The Legal Framework and Legal Solutions - Assignment

THE LEGAL FRAMEWORK
AND LEGAL SOLUTIONS
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Table of Contents
INTRODUCTION..............................................................................................................................3
LO 1 ...................................................................................................................................................3
P1. Various sources of law required by organisation.....................................................................3
M1. Effectiveness of legal system and its problem with various sources......................................4
P2. Role of government in law making and common and statutory laws applied in courts..........4
LO 2....................................................................................................................................................5
P3. Impact of Employment law and Contract law on business......................................................5
M2 Analyse and differentiate impacts of regulations, legislations and standards.........................6
LO 3....................................................................................................................................................6
P4 Solutions for business problems...............................................................................................6
M3 Positive and negative impacts of business solutions...............................................................7
P5 Justifications for the use of appropriate legal solution.............................................................8
LO 4....................................................................................................................................................9
P6 Solutions based on country's legal system or different framework..........................................9
M4 Compare effectiveness of legal solutions................................................................................9
CONCLUSION:...............................................................................................................................10
REFERENCES:................................................................................................................................11
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INTRODUCTION
Legal Solutions and Framework is based on various laws like employment law, contract
law, English which Business Futures Ltd. Has to face to help foreign delegates. Laws including
redundancies and mass lay-offs, employment relationships, currency incentives and regulations
and related liabilities and restrictions (Ashworth and Perera, 2018). It provides overview on
English Legal system, terminology, nature of business agreement and aspects required to bind it. It
mainly describes consumer law and its impact on the business operations. There is explanation on
country's legal system or framework as well as pros and cons of laws in it. There is summary on
tax residency, taxation, trademarks, unregistered and registered designs.
LO 1
P1. Various sources of law required by organisation
Major function of law maintains basic structure of community with listed the behavioural
aspects. There is penalty, warnings or punishment on violation on these aspects. Three main types
of English laws are Common Law, Legislation and EU Law. It is applied under the legal power of
Wales and England. Legislative structure of UK is further divided into primary legislation and
secondary legislation. Primary legislation includes local and personal, public, church assembly act
and its measures. This legislation is almost similar to the parliament of Scotland or Ireland's
assembly. Secondary legislation can be easily issued by the delegates of parliament. Public Act is
of two types old and modern acts.
Royal permission is required to successfully pass this act through parliament. Housing Act
1963 and Transport Act 2000 are included in this one. While Local and personal both are private
acts. Benefits regarding organizational matter, grants of citizenship, divorce, etc. are involved in
this system (Bain and Taylor, 2017). Representative of primary legislative authority form
secondary legislation. It includes national Assembly of Wales Act 1973, Warranty and Regulation
Acts as well as Territorial Acts. Common laws are popular and look similar to case laws. Major
difference arise due to its source system. Civil laws have constant updating process and have
European background while common laws' origin lies in writs of medieval England. European
framework is saturated with Roman laws and arrive from countries with civil coding.
Business futures Ltd in the UK has to face some major factors which consist of corporate
culture, validity of organization and much more. First law states that it has to follow Companies
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Act 2006 which is the transformation of companies Act 1985. It mainly deals with corporation
taxes, structure of private and public companies, director duties and internal laws of employees.
On the other hand, insolvency act 1986 describes trustee, administration, transactions, bankruptcy
and voluntary situations. Corporate law defines corporate culture of Business Futures Ltd. and
provides details of corporate finance as well as governance. While there are some acts which
identify the relationship with shareholders, stakeholders, salary structure, performance level of
companies and its position (Banks, Hendrix, Hickman and Kyckelhahn, 2016). Some civil like
partnership act 1890 and pension act 1995 define the structure of company.
M1. Effectiveness of legal system and its problem with various sources
Legal system has been very effective for organisation as well as functioning and rights of
employees are protected. They expect decisions from court if any infringement of law by powerful
bodies take place. On the basis of judgement and working performance of judicial officers is being
judged. From 18th and 19th century, parliament has become more powerful. It resolves disputes and
lays down precedents. But Business Future has to face difficulty when court issues some rights for
consumers and then it has to be properly followed by organization. Equity and societal principles
were issued under English law but there are limitations like punishing a defendant is not consistent
and predictable.
