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UK Law and Employment Law: Understanding the Impact of Brexit and Corporate Social Responsibility

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Added on  2023/06/10

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This report discusses UK law and employment law, including the impact of Brexit on parliamentary sovereignty. It also explores the importance of corporate social responsibility in business practices.

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Business Law and Ethics

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Table of Contents
INTRODUCTION...........................................................................................................................3
MAIN BODY..................................................................................................................................3
TASK 1............................................................................................................................................3
TASK 2............................................................................................................................................6
Presenting why UK decided to leave EU law after Brexit..........................................................6
Compromised of parliamentary sovereignty...............................................................................7
CONCLUSION................................................................................................................................9
REFERENCES................................................................................................................................1
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INTRODUCTION
The present report is based on UK law and the way it was related to European law. It will also
discuss about the broad structure of employment law of UK and CSR policies used by company.
MAIN BODY
TASK 1
UK employment law has been designed to protect workers as well as employer from any kind
of workplace discrimination. Along with this, employment law of UK provides for legal
frameworks for the workers’ rights. Generally, it offers and safeguard the employers to dismiss
to dismiss employee in wrong situation. Thus, it helps in ensuring about the fairness for all.
Moreover, it helps an individual for understanding its rights and obligation related to main work
law and legal definitions. Furthermore, employment contract is an agreement between employer
and employee which states that one will work for the other in return for financial remuneration.
After recruiting employees, it is important for the company to share employee written contract
and it must contain about basic information relating to employment in writing and the policies of
company (Witthayapipopsakul and et.al., 2022). Although some of the arrangement can be done
verbally and it is common in small companies in which salaries and hours of work are agreed
orally. Moreover, most of the oral agreement creates issues for the company and all such cases
are heard in employment tribunal hearing and such salaries and bonus are determining whether
agreement has been breached or not.
In addition to this, employment law cases can be heard in civil and common law cases but some
of the special cases are heard in employment tribunal. Both the parties are given natural justice
of hearing and no judgement is passed without proper evaluation of evidence. Jury pass their
judgement after critically evaluating the case and provide judicial remedy for the victim. In
addition to this, new embedment has been made in employment law such as flexible working has
been added in the act in which employee can request for flexible working hour just 26 weeks in
continuous employment with the same employer (Pardede, 2022). Although flexibility can be
related to job sharing, working from home, part- time and staggered hours. There need to be
reasonable consideration to this request within three months and in case of any denial for the
request proper reason must be given to them. In case of nay fraud then it can be appeal in
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employment tribunal and request for unfair procedure and discriminatory. Moreover, some of the
rights has also been provided in this act such as equal pay as well as no discrimination while
working (Saparyanto Imanullah, Moch. Najib, 2022). Salary should be on the basis of
performance and not on the basis of gender. Although it is the duty of employer to provide health
and safety to the employees while working within the organization. The employees should be
protected with health insurance and proper guideline should be written of the material so that
precaution can be take while working. Moreover, it has been found that employees have right for
unfair dismissal it has worked for 2 years or more for employer.
However, in case of dismissal it is the duty of employer to give reasonable cause and it
must be related to lack of capability, poor conduct, illegality and other substantial reason.
Furthermore, employment tribunal hearing take place in front of employment judge and it decide
case of unfair dismissal claims and pay dispute. Although case must be heard with ACAS before
presenting court as it will contribute in seeking early conciliation. In addition to this,
discrimination against worker on the basis of age, sex, gender, marriage and race will be
considering to unfair practice (Onkila and Sarna, 2022). Some of the judicial remedy include
compensation, injunctive relief, reliving letter and back wages.
It has been found that employment law is in favour of both employees and employer as it
protects both of their rights. Along with this, in case of subordinates it protects them from
discrimination and unfair dismissal done by employer. Moreover, it provides them with the
compensation against any kind of misconduct happening in the workplace. It also in favour of
employers such as it has open has ACAS council in order to reduce employment tribunal claims.
In this if any claim is brought against employer it need to contract ACAS and give to employers
contact details. Then this council will contact to the employer and give them the opportunity for
settling the claim. Although in case of unfair dismissal government has increased the time limit
for one to two year this has given employers confidence to justify the change (Onkila and Sarna,
2022). Thus, it can be concluded that employment law is beneficial for both employee and
employers as it helps them in getting aware about their rights and remedies while working. If this
law is not present, then there will be chaos in business area and it will also contribute in building
relation with business and their employees.

