees in accordance with their age criteria as it result in scope of work such person can carry in
company for which it can be held accountable. For instance- Where person falls between age factor
of 20-24 then per hour they must be paid $8.36. This law also talks about sum company it has to
pay individual working as apprentices . For assessing the minimum wages under organisation is
mainly determined according to work hours of employee. This legislation ensures that amount paid
should not be outside standards as prescribed .
In the case of Azmi v Kirklees Metropolitan Borough Council, English court held that uniform
dress code enforcement in organisation practising their belief or religion was restricted. The
company had put compulsion on employees in prohibiting to practise their religious custom like
wearing niqab and violation of such can lead to termination. It was pleaded in court of law that
there was no inequality as these policies were enforced from preventing promotion of any religion
which further influenced the mind of peers to adopt Islam. Moreover accepting certain elements of
indirect discrimination on its part. Furthermore explaining its act as educational institution main
object was to encourage student in adopting equality(McCamus.,2021).
In the case study discussed that Albert Green was an grown up adult who was retired from its job
and applied for a job at local paint shop in Manchester as paint mixer and salesperson work. But
when it saw the structure of their working system like overtime work outside contract, no training
programme for new joiners, unpaid leaves in sickness, making it to lift buckets which is not
mentioned in agreement without any proper guidance and lastly unfair dismissal based on age of
victim. It also discusses non payment of wages on time exceeding more than a week. These issues
clearly states that there was breach on employee rights on various level causing harm and injury. It
directs employer to compensate worker for serious misconduct it engaged in on part of Albert
Brown under the enactments of Minimum wages Act in fixing the wages in accordance with age
and capability of employee and Employment Protection Act provided rights of employee obligated
on employer to encourage positive environment in organisation(Palombo,2019).

TASK 4
Sally’s Shoes
Consumer Rights Act, 2015
The Consumer Rights Act, 2015 came to effect on 1st October 2015. This law provides for the rights
and duties of both the buyer and the customer. This will help the customers to solve their grievances
in an efficient way. Now, the differences and the problems can be solved more easily and cheaply. It
safeguards the rights of the consumer. It enables the customer to speak against the flaws of the
product and to get compensation for that. It further helps the customers from the illegal activities as
practices by the sellers in order to earn more and more profits(Petropoulos.,2018).
Rights of the customer-
The Consumer Rights Act, 2015 provides for the eight rights of the consumer as follows-
 Right to satisfy the basic needs- This is the basic right of every consumer for which they
are entitled. These rights include rights such as adequate healthy environment, public
utilities, clothes, water and sanitation.
 Right to safety- This right ensures that every consumer must be protected from the products
and production process that are hazardous to life of the consumer.
 Right to information- According to this right, it is the prime right of every consumer to get
information of the product purchased by the consumer. The information must contain the
contents of the product, its expiry and manufactured dates.
 Right to choose- There must not be any binding effect on the purchase of any product. It
ensures that the buyer is free to buy any product of any brand. The seller cannot force to buy
a particular product which the buyer not want to buy.
 Right to be heard- This right enables the buyer to be hear when the policies related to
product is making and executing by the government. The buyer must listen to the seller
while creating the product.
 Right to redress- This right ensures that the consumer should receive a fair chance to claim.
It must includes the compensation for misrepresentation by the seller. It also gives
compensation for the unsatisfied services as availed by the consumer.
 Right to consumer education- The consumer should acquire the knowledge relate to the

product. It is the duty of seller to give knowledge to the consumer regarding their rights and
duties(Price,2021).
 Right to healthy environment- The seller must ensure that the production activity would
not harm the environment in any way like pollution, erosion,etc.
In accordance with the Consumer Rights, 2015 Kathy has two legal rights that are being
violated in this case. These two legal rights are right to be heard and right to redress. Firstly, Kathy
has the legal right that the seller must heard the advice of Kathy while making such footwear. So
that, in future no other consumer will face the same problem of loosening of shoe. The seller must
consider such feedback in order to improve the quality of footwear of its brand. This will further
enable the company to produce more effective products for its customers. Secondly, the legal right
of redress can also be applied in this case. It is the prime duty of the seller to listen the grievances
and problems of the customer. But, as in this case the manager of the firm did not listen to Kathy
which is the violation of the legal right of Kathy. Kathy must ensure that the problem of footwear
must be heard by the employee. More over, it must resolve the grievances of the consumer. It
should also compensate Kathy for the defaulted product which is sold by the company(Sánchez-
Monedero, Dencik and Edwards, 2020).
Kathy, in this case is liable for the compensation by the seller for receiving such bad quality of
heels. The first reason as given by the employer for not returning the product is baseless. In the
given case, Kathy has not misused the product in any condition. This is obvious nature that heels
are meant to be wear anywhere including the party. There were no expressed conditions of wearing
the heels at a particular place. So, this reason is not adequate for such dismissal of return request by
the consumer. Secondly, there was no existence of intention that the innocent party intentionally
damaged the product. It is obvious in that condition that anyone would do that in order to make the
product comfortable for use which is also covered under right to satisfaction under the law. Hence,
this reason also has no legal base for such rejection as done by the manager of the firm. Thirdly, the
reason for the warranty as given by the employer was not adequate. This is because there were no
such expressed provisions of warranty present while the purchase of such heels by Kathy. Further, it
is obvious that the innocent party had not used the product regularly. The reason behind this is that
when Kathy used the product for the first time, it was not comfortable to use for which she removed
the heels. Hence, the innocent party cannot use this on regular basis as told by the seller. Therefore,
it is the legal right of Kathy to get compensation for such product(Wahab and Mahmod., 2020)..

Conclusion
The above report concludes about the employment laws, contract laws, tort and consumer
rights. The report summarises the matters of discrimination in workplace. It further explains the
defective liabilities under Sales of Goods Act, 1979. It also explains about the remedies given when
the employer does not provide for the overtime work that is not expressed under the contact of
employment. It also deals with the tortious liability of the manufacturer where the faulty product is
used by the manufacturer. Hence, in this case the manufacturer is responsible for such compensation
to the aggrieved party of the case. Moreover, this report concludes for the legal rights of the
consumer.

References
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