Regulatory Performance and Dispute Resolution

The assignment delves into the significance of regulatory compliance for organizations, outlining the roles of governing bodies and legislative processes. It examines Alternative Dispute Resolution (ADR) methods like mediation and negotiation as effective tools for resolving conflicts. The report also contrasts insurance coverage for employed individuals versus self-employed or business owners, highlighting vicarious liability in employment situations.

THE LEGAL
FRAMEWORK
AND LEGAL
SOLUTIONS

TABLE OF CONTENTS
INTRODUCTION...........................................................................................................................3
Task 1 ..............................................................................................................................................3
Task 2...............................................................................................................................................4
task 3................................................................................................................................................6
task 4 ...............................................................................................................................................7
CONCLUSION................................................................................................................................9
References .....................................................................................................................................10
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INTRODUCTION
The term legal framework is considered as the regulation which the government devise
with which legal cases can be judged in an effective manner. The present study lays emphasis of
the potato council within UK and the regulatory framework that are associated with business.
The council has come into emergence for the sake of making promotion of the advantages of
potato for the farmers and gain advantage over the rivalries in UK. Apart from this the study lay
focus on the legal system role within the firm and various laws that are carried out by
government in order to protect the interest of the workers. Moreover, the role of lobbyists is
significant in passing the bill that is being emphasized in the present investigation to a greater
extent. The study includes discussion of differences among self employer as well as employees
and its influence on business law.
TASK 1
It is critical that all the activities of the business should be performed in a legal and
lawful manner so that required outcomes of the firm could be achieved with out facing much
difficulty. Potato council is responsible for sustainability and competitiveness of potato growers
in the UK. Major functions of the council is to offer advice to parts of the government and other
forms of organization (Crichlow and McGarrell, 2016). Other than this other functions of council
comprise of offering advice to parts of government and other form of organization. This council
is also accountable for offering statistical advice on the potato industry and promoting potatoes
to customers at home and abroad.
The council also visits different fairs and it also has team of resident cooks which
demonstrates recipes. Other than this council also has its own experimental centre that has been
located in kent. Recently members of the council visited fair and they are also concerned about
laws that needs to be followed while executing different operations for business. All the
legislative frameworks have been scattered over different legal sources. Council works for
extolling the health benefits and virtue of potatoes (Kitagawa, 2016).
Role of government is vary much important in regulating the activities of different
councils that are working in the state. It is imperative that members should find appropriate
sources over which these sources have been scattered. When a bill is passed in the parliament
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than stage by stage process is followed and it aids for passing the bill in the parliament in
successful manner (Light, 2016). A bill that is passes in parliament is explained as proposed law
that is sent in parliament for taking due approval of all the members.
In addition to that organized approaches are used when the bill is sent in the parliament
and all the members sitting there make debate on the issue. It is vital that bill should be sent in
each house of the parliament so that due approval should be taken for passing the bill. In addition
to that when a bill gets due approval from each house of parliament than it becomes a law (
pp.84-91.
Pryor, 2016). It is critical that agreed government policies should be received by the bill so that
so that legislative procedure should be followed. Other than this three stages are followed when a
bill is passed in the parliament and it includes firstly the reading in which no proper debate is
made over the bill. After completion of this stage second stage is followed in which debate is
held in the main principles in the chamber.
Debate is carried out by members for examining the provisions of the bill. Moreover
discussion is made by members over the bill and it aids for explaining different provisions of the
bill. At second stage no modifications are made on the second stage of bill and it is taken in the
house for voting purpose (Sprague, 2016). Moreover, at the last stage commitment is made over
the bill and line by line consideration is followed. After successful completion of all these stages
report stage is followed and in this necessary amendments that needs to be made in the bill are
discussed.
This stage is known as consideration stage and after completion of this stage bill is
considered as passed in the house. Other than this major role is played by professional lobbyist
and it supports for passing the bill in legal and lawful manner. Potato council members needs to
be made aware about these procedures that are followed in passing the bill in the parliament.
Other than this active involvement of lobbyist supports for passing the bill in the house in step by
step procedure (Taylor, Tarr and Asher, 2016). Moreover debate made by members supports for
passing the bill and making necessary amendments in the bill so that appropriate legal practices
should be followed with out facing much difficulties.