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Corporate social responsibility is one of the most important business practice which aims at
improving their communities, environment and economy. Along with this, it is a form of self-
regulation which reflects business accountability and commitment towards society by taking
various social measures. In addition to this, CSR is crucial role in developing brand name of the
company by attracting customer, investor and employees that contributes in overall business
success. Although company can implement four types of CSR such as environmental activities
and programme, charity work, ethical labour practice and volunteer projects. The definition of
business success goes beyond profitability, growth rate and brand recognition as customer and
employees nowadays judge the company on basis of activity which impacts the community on
environment and society change (Johansyah and Hoesin, 2022). Thus, Corporate social
responsibility is the way of demonstrating the status of the company in the market area. Although
CSR is type of business regulation which aim at making positive impact on society. Some of the
ways company can embrace such activities is through promoting equality, diversity and inclusion
in the workplace like treating employees with respect and giving back to community as well as
ensuring business decision.
Moreover, earlier it was voluntary but now company has made this practices genuine
and it need to be integrated into operation and culture of company. Most of the business
organization align their cultural value with CSR and helps them in attracting customer. However,
it is important for business to conduct such activities as customer and investor are has working
for spending money that will prioritize CSR. Furthermore, for ensuring CSR authenticity a
company have to look at its values like business mission, values, issues and select best activity
that will align with goals and culture of their company (Pangestu and Fitri, 2022). The
organization an either do it internally and hire a third party to conduct an assessment.
Furthermore, CSR is important for business as it improves customer perception of brand like
increasing companies to have socially conscious image. The customer, investor an employees
prioritize company if they are = involved in CSR activity and it will hold corporation
accountable for effecting social change in beliefs, practice and profit. The company need to
make use of various activity for building awareness for socially important cause through
excellent way to building brand value. It has been found that organization can make use of
sustainable development as it will contribute in maintaining finance of company. Although
organization can make use of less packaging and less energy for reducing production costs. The
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another reason for implementing CSR is to attract and retains employees as upcoming and next
generation employees are focused in people, planet and revenue. It has been found that
employees stay for longer period of time if they can relate to company’s values and CSR. Many
big firms are encouraged to invest some percentage of profit into programs that give back.
Furthermore, CSR helps in increasing appeal to investor by demonstrating a developed
CSR program and initiatives that will contribute in attracting current and future investor. Thus,
company that take CSR seriously and signals to both investor and partners it allow company to
sustain for longer time in the market area (de Flamingh and Moore, 2022). However, it is
important for company to keep some points in mind before creating CSR business model like it
should not opt for unrelated initiatives like avoid participation in charitable efforts which are not
related to business and violas ethical standards. The company should invest in NGO’s that
supporting community development project. Furthermore, organization should not make use of
CSR as marketing techniques as it can backfire business so it’s crucial for organization to make
use of such activities only for purpose of developing society.
Example:
LEGO: It is a toy company that invest millions of dollars for managing the issues related to
climate change and reducing waste. The company focus environmental factor which includes
reduce packaging, sustainable materials and investments in alternative energy.
TOMS: The company donates 1/3 of its profit in charity which supports physical and mental
health. It also gives educational opportunity to underprivileged children in order to improve their
living standards. During the time of pandemic it has donated its money in Toms COVID- 19
Global Giving Fund.
Thus, CSR is very much crucial for business and it can be adopted by any type of company and it
is one of the best way to generate profit.
TASK 2
Presenting why UK decided to leave EU law after Brexit
In order to properly analyse the fact of shifting law of EU it is necessary for understanding about
legal framework. In UK law has been formed through sources of common law. Legislation and
EU. Parliament have sovereign power and has been given authority by government to make Law
and pass bill which are in favour of public peace (Barr 2020). Although things have been
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changed soon after shifting monarchy under parliament. The concept of rights and
parliamentary rights have been discussed in here. Moreover, divine rights have been defining as
rights which is made by monarch and authority is in hand of King. Whereas parliamentary rights
are known as right mad by this governing institution and it is applicable only till the area where
the parliament can implement their power. Along with this, Megan Crate state that law is above
and have more power than king and constitution can have a check on their activities. Thus, it can
be state that parliamentary power suppresses divine rights (Bickerton, 2019). Moreover, some of
the law has also limited the power of monarch and it stated that for inheriting the crown monarch
need to be legally identified and it must have to take consent of its subject. So the main motive
of UK has joined EEC was to improve trade practices between both the countries. However, it
was important to make use of EEC policy in order to remove trade barriers as well as
establishing an unbiased and common trade act so that issues can be avoided. Although while
evaluating UK system it has been found that there are 3 branch of government such as executive
that includes Crown body and government officials like Cabinet minister, President and Prime
minister (Zalnieriute, 2022). Along with this, in legislature entire parliament has been comprise
such as house of commons and house of Lords. In addition to this, in judiciary judges and court
as well as personnel holding judicial officer and magistrate are included. Supreme court is the
governing authority of this segment.
Furthermore, all three branch works collaboratively so that it can bring effective result in matter
of law and function properly. So all these was before post Brexit and after joining EU there has
been drastic changes in the political system.
Compromised of parliamentary sovereignty
The European withdrawal agreement has been passed in year 2019 and it include provision
which have major impact on sovereignty. The EU law is describe as set of judgment that work
along with the legal system and it is being followed by members of state and nation. although the
law made by EU was in simple language. In addition to this, it has been found that EU law was
supressing the parliamentary power and making changes in common law. Such as in legal system
it has given full right to permeant worker and partial right for part time that will affect legal
system of UK (Cardwell, 2019). Even in the case of political and military nature more
preference is given to EU law. Moreover, European law has authority to take legal decision on
the matter related to social, criminal and fundamental rights. On other hand, English system

