UK Employment Law and Formation of Company in UK

This report discusses the legislations made for employment law in the UK, including the rights and obligations of employees and employers. It also explains the fundamental features of the formation of a company in the UK, including constitutional documents, company name, registered office, first officers, statement of capital, and persons with significant control.

Individual Report

Table of Contents
INTRODUCTION...........................................................................................................................3
MAIN BODY...................................................................................................................................3
Task 1-.............................................................................................................................................3
Discuss the broad historical structure of UK Employment Law and indicate who you think
UK Employment Law favours – either employers or employees (1000 words)....................3
Task 2-.............................................................................................................................................5
Discuss the fundamental features of the formation of the Company in the UK (1000 words)..5
CONCLUSION................................................................................................................................7
REFERENCES................................................................................................................................8

INTRODUCTION
Business law is related to the rules and regulations which regularise from trade and
mercantilism. The law of enterprise includes laws affiliated to employ, intellectual property and
contract, and many more. These laws specifies various procedure to complete transactions of
business. These law also mentions rights and obligation of employees and employer at the time
of enactment in enterprise. Business law is also named as commercial law. This also consider
international legislation for business law, agreements and body of governance which deals with
mercantile law(Bell, 2020). There are different international conventions which deals in
international commerce and trade between state. This report discuss about employment law of
UK. Moreover, this also discuss about the fundamental features of the formation of the Company
in the UK.
MAIN BODY
Task 1-
Cover the wide historical artefact of UK Employment Law and show who you think UK
Employment Law favor – either employers or employees (1000 words).
The employment law of UK discuss about relation between employee and employer.
These legislations were made by country for ensuring better practical situation for the workers of
establishment. It also consider cure granted to workers for breach of contract. This is important
as it gives rights for both employees and employer of the organization(Biermeyer, and Meyer,
2019). In lack of these laws, the employee and employer would endure as there were no
boundation on the actions of employer.
The law of employment covers these following aspects:-
Employee's impairment
Exploitation and aggression
Discrimination on the basis of religious belief, caste, sex, colour, etc.
Employment contract
Paid holidays
Equal payment for equal working
Minimum wages payment to workers
Paternity leave

Leaves for sickness
Maximum working hours.
Redundancy
All of these key aspects were discussed in employment law of UK. This law is mandatory
for both employees and employers. Furthermore, on breaching of any section in this law, there
are specific provisions for punishment in the employment laws.
Some essentials of employment law are as precede-
 Employment Rights Act, 1996- This law gives rights for the workers of the
establishment. This will outline the rights in a situation where workers were discharged
unlawfully, maternity leave, unlawful dismissal, paternity leave, etc. This also cover
rights of workers in which the employer thinks that workers is dismissed and reluctant
him on this ground(Cejnar, and Duke, 2018).
 National Minimum Wage Act, 1998- This law will ensure that worker have to paid
with at least minimum wages which were decided by government time to time in
reference to the rate of inflation in the country. There is a specified process to calculate
whether or not the workers were paid national minimum wage or not. Employers have to
maintain record which mentions that they have paid their worker national minimum
wages.
 The Maternity and Parental Leave, etc. Regulations, 1999- This act was made for
providing leaves for female workers at the period of pregnancy. This also provides paid
leaves to all the workers who takes attention of their parents at the period of time when
they are ill. In this the employer have duty to grant paid leaves to a women who is
pregnant and to any of individual who takes care of their parent when they are sick.
 Employment's Relations Act, 1999- This act describes relation of workers and
employer of an establishment(Deb, 2022). This makes rights and duties for employer and
employee in each and every condition. This act contains main provision for maintaining
good relation between employer and employees. This also have duties and rights of both
employer and employee.

 Part time Workers ( Prevention of less favourable Treatment) Regulations Act,
2000- This make sure that discrimination will not be done on the ground of full time and
part time individual. Usually, the workers who work part time were salaried less for the
said activity which is done by full period worker. This law ensures that this type of
uneven care will not be done to the workers on this ground.
 Transfer of Undertakings ( Protection of employment) Regulations, 2006- The act
give precaution of employment of the existing workers in status of transfer of enterprise
to any other form of business concern. Hence, this is made for the security of workers
who were already working for the establishment.
 The Equality Act, 2010- This act protect workers form discrimination on the grounds of
sex, nationality, caste, race, gender, etc. this prohibit worker from taking a decision
which confer discrimination within workers on the basis mentioned above. The employer
takes care that at the time of employment any type of discrimination do not take place on
any of ground. The duties and responsibilities were mentioned in this act and if they don
not comply with the provisions then the liabilities also mentioned in this act.
Furthermore, the law of employment in UK do not favour any of the party such as
employer and employee(Giliker, 2021). But, this make provisions from which the enterprise will
attempt smoothly through the activity of employer and worker of the establishment. Basically,
this make duties and responsibilities for both employee and employer. This is because there are
many commissariat for dis mission which give quality to employer for dismissing the worker for
just and legal reasons. On same side, this will also prohibit the worker for unfair dismissal. In
such a way, this also give few powers to worker such as unfair dismissal in which they get
justice in the court of UK. The law of employment also provides the duties and benefits for both
employees and employers.
Task 2-
Cover the fundamental features of the constitution of the Organization in the UK (1000 words).
The process of institution formation of legally formation and registering a limited
company in companies house. This process will be done in three to six working hours through
completing and filling an online form. To incorporate in the companies act 2006, a company
convert into an individual legal entity which is wholly distinct from owners and responsible for

