The Legal Framework and Legal Solutions - Assignment

THE LEGAL FRAMEWORK AND
LEGAL SOLUTIONS

TABLE OF CONTENTS
INTRODUCTION...........................................................................................................................1
TASK 1............................................................................................................................................1
P1 Different sources of law that the organisation will comply with for Country Pine..........1
P2 Explain the role of government in law making and how does the statutory and common
laws are applied in the firm....................................................................................................3
TASK 2............................................................................................................................................4
P3 Potential impact of employment law and contract law on business..................................4
TASK 3............................................................................................................................................5
P4 Appropriate solutions for a range of business problems...................................................5
P5 Justification for the use of appropriate legal solutions......................................................6
TASK 4............................................................................................................................................7
P6 Solutions based on UK’s legal system..............................................................................7
CONCLUSION................................................................................................................................8
REFERENCES................................................................................................................................9

INTRODUCTION
Legislation plays a very deep and crucial role in handling of operations of an
organisation. The legal operations help in better management of various functions performed by
an enterprise. The judicial obligations will support in better rise in compatibility of the firm, and
will support good growth and development of all operations that will support an effective rise in
business activities (Daily, Kieff and Wilmarth Jr., 2014). For this report, Country Pine(CP) has
been taken as the organisation of context. It is a UK based firm working in the pine furniture-
manufacturing firm. This report laid an emphasis on different sources of legislations and role of
government in law making. The details of contract laws and employment laws have been taken
under consideration. Other than this, solution to different business issues and their justification is
provided. Apart from this, an Alternative Dispute Resolution Process (ADR) involving
arbitrations has been taken considered.
TASK 1
P1 Different sources of law that the organisation will comply with for Country Pine
In UK, the English legal system has been taken in compliance that will help the firms and
other organisations to handle legal operations in a better way. The business related laws and acts
are also developed by an organisation to ensure proper functioning of an enterprise. A good
following of the laws and rules and regulations will support better growth and development of
operations and handling of different activities that are performed by any business entity like
furniture manufacturing firm Country Pine (Commons, 2017). The legal body will see through
the better management of the legal actions and will safe guard the firm against any illegal
activity.
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The UK's legal system is as follows:
Civil Law: This involves laws and acts which will help in good rise of operations and support a
good rise in the business activities and meeting of targeted goals and actions. This will support a
better handling of the organisation function's that are been performed by the firm. The Civil laws
consist of legal measures meant for well being of people. This involves legal support against
deceit, forgery, divorce and other matters. The penalties under these acts are less severe and
involve moderate punishments.
Criminal Law: It involves laws and acts against criminal activities like forgery, murder,
harassment, theft etc. as it impact the wellbeing and security of an organisation as well as an
individual of a country; they are imbibed and enforced with consideration. The penalties and
punishments are serious as compared to that in civil laws (Quinney and Shelden, 2018).
Other than this, the legal structure has many other sources and path that help in making it
more effective and stronger.
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Some major sources of legal system in English law are:
 Case Laws: This is the legal operations that have been taken into operations of legal
systems that involve the jurisdictions and verdict and is case specific in nature.
 Human Rights Law: This involves the basic rights and legal measures that will provide
equal management and rights to every individual or citizens in the country.
 Legislation: It involves legal measures that will help in proper improvement in activities
to support a good rise in the effectiveness of judicial system.
 Equity and Delegated Legislation: It involves better rise in effectiveness of the legal
obligations that will support a good growth in betterment of an individual or entity. This
process involves gaining of legal support outside the legislation structure that helps in
effective rise and development of the firm (Rose, 2017).
P2 Role of government in law making and how the statutory and common laws are applied in the
firm
The government of UK will play a very deep and crucial role in handling of operations
and legal activities that will take place at any organisation or in country. The government will
see through an effective and efficient following of different legal measures and activities
performed. The various authorities that have been set by the government will look after better
management of functionalities and actions of business operations that will support a good rise in
organisational functions. Other than this, the government of UK will see through execution of
wide range of activities that will aid in good rise in business activities and well being of people
associated with business.
The law making process involves the following measures that will help in good maintenance of
activities to support and aid in good development of the law making process in UK such as:
 Bill: The Bill or draft of act is developed by organisation that will see through better rise
in compatibility and meeting of targeted goals. It will involve description of issue and
their potential legal solution to it with implications and implementation measures.
 First Reading: In this step, bill or draft is being read in House of Commons where a
debate will be held on its feasibility. Once debate is over, necessary amendments or
changes are suggested to make it more effective and efficient. The required changes are
made by developing panellist and experts and then it is sent for further processes
(Faúndez, 2016).
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 Second Reading: This will involve better handling of activities that will support a good
rise in the capabilities and meeting of requirements of legislation. The second reading
will help in creating a clear idea about activities or functions that are performed by the
bill.
 Committee Stage: In this stage, the panel of legal experts and analysts will help in
testing the feasibility and effectiveness of operations that are performed by a firm. They
will look through different needs and demands of citizens.