P2. Role of government in law making and common and statutory laws applied in courts
Government of UK plays the major role in law making. It lists amendments recommended
by specified members which are further negotiated when committee sets a meeting and report is
formed. Each and every amendment is in order in 'marshalled list' that influence text of the bill.
This goes through different stages in which bill firstly arrives and main discussion goes on bill.
After that, changes are proposed by the committee and analysis of text is done. In third reading,
final approval of amendments are made and voting of each change is done. Finally, bill is passed
by the Queen and it becomes an Act of Parliament (Barkan, Bintliff and Whisner, 2015). These
bills are either passed in House of Commons or House of Lords which is signed by the Royal
Assent.
Common Laws: Common laws influence judge in the court and has constant improving
structure. Judgement is made as per the cases and done through legal documentation. Decision of
legal precedence is done under the jurisdiction of case law which has common structure. Criminal
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division court and House of Lords make decision in criminal cases looking at the intensity of
crime. But sometimes, EU laws help case to solve the state of affairs. Thus, it is created by judges
sitting in the court and is not certain. It is delivered in the written document and is ensured that it
remains 'common' everywhere.
Statutory laws: It is written and varies from administrative or regulatory laws which are
issued by common law or executive agencies and formed by them. It is further voted upon and
proposed in legislation. This framework includes private and public acts from different parts of the
UK (Bell, 2018). These are approved by parliament and follow some permanent instructions like
rules and regulations as well as secondary orders. Additional rules are involved in local
government sections and UK state codes. To define the statutory law, written structure is
important. Procedures or functions are responsibilities of the legislation. They follow same process
of statutory enactment process which involves hearings, debate and committee evaluation.
Government makes their own statutory laws which are similar to federal types. Federal Statutory
are enacted by Senate and House of Representatives as public law bill.
LO 2
P3. Impact of Employment law and Contract law on business
Employment law affects business in every aspect like it influences its internal operations
strongly. It is formed so that rights of employees will get protected and their each and every aspect
will be secured completely. Employers of Business Future Ltd. should know and comply with its
rules and regulations to avoid further difficulties. For example: it can be used to avoid high price
employment assembly claims. It mainly covers features like pay scale of employees and their
working hours, proper treatment with them, their contracts and working conditions (Bratton and
Gold, 2017). For example: if any employee is harassed and tortured then this act listens his/her
grievances. Therefore, it takes care of issues like equal pay, age discrimination, race
discrimination, religion, redundancy and dismissal, protection of data as well as employment terms
and conditions in any organisation. Brexit has affected this law and it has embedded in business
culture as well in employment policies and contracts. For example: rights for paid holidays and
family leaves.
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These rights are somewhat burdensome for UK businesses and they get matured for amendments.
Government can see inefficient, expensive barrier to business development as it is trying to
minimize dismissal claims that are passed to employment units.
Contract law is included in reselling, selling and purchase of products and services. So it is
affects professional practices. This law takes into consideration what types of products and
services are rendered as well as their prices. During transactions between Country Pine and clients
terms and conditions are also referred. Ultimately, commercial and contract laws brings out the
essence of business operations (Dror, 2017). It affects business while delivering a product which
includes purchasing, reselling and providing quality wise services to consumers. For this a contract
is prepared which defines specific price for the services rendered or purchased with proper terms
and conditions. Thus, contract made is ends all transactions that confirms business entrance into it.
It is legal evidence for Businesses in UK and if any illegal thing occur to other party then the case
is applied to court. It is considered as the safest and secure means of transaction among parties. It
governs written and oral agreements related with exchange of money and products.
M2 Analyse and differentiate impacts of regulations, legislations and standards.
Depending on the nature and size business is affected by the regulations and legislations.
Competition law provide fewer options to consumers and hinders business. It affects price fixing
of Country Pine. While, consumer law helps customers to know their rights like products delivered
should like what described and should satisfy them (Efrat, 2016). Their purpose should get
fulfilled.
Major areas of legislation includes health and safety, competition, employment and environment.
These rights protect creditors, investors and consumers. Contract act regulate dealings and
properly form legal document between clients. For example in 1990 in Eastleigh verses James case
sexual discrimination was detected in which direct discrimination act can file case in the court of
law.