their own liabilities and finances. A company should enters in a contract on their own name,
takes ownership of assets and provides protection of finance to the owner in form of company.
The Companies House is an registrar of companies in UK, and this operates in 3 jurisdictions:
Scotland, Northern Ireland, and England and Wales. The main features to form a company are:
1. constitutional documents- these document regulate a establishment and lie in these of the
following-
 The memorandum of association- A short representation confirms endorser purpose for
forming a establishment and for becoming member of organization to incorporate. Legal
statement which is signed through all initial guarantors or shareholders agreeing for
forming a company.
 The articles of association- the principal of company's written document. This have
provisions of elaborate body of company's operation agreed through its associate. This set
out process of decision making by the directors and members, and many matters connects
with shares, powers and appointment of directors, general meetings of members, board
notices and resolutions, helps in ensuring that the business of a company runs efficiently
and smoothly as possible. The company can adopts form of Model Article which are
defined through Statute or choose own tailored articles.
2. Company name- A private limited organization of UK will select any name which is
provided:
 This is distinctive: It can not be same as other name, different from other name on the
index of company or effective to be identical as name existing already in
utilization(Gilson, and, et. al., 2019). As example Mongoose Limited will be consider
aforesaid as Mongoose Limited UK.
 This do not contain any sensitive expression or word: In any of circumstances you
needs official approval of the secretary of state or any other establishment. One of
implied national pre-eminence, status of business representative or specific function,
sponsorship connections or government patronage, with others.
 The usage of words in any relation of royalty could not be exploited.
 This do not have some symbols, characters, signs: Outside of these alpha-numeric
series and punctuations are restricted.
 This is not violative.

 The company's name ending with Ltd. Or Limited.
3. Registered office- The private limited establishment do have an physical address in UK. This
address used as authoritative communication have to be conveyed, this is written communication
of establishment house and HM Customs and Revenue. This address is available publically on an
online registration and the object where someone is capable to examine a statutory registration of
a establishment, until a company adopt a single alternate examination location. The address have
to be shown on establishment's stationery, this also includes web site and emails.
4. First officers- This consists of following:
Directors
A limited organization do have minimum one director, and have to be a living individual,
he must have attained the age of 16 years and not being ineligible from becoming a
director. A body corporal does act as an director, but if they appoint corporal manager
then there must have at least one director who is an natural individual. This is advised for
having at least two directors for guarantee that coherency have one of them vacate or do
not able to act(Na, 2019). The article of social activity mainly consists of provision on
how these directors will manage affairs of company and how these directors will exercise
all of the power which conferred through the members and as according to their joint law,
fiduciary and statutory duties. This act as director of UK company which do not resides in
UK. On incorporation, the director's name and the director's permanent address have to
filed in companies house. The directors must select for registering a company address,
which will be same as the address of certified office. So, their residential address will not
be acquirable on public evidence.
Company secretary
At the time of statute define an function of administrative and company secretary duties,
the private limited company are not required for appointing one until the article of
association of company expressly required for doing so. The secretory of a company may
be a corporation or an individual.
5. Statement of capital: This statement gives a detail for company to share value and structure.
There have to be various shares and classes with many rights such as right of dividend,

redemption rights and capital right, right of voting. These were mentioned under the article of
association of company.
6. Persons with significant control: Any of the individual who mainly control have to be
certified on incorporation(Sarkar, Webster, and Gallacher, 2018). Their purpose is for
improving trust of corporate and opacity through devising it broad who do control and owns
companies on UK. This is conscious for improving action of corporate, makes money laundering
and assists sanction for those who seeks for hiding their control of facilitating or ownership in
illegal activities. An individual who have main control on a person who meet the condition
related to ownership of share, appointment of directors, right of voting, or right for exercise of
exercise control of a company.
CONCLUSION
The above report conclude two topic named as the employment law in UK and the
cardinal characteristic of the arrangement of the Organization in the UK. The report summarise
the legislations which were made for employment law of the country. This explains the status
related to employment law. It also explain unfair dismissal done through employer of the
company. Furthermore, this also explains about the fundamental features of the formation of the
Company . This explain present scenario for formation of a company in United Kingdom. This
also summarise about the formation of a company in United Kingdom.

REFERENCES
Books and Journals
Bell, J.L., 2020. Governing commercial access to health data for public benefit: Charity law
solutions. Medical Law Review, 28(2), pp.247-269.
Biermeyer, T. and Meyer, M., 2019. Do UK companies make use of corporate mobility
instruments to ‘escape’Brexit?.
Cejnar, L. and Duke, A., 2018. Competition and fair trading practices in the higher education
sector: A comparative review of the position in the UK and Australia. ECLR: European
Competition Law Review, pp.31-36.
Deb, E., 2022. International Business Law-Critical Review on Corporate Governance in
UK. Available at SSRN 4074105.
Giliker, P., 2021. Legislating on Contracts for the Supply of Digital Content and Services: An
EU/UK/Irish Divide?. Journal of Business Law, 2021(2), pp.143-162.
Gilson, D., and, et. al., 2019. British Association of Dermatologists and UK Cutaneous
Lymphoma Group guidelines for the management of primary cutaneous lymphomas
2018. British Journal of Dermatology, 180(3), pp.496-526.
Na, T., 2019. Piercing the corporate veil: when LLCs and corporations may be at
risk. International Journal of Law and Management, 61(2), pp.328-344.
Sarkar, C., Webster, C. and Gallacher, J., 2018. Neighbourhood walkability and incidence of
hypertension: Findings from the study of 429,334 UK Biobank
participants. International journal of hygiene and environmental health, 221(3), pp.458-
468.