TASK 2
P3 Potential impact of employment law and contract law on business
This is to determine the possible impact of employment as well as contract law on CP
that is currently operating as a sole trader with advice to become a limited company. It is
therefore to state the nature of a registered limited company where the liability of shareholders
limit to the capital invested by them in the firm (Kubasek and et. al., 2015). Although, the role
played by the directors to raise funds largely depends upon the enacted laws and acts, as
specified below-
 The Employment Act, 2008: This act is a UK based act that governs its labour law and
is thus applicable on CP as well. It exists with a foremost purpose of ensuring an
economic stability in the nation in terms of inflation by together limiting the occurrence
of unemployment. It is regulated by the State Government where it greatly contributes in
providing employment related opportunities as a way of enhancing the economic status of
a country.
 The Contract Act, 1990: This act supports the employees in safeguarding their rights as
well as occupational obligations. It is proven to assist the appointed employees of CP
along with its directors and other related shareholders or investors in claiming
discriminative or unfair actions faced by them (O'Brien, Powers and Wesner, 2018). It is
hereby referred to be a prime responsibility of the owners to potentially apply all the
above-specified laws in an organisation and strictly follow all its directed norms.
On differentiating the aspects of both aforesaid acts that are equally applicable on CP, it
has been found that the employment act 2008 is much more concerned about the workers to
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protect their rights. However, another law with applicability of Contract Act, 1990 is
focussed on establishing a legally bind enterprise.
Apart from this, there together exists some other related acts and legislative norms that
are likely to impact upon the businesses like CP. This involves acts like Health and Safety Act
1974, Equality Act 2010, Compensation Act 1897 and Harassment Act 1997, etc. These are
mostly concerned about practising safe usage of hazardous equipment’s and risky machineries at
the workplace. Compensation benefits are mainly in regard to provision in monetary aids for
injuries and ailment at work. Providing safety towards any harassment related activities and
equal opportunities at work should together be administered in an effective manner. All these
aspects should be taken into consideration, both at the time of hiring and post-employment stage
as well (Beatty, Samuelson and Abril, 2018). A rising demand of the cited entity in restaurants
for sale of its furniture’s and other offered equipment’s necessitated them to hire an effective
workforce. This is basically to effectively manage both the aspects of production along with
profitability. Employees are referred to be the principal assets of all sort of businesses and play a
vital role in achieving success. This concludes a huge impact of the applicable legislative norms
governing CP’s workers along with its workplace settings to effectively complete the undertaken
operational activities on a specified time period.
TASK 3
P4 Appropriate solutions for a range of business problems
This is referring to the Accounting Reports of CP, where it has been recommended it to
become a registered company by recording itself as a limited company. This is apparent to
enhance its current level of sales and productivity in terms of generating huge amount of profits
and revenues. Kevin Johnson is specified to be present CEO of the quoted firm who is
accountable towards the management and is responsible for controlling their undertaken
operational activities (Harner and Rhee, 2014). However, the enterprise is hereby responsible to
follow all applicable legislative rules and regulations to govern its functional activities and
become a registered establishment with raised capital as well as production. The appointed
directors of business are responsible to manage all the undertaken activities at the workplace.
Herein, the Companies Act 2013 is apparent to assist in improving the existing number of issues
by together enhancing the overall work setting at CP. This act has assured a balance of power at
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the workplace with an equal contribution of all its stakeholders in terms of fulfilling their
obligations for the attainment of organisation’s overall goals and objectives.
It is with a specific consideration of the investors, shareholders and stockholders, etc.,
who are mainly responsible to assure a corporate administration of work to meet the set
regulatory norms. It is apparent to assist into the utilization of both regulatory and penal
measures by together involving such type of operations that ensures a legal structuring of the
corporal assembly at work which is also operating with good deeds (Beatty, Samuelson and
Abril, 2018). This in turn will help CP to attain their accepted goals and objectives on a specified
time period for future development that will also enhance the working capital and overall
business performance. Such raised earnings are also proven to lead into enhanced productivity of
the workers with a sense of responsibility towards fulfilling the duties in the best possible
manner. This verifies that successfully applied corporate governance is assistive in contributing
towards an overall development of CP with more generation of profits and other efficient
improvements in the business.
P5 Justification for the use of appropriate legal solutions
This is to justify the applicability of Companies Act, 2013 on CP in order to resolve it’s
identified business issues. This act is known to assist in applying the concept of modest
flexibility at work. It was firstly proposed in the year 1866 for regulating the enrolments as well
as the standards and policies to effectively govern a corporate business and involvement of all
stakeholders in it (Davidson, Forsythe and Knowles, 2015). It is in accordance to this act; each
and every director must be appointed by business in the General Assembly. In addition, they
should have assigned a specifically defined Director Identification Number (DIN). Beside this, it
should be along with an announcement or a message stating that he/she is eligible for the
position of an efficient Managing Director.
Below are the roles and responsibilities of a Director in context to CP-
 They should be focussed on promoting and guarding the stakeholder’s level in the
business.
 The director will be accountable for ensuring a vigilant undertaking of the actions where
the users must not get affected from their business relationships.