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role is to make common laws for the citizens so that peace and order can be maintained in the
society. Although in most of the case common law has been used in part of UK but as EU is the
source of law then preference has been given to it more. In addition to this, direct application of
EU has created serious impact on the legal system such as impact of community law has affected
the judiciary n negative manner as soon as EU has joined. In English law the highest position
while implementing law is given to parliament and other legislative authority such as it can make
some laws or deny them but during the member ship with EU the authority power has been
suppressed as more preference were given to EU government officials (Korving and van der
Have, 2022). However, there was no alignment has been made between community as some
requirements needs to be fulfilled. Thus, in order to set the alignment English law has been set
for meeting the principle of union law. Due to this the English law become ineffective as union
was allowed to take charge of national law. So court of England was not able to make dictions
because of ineffectiveness of English law and thus while making the decision it has to take help
of European guideline. Furthermore, on 1 February 2020 UK has decided to leaves European
Union on 31 January, 2020 with help of withdrawal agreement.
After this contract UK will not be representative of any EU institution, agencies, bodies
and offices but it will apply until the transition period ends. However, in some cases EU will be
govern laws like UK will remain in European union customs union and in single market with
freedom and EU policies will be applied. The home and justice policy of home affairs will be
applied with regard of measuring as well as replacing on the acts of EU. The European country
will have to respect international agreements EU has signed and no new arrangement will be
applied in European country. However, in withdrawal of agreement will allow both EU and UK
citizen as well as their family members to follow rights which have been derived from Union law
(Bennett and Vines, 2022). The citizen and United kingdom and EU can live, work or study in
the host nation and there will be no discrimination on grounds of nationality and of the right to
equal treatment. The only restriction that apply which is mentioned in union law or mentioned
under agreement. Moreover, people will have right to live or work as self-employed person if it
is covered by withdrawal agreement then it has right to carry out an economic activity as self-
employed person.
The UK government has decided to leave the European Union from last so many years and due
to that it has introduced Brexit law. Along with this, main reason for leaving EU was not being
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able to address economic problems and there was high rate of unemployment has been increased.
However, legal authority of UK thought that EU will be supressing the power of parliament and
European lead will make Britain follow their own rule and regulation. It has been found that
during the time of EU it was hard for jury to make decision as there were difference in some of
the acts which ha lead in trouble of providing justice. It has been found that EU has imposed
some irrelevant regulation on UK and due to that trade deals between both the countries was
affected. However, due to trade there has been found that citizens were moving to UK which has
lead in increase in criminal activity so this was also the reason for leaving EU rules (Grossio,
2022). The main reason for leaving EU that it was threating British sovereignty as from last so
many years a series of EU treaties has shifted a large amount of power from member states to the
central EU bureaucracy on the subject related to competition policy, copyright and patent law.
Thus, EU was over ruling national laws. Moreover, European commission is accountable to
voters in Britain or anyone else and British government have some influence over European