LO 3
P4 Solutions for business problems
Different solutions are applied in creating organizations which includes correlation of pay
and performance and raising capital. Company is established when government authority issues
certificate of Incorporation. This is passed when a filling fee and constitutional documents of the
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company both make statutory form. This needs capital and it can be raised with external sources
which is further used for producing products and services. External sources include crowdfunding,
angel investors and other investment companies. It also includes termination of agreement
between two bodies considering employment. Minimum formalities are required to establish
business. Companies law require subsidies and grants for any business in a specified area, UK
generally prefers foreign direct investment. No restrictions are imparted on repatriation on capital
or direct capital. Registration expenses are quite less and procedure for registering foreign branch
is same as that of local company (Kedziora and et al., 2017). A nationwide service is provided by
Bristol Head office. Efforts are made to enable everyone to assert their legal rights. Directors of
businesses face burdens of licensing bodies and they can defend themselves under Data Protection
act. Company can raise capital through banks and traditional lenders or investors. By issuing
bonds company can raise its capital and find solution to its financial problems. This is done by
returning money which was borrowed in a certain time period. While liquidation is another
process in which company can distribute its assets to its shareholders and creditors. In this next
step is decided by the liquidator (Sue and et. al., 2017). He is employed to identify company's
financial position. The, to assist rehabilitation of company's proceedings business rescue is
focused upon. In this company faces financial barrier and inconsistent supervision is conducted for
its management affairs. Wide range of documents including settlement agreements and contracts
are provided by business legal services to hold Health and safety statements. Practical law helps in
maintaining resources in more efficient way. Employment law provides discrimination claims and
involves disciplinary and appeal hearings. It compromises agreements and redundancies with
tribunals. Individual needs are met which quite flexible like cost effect and time saving legal
advice and support from professionals. Business solutions are standardised if every matter is dealt
with legal advice. International law is used widely for trading and transactions in foreign market.
M3 Positive and negative impacts of business solutions.
Corporate, contract and common laws help in functioning of businesses and criminal law
handles criminal matters. There is equality between men and women due to Equality Act. UK law
provides guidelines regarding for economic activities, public sector regulation, collusion,
acquisitions and mergers. Right of employees and employers both are protected by the
fundamental rights (MacCormick and et. al., 2016). These are some positive areas of laws while
negative thing is that parliament can cancel any law whenever it wants and it is dependent on its
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choice. Government can change its policies, rules and regulations that can negatively effect
business operations.
P5 Justifications for the use of appropriate legal solution
Business contracts are used for domestic and international trades. For this International
Law is used which includes conventions, treaties, commercial customs that regulates all types of
business transactions and international commercial dealings. For doing trade in UK individuals
and companies have to follow jurisdiction that is applicable and dependent on contractual terms in
the Agreement. International court hearings can be avoided by fixing up in the Agreement in
which this law is applied. There are some methods to resolve the matter:
International Arbitration: It is the primary method of solving problem and setting relationships
from international commercial agreements. This is mainly practised so that parties from various
cultural and legal backgrounds resolve their disputes without any formalities of legal rules and
regulations (McKendrick, 2014). This proceeding goes on faster mode than domestic proceedings
time period of these disputes are also short and not much money is consumed than domestic
litigation.
International Litigation: Here matter doesn't come under the jurisdiction of UK but is resolved in
courts. Major features of it are applying law that regulates Country Pine's claim, keeping in view
merits and demerits of every possible jurisdiction.
These laws are required because fear of dispute is there as business goes at international
level. Various high level protocols and policies are there prevent individuals and companies like
Country Pine who deals outside the jurisdiction. Transaction is considered as international is
products are exported to more than one country.
Another solution that can be justified is liquidation process which can be voluntarily or
involuntarily (Rahimi and Shakeri, 2016). In this assets of insolvent business are sold and
creditors are repayed as asoon as possible. Petition with the court is lodged while winding up of a
company so that outstanding debts can be recovered. This is done through a legal process if
company's debts become due and is unable to pay debts, its total liabilities and debts goes over
value of all assets and its statutory minimum prescribed value has is above the number of
company members. But if the company postpones this process then it will only increase its debts
and generally owner is liable to for all its debts.