 A prime responsibility of the directors is to effectively guide all the involved members to
attain profitable outcomes in future that will in turn raise the level of business.
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 A responsible outlook towards managing and resolving problems and disputes among the
members along with other committee members is required to improve the effectiveness
of accepted operational activities (Jones, 2017).
 Directors must be focussed on making independent judgements that will in turn upsurge
an overall work environment with the application of effective decisions.
 All external environmental factors comprising political, environmental, legal, social as
well as technical elements should be administered and measured by the appointed
directors to take accordant decisions.
 A major focus on the financial activities must be there to increase the working capital of
business and effectively expand the undertaken business activities of CP to get profitable
outcomes.
With respect to this, after registration, both the employees as well as the Board of
Directors will be required to follow all agreed legislative norms formulated by the government
for a smooth operation of the business (Van Uytsel and Wrbka, 2016). A registered limited
company can borrow additional capital from the banks in the form of loans where the directors
are accountable for attending the practice sessions with context to CP.
TASK 4
P6 Solutions based on UK’s legal system
This is to provide some solutions to CP for resolving any conflicted situation at work.
One such measure is Alternative Dispute Resolution Method also known as the process of ADR.
It is a very crucial method and can be used by two or more parties to resolve any disputed
concern among them (Blake, Browne and Sime, 2016). UK government is also known to support
this process where it is proven to reduce the chances of claims in the court with less judicial
procedures to resolve any conflicts. This in turn also saves a lot of time by together creating an
effective relationship among the parties to agreeably assess and resolve any concerns between
them.
There exists yet another effective measure called conciliation and mediation with some
less formal procedures and an ease of resolving the issues in no time. It is with a main objective
of satisfying both the parties and reaching to a common solution. Additionally, there is yet
another method called Adjudication which is a formal procedure, full of documented proofs
submitted by both involved parties and is being used to identify the cause of dispute. This is
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approved by the Charted Institute of Arbitration with a prime goal of focusing on the area’s that
could lead to create a conflicted situation at work.
Lastly, the process of arbitration is proven to assist in evaluating the issues by together
resolving it in the most evident way. It is however referred to be a long-term procedure which
consists of a lot of paperwork to follow its legally binding laws (Singer, 2018). Once, an
undertaken decision in this accepted process is stated to be final with no alternative of applying
for another court case to get a satisfactory decision in favour of single or all involved parties.
CONCLUSION
The above report has defined the English legal system in UK that involved the
demonstration of both criminal as well as civil laws that are applicable in England and Wales.
The constitutional documents of laws are also termed as Governmental Bill, provisioning greater
assistance to the workers. It is with a special context of a chosen business establishment named
CP or Country Pine that has been suggested to become a registered limited company for
effectively managing its business operations. Furthermore, this report has also addressed some
key areas of employment, competition, consumer’s health & safety and environment in CP that is
largely influenced by its adopted legislative act and is evident to impact upon its business as
well.
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REFERENCES
Books and Journals
Beatty, J.F., Samuelson, S.S. and Abril, P.S., 2018. Business law and the legal environment.
Cengage Learning.
Beatty, J.F., Samuelson, S.S. and Abril, P.S., 2018. Essentials of Business Law. Cengage
Learning.
Blake, S.H., Browne, J. and Sime, S., 2016. A practical approach to alternative dispute
resolution. Oxford University Press.
Commons, J.R., 2017. Legal foundations of capitalism. Routledge.
Daily, j.e., Kieff, f.s. and Wilmarth jr, a.e., 2014. Introduction. In Perspectives on Financing
Innovation (pp. 13-16). Routledge.
Davidson, D.V., Forsythe, L.M. and Knowles, B.E., 2015. Business law: Principles and cases in
the legal environment. Wolters Kluwer Law & Business.
Faúndez, J. ed., 2016. Good government and law: Legal and institutional reform in developing
countries. Springer.
Harner, M.M. and Rhee, R.J., 2014. Deal Deconstructions, Case Studies, and Case Simulations:
Toward Practice Readiness with New Padagogies in Teaching Business and Transactional
Law. Am. U. Bus. L. Rev. 3. pp. 81.
Jones, L., 2017. Introduction to business law. Oxford University Press.
Kubasek, N. and et. Al., 2015. Dynamic business law. McGraw-Hill Education.
O'Brien, C.N., Powers, R.E. and Wesner, T.L., 2018. Benchmarking and Accreditation Goals
Support the Value of an Undergraduate Business Law Core Course. Journal of Legal
Studies Education. 35(1). pp. 171-189.
Quinney, R. and Shelden, R.G., 2018. Critique of the legal order: Crime control in capitalist
society. Routledge.
Rose, N., 2017. Beyond the public/private division: law, power and the family. In Law and
Families (pp. 33-48). Routledge.
Singer, L., 2018. Settling disputes: Conflict resolution in business, families, and the legal system.
Routledge.
Van Uytsel, S. and Wrbka, S. eds., 2016. Networked governance, transnational business and the
law. Springer.
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