commission member. But after selection of the commission the members are not accountable to
British government or parliament. Although sometimes EU rules sometime was ridiculous such
as recycle of tea bag was not allowed and there will be limit in the power of vacuum cleaner.
Moreover, it has been found by authors that EU promote anti-democratic structure like it
provides so much power to corporate elites and prevent the British left for earing gains.
However, Brexit was mainly focused on economics but the emotional case of Brexit is that it was
bringing many immigrations (Zalnieriut, 2022). EU law guarantees that citizens of EU country
have the right to travel, live and take jobs to other nations. Moreover, British people have felt the
fact that in year 2008 there were financial crises and the Eurozone has struggled economically
and people from Italy has visited UK in search of work.
CONCLUSION
From the above report it has been concluded that employment law is very important for the
organization as it provide details regarding the right available for employers and employees.
Along with this, it has been found that this law helps in dealing with any misconduct happened at
workplace area. In addition to this, the study has also depicted about CSR policies and the way it
can be implemented. In task 2 it has been summarized that EU law has affected sovereignty of
UK and the way it has impacted on country.
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REFERENCES
Books and journals
Ahmad, N. and et.al., 2022. A CSR perspective to foster employee creativity in the banking
sector: The role of work engagement and psychological safety. Journal of Retailing and
Consumer Services. 67. p.102968.
Bennett, A. and Vines, D., 2022. The EU–UK Trade and Cooperation Agreement: Lessons
Learnt. Oxford Review of Economic Policy. 38(1). pp.68-81.
de Flamingh, J. and Moore, B., 2022. Employment law: A'shot in the arm'-a roadmap to
mandatory vaccination. LSJ: Law Society of NSW Journal. (86). pp.66-68.
Grossio, L., 2022. Still Trust? Some Reflections Over the New EU-UK Arrest
Warrant. European Journal of Crime, Criminal Law and Criminal Justice. 30(1). pp.19-40.
Johansyah, A. and Hoesin, S. H., 2022. Implementation Of Social Security As A Form Of
Assurance Of Workers' Rights In Obtaining Employment Social Security Protection In
Indonesia. Unram Law Review. 6(1).
Korving, J. J. A. M. and van der Have, J. C., 2022. Brexit: The Direct and Indirect Effect of the
EU-UK Trade and Cooperation Agreement. Intertax, 50(1).
Onkila, T. and Sarna, B., 2022. A systematic literature review on employee relations with CSR:
State of art and future research agenda. Corporate Social Responsibility and Environmental
Management. 29(2). pp.435-447.
Pangestu, I.A. and Fitri, F., 2022. Critical Analysis of The Policy of Mediation Time in The
Employment Disputes Settlement. Musamus Law Review.4(2). pp.51-62.
1

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Pardede, S., 2022. Employment Law Industrial Revolution Perspective 4.0. International Asia Of
Law and Money Laundering (IAML). 1(1). pp.47-56.
Saparyanto; Imanullah, Moch. Najib, 2022. Ius Constituendum foreign fintech investment
(post/after) employment law to accelerate Indonesian economic development. Technium Soc.
Sci. J.. 29. p.223.
Sugianto, S. and Soediantono, D., 2022. Literature Review of ISO 26000 Corporate Social
Responsibility (CSR) and Implementation Recommendations to the Defense Industries. Journal
of Industrial Engineering & Management Research. 3(2). pp.73-87.
Witthayapipopsakul, W. and et.al., 2022. Effect of the Promulgation of the New Migrant’s
Employment Law on Migrant Insurance Coverage in Thailand: An Interrupted Time Series
Analysis, 2016–2018. International Journal of Environmental Research and Public Health. 19(7).
p.4384.
Zalnieriute, M., 2022. A Struggle for Competence: National Security, Surveillance and the Scope
of EU Law at the Court of Justice of European Union. The Modern Law Review. 85(1). pp.198-
218.
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