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TASK 2
The main difference between employed and self employed is that employees are
insured under employee insurance for employee's rights, they are considered as the employee of
the company. Self employees are not under the employee insurance for employee's rights. They
are not the employee of any company, they run their business by themselves. In this case the
council is not accepting the cooks as their employees, but this thing is a threat to cook, as they
are considering themselves as an employee of the council. So there are some laws set by the
government regarding the employment law and contract law which the employee must know,
and these laws can also affect the business.
First is the employment law, this is basically designed to protect the rights of the
employees. This is completely depended on the relation between the employee and the
employer. There are various rules set by state and federal constitution and it is mandatory that
the employee must follow all the rules and regulation set by the governing body, if they want to
avoid any kind of costly employment tribunals and lawsuits. The employment law has various
rights in favour of the employee and this law will govern the duties and rights set by the
governing body (Lieberman and et. al., 2016). The employment contracts and the conditions in
the contract are covered in this law. This law ensures that the employee are treated well, and they
will get their monthly wages on time. These laws are designed only to keep the employee and his
working condition safe. Further these laws will take care of the working hours of the employees
and their off time work, and the sickness leaves which has to be paid leaves, business takeovers
etc. the employment laws are depended on the state constitution and they will change according
to the regulations and opinion of the high court.
Second is the contract law. The contract is considered as the agreement between the two
people or more, or in business terms we can say that it is the agreement between the employee
and the employers, by binding a legal agreement. The contract is signed by a prescribed format,
which will include all the terms and conditions related to that contract. The contract law will
consist all the details related to the business and will include the transfer of goods, services,
money and properties (Light, 2016). All employee should know what is written inside the
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contract before signing it. This law is guided by the local state council, and they will have the
complete authority over the law.
Any organization will want that they will retain their best and the smartest workers to
their company. They don't want that any experienced worker leaves the company, because to hire
a new workers and to give them training will be too costly, so they want to prevent that by
retaining their workers. Thus, companies will offer them lucrative contracts and they will discuss
all the terms and condition in front of them only, so that will prevent the disputes in the future. In
the contract it will be clearly mentioned that what wages the employee will get, what are the
working hours and what work they have to do (Kitagawa, 2016). These laws will protect the
worker's rights, and the company will also offer some benefits like health safety, workplace
safety, paid sick leaves, unemployment bonus etc. other than all these policies, the government
will also offer various policies to the workers so that their safety can be protected.
TASK 3
It is critical that a company should be duly registered so that necessary activities can be
performed with out facing much difficulty and following a legal framework. It is critical that step
by step procedure should be followed so that company should be registered. Main organisational
bodied needs to follow a company requires to follow five stages and after successful completion
of all the five stages a company is declared as registered (Townshend and et.al., 2013).
Moreover, at first stage a specific business structure is selected and it comprise of Sole
partnership, limited liability, corporation and Partnership.
It is important that directors should take steps for selecting the structure of their business
so that on the basis of that a company can be registered. Other than this fundamental
consideration also needs to be followed so that documentation of further proceedings can be
carried out in effective way (Ward, 2016). It becomes accountability of directors that appropriate
structure for the business should be selected by them. Registration is also required to be done at
regional level, country level and national level. After completion of this stage next stage is
choosing a specific name for the particular business.
It is one of the major step that is being followed for registering a company. A name of
company can not be used by two similar business houses and it is vital that management should
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design a unique name for the business. Some particular designations are also needs to be
followed while naming the business and it comprise of Inc., CO., Corp., etc. in addition to that
certain designations are also needs to be followed so that required activities of registration can be
completed in legal and proper manner (Ware, 2016). After successful completion of the second
stage third stage is carried out and it consist of registering the company with in the state.
It is one of the significant requirement that is being followed while registering a company
and it aids for properly carrying out the required activities of entity in successful way.
Registration is done with the office of the state in which the company is likely to get open. Other
than this, supplementary documents also needs to be submitted so that appropriate manner
should be used for registering a company (Mason, 2016). Once completion of the tird stage
registration is done with the internal revenue service and it requires that prime requisition for
Employer identification number should be fulfilled so that the business should get duly
registered. It is a social security number that is used for a business.