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LO 4
P6 Solutions based on country's legal system or different framework
European Court has implied few laws regarding freedom of establishment and legal
requirements which is necessary for incorporating a limited company. For this Companies Act
2006 is required to operate a limited company (Schiehll and Martins, 2016). For exapmle to
convert a plumbing business intoa company the owner has to follow this act. He has to file some
agreements every year and sign confirmation statement. This declaration needs suggested
company's name, office that has to be registered, main details of company's director, details of
shareholder, prescribed queries with share capital and finally people with collected and controlled
information. Human Rights act 1998 provides rights to identify European convention on Human
Rights. Relationship between state and individuals are governed by public law. It also maintains
perfect condition between private companies and individuals. Civil and criminal laws are mostly
recognised for areas such as negligence, family matters, employment, probate and if any illegal
activity is conducted by powerful body then it comes under the boundaries of criminal law.
Membership of trade unions in UK has reached a height of 13 million in 1979 but now it is
declining. Law for workers states that they have the right to join any union at the workplace. It is
not necessary that union is identified or not. Any worker is dismissed by employer then it is illegal
according the law. Activities are performed by trade union invite other members if it is recognised
by the employer. Alternative dispute resolution resolves conflicts between traders and consumers
and omit going court. Various ADR schemes for established and large scale companies include
financial services, telecoms etc. its common forms are mediating independently in which help of
third party is taken to mutually accept the dispute. Second option is arbitration where facts are
considered by third party and binding decision is taken and implied to both parties.
M4 Compare effectiveness of legal solutions
Laws of UK is accessible for every organisation and individual. Its level of detail, instant
amendments, piecemeal structure, interact with European law and contract law. Public visibility
and committees' roles both have expanded in current years and 'Wright reforms' have proved to be
effective modernisations (Stone and Devenney, 2017). Focus of national political debate is made
by The House of Commons which provide views to government in complex situations and helps
them to take useful options. Currently effectiveness of government policies and delivering them
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have scrutinized their implementations. Companies Act help organisation and other foreign
company to establish themselves in a proper manner in UK.
CONCLUSION:
Finally, it is concluded that Country Pine follows different Acts and laws properly and the
bill that is passed in UK has to go through various stages and is issued by The Queen. English law,
EU law and Common law are considered as major laws.
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REFERENCES:
Ashworth, A. and Perera, S., 2018. Contractual procedures in the construction industry.
Routledge.
Bain, P. and Taylor, P., 2017. Consolidation,“Cowboys” and the developing employment
relationship in British, Dutch and US call centres. Re-Organising Service Work. pp.42-62.
Banks, D., Hendrix, J., Hickman, M. and Kyckelhahn, T., 2016. National sources of law
enforcement employment data. United States Bureau of Justice Statistics, pp.1-16.
Barkan, S.M., Bintliff, B. and Whisner, M., 2015. Fundamentals of legal research.
Bell, J., 2018. Sources of law. The Cambridge Law Journal, 77(1), pp.40-71.
Bratton, J. and Gold, J., 2017. Human resource management: theory and practice. Palgrave.
Dror, I.E., 2017. Human expert performance in forensic decision making: seven different sources
of bias. Australian Journal of Forensic Sciences. 49(5). pp.541-547.
Efrat, A., 2016. Legal Traditions and Nonbinding Commitments: Evidence From the United
Nations' Model Commercial Legislation. International Studies Quarterly. 60(4). pp.624-635.
Kedziora and et al., 2017. Nearshore service transfers in the EU: Legal and economic issues.
Economics & Sociology. 10(1). p.290.
MacCormick and et. al., 2016. Interpreting precedents: a comparative study. Routledge.
McKendrick, E., 2014. Contract law: text, cases, and materials. Oxford University Press (UK).
Rahimi, R. and Shakeri, H., 2016. Reflection on Judicial System'S Corruption and Offering
Solutions to Promote Its Safety. J. Pol. & L. 9. p.187.
Schiehll, E. and Martins, H.C., 2016. Cross‐national governance research: A systematic review
and assessment. Corporate Governance: An International Review. 24(3). pp.181-199.
Shecaira, F.P., 2015. Sources of law are not legal norms. Ratio Juris 28(1). pp.15-30.
Stone, R. and Devenney, J., 2017. The modern law of contract. Routledge.
Sue and et. al., 2017. A new framing approach in guideline development to manage different
sources of knowledge.
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