The number that is registered by the business is further used after completion of IRS
Form. Next stage is obtaining license for the business and it is done when all the above stage are
successfully completed. It is the last stage which involves getting appropriate license for
operating the business activities in legal and lawful way. All the five stages are mandatory to be
followed so that required activities should be completed in successful manner. It is the duty of
directors of the firm for making it ensure that registration of companies should be done
successfully. After the registration is over than it is required that funds should be collected so
that required functional activities of the business should be performed without facing much
challenges. For raising funds for company various methods could be used and it comprise of
allocating shares (Lieberman and et. al., 2016). It will aid for raising the money that is needed for
performing the business activities.
Moreover, directors needs to take part in the decision making process of the company so
that required action plans and strategies for company can be formed. In addition to that directors
needs to make it ensure that all the business activities can be carried out as per the plans and no
unethical and illegal practices should be followed (Labatt and Forrest, 2016). Funds for
performing business activities are collected by taking loans, issuing shares and taking money
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from money lenders. Other than this, sometimes properties such as personal and residential are
also be used for raising capital for performing necessary activities for the business.
TASK 4
4. Drafting an arbitration clause
It is mainly with reference to the undertaken decision of Agricultural Experimental
Centre on whose basis, they hereby intended to get into various commercial transactions in a
competent manner. For this, they have together referred to seek certain solvent measures to as a
way of solving any disputed concern of the parties outside court (Gomtsian, 2016). This is itself
acknowledged as the process of arbitration where the involved parties of a contractual agreement
are usually apparent to resolve their conflicts without getting into the judiciary measures of
court. It however necessitates the concerned bodies to undertake a primary step of drafting a
clause that is usually termed as arbitration clause and is drafted by attempting certain need-base
measures, as specified below-
It is where the seat of arbitration is the foremost stage for drafting the clause to identify the
procedural norms as a way of governing the process of arbitration.
Formation of arbitration assembly is another vital step required to be undertaken by the
concerned officials.
A specific language for declaring the accepted norms that is understandable for all is being
decided over here and for which, the involved parties can together consider appointing a
translator (Mason, 2016).
Determining the requirement of any third party consultant to supervise the terms of arbitration
during the entire session is considered over here where it is either done on institutional or ad-hoc
basis. This usually reflects a prime involvement of any arbitrary institute, etc.
Lastly, a governing law is needed to be considered at the time of drafting the clause of arbitration
where it will tend to govern to resolve any occurred conflict among the parties (law uk . 2106).
Alternate Dispute Resolution is together referred to be another vital alternative for the
settlement of such distributive concerns. It includes some additive measures to resolve any such
conflicts by arranging sessions to negotiate with the help of mediation and cooperative law
whose benefits are as referred below-
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It is a cost effective measure and quick in resolving any concerning issues among the parties
where it gives a significant chance to each of them to present their own perspective (Ware,
2016).
It exists with much flexible nature by responding towards the individualistic requirements of the
parties.
It is an informal procedure with a greater sense of allegiance in the involved bodies by which
they can freely discourse it with each other (Ward, 2016).
Confidentiality is referred to be yet another likely dimension that slow down any such troubled
state that in turn support them to maintain a long term relationship. It has been inferred from the
present report that various solutions in relation with starting of the venture needs to be followed.
In situation of non compliance the license is not being offered which can obstruct the operations
of the firm. In addition to this ADR is effective as it saves time and business expenditures.
CONCLUSION
The above report has summarised the significance of a regulatory performance that duly
postulates the authorized bodies of an organisation to undertake legitimate practices that will in
turn reflect their abidance towards the formulated policies of government. It is where such
legislative norms are apparent to regulate the organisational bodies to a great extent and are also
proven to show them a directional path of success. It is with a general context of passing a bill in
the parliament that is being done with a standardised procedure with a debatable consent of the
parliamentary members over it. This is usually perceived during the legislative session where the
arguments are usually for a lawful passing of bills. Additionally, the report has together
discoursed upon the deviation among the employed individuals and the one who are self
employed or business persons. Wherein, in case the individuals are operating as employed
workers in an organisation, then the insurance will be paid by their respective set of employers.
However, on referring to a similar consideration of a self employed individual or the business
persons who are either running their own business under the clauses of sole proprietorship or
operating under partnerships, the case is different. It is hereby in context to outline the clause of
vicarious liability where the employers are duly responsible for all sort of errors of their
employees at the operational hours.
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