Business Law & Regulation Research Paper

This assignment requires students to research and analyze various aspects of business law and regulation. Topics covered include the impact of the World Bank's Doing Business project on the business climate, the intersection of social enterprise with corporate objectives and governance, and comparative perspectives on business law in online and face-to-face settings. Students will also examine international energy investment law, business ethics in a globalized world, and legal frameworks governing virtualized computing environments.

UNIT 7 BUSINESS LAW

INTRODUCTION
Organisation complies with several laws as it provides them with legal functioning in the
market. This report deals with the business law which has to be taken by company so that it may
be legally formed and may carry on its functioning effectively in the market (Besaiso and et.al.,
2016). Moreover, employers have the responsibility to take care of workers in the workplace and
should be provided with medical facilities to them in event of injuries. As such, the laws provide
legal power to company to perform effectively. It can accomplish tasks by abiding the laws. The
laws provide organisations an effective way of doing business as they get legal permission from
the government and as a result, they continue their operations with much ease. Business law
guides organisations to perform duties in a way that does not exploit the workers who are
working in the premises. As such, several laws like Heath and Safety Act and Employment Act
supports employees and in the event of any incident happens in the workplace, they help them in
effectual manner. Medical services should be provided to employees under Health and Safety
Act. Employers are required to provide facilities to employees as they are vital part of the
organisation.
SECTION 1- Nature of legal systems
(P1) Discuss structure of the English legal system and also different sources of laws to be
followed by company
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The legal structure of British system is regulated by Supreme Court which deals with
various cases of criminal and civil. The decisions which are made by Supreme Court are legally
binding on all other courts. English legal structure is divided into Magistrate courts, crown
courts, under criminal cases. While, High court of justice and county courts are under civil cases.
The main purpose of English law system is to effectively resolve disputes and punish criminals
so that law can be maintained in ordered manner.
Supreme Court
This is the apex court in England which deals with varuios civil and criminal cases in the
country to remove any illegal and unlawful acts (Halliday and Shaffer, 2015).
Court of Appeal
It is the court which is below Supreme court. It has two departments to keep an eye on
unlawful activities in the country.
Magistrate courts
This court is entitled for solving family related and local issues relevant to criminal acts.
Moreover, it also listens to issues like public health, traffic violation etc.
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Illustration 1: Source: Law library, 2016

Crown courts
This court hears very serious cases which are related to murder, robbery and rape which
is appeals against Magistrate court.
High court of justice
This solves issues related to family problems, business and property and Queen's Bench
division.
County courts
County courts does not deal with criminal cases but deal with cases of family problems
and business issues. The settlement amount which needs to be paid by criminal party to the
victims (Beatty, Samuelson and Abril, 2018).
Different sources of laws
Legislative enactment:
The English system has more than one legislative bodies such as central, state and
municipal authorities which all possess different authorities to legislate (Cameron, 2017).
Moreover, primary legislation may be able to give away authority to other ministry to formulate
secondary legislation to design the principles guided by primary one.
Constitutional law:
The constitution law has several fundamental rules that are used for giving out powers to
government branches such as executive, legal structure. The constitution law also considers
various rules which are related to freedom and rights.
Judicial decisions:
In English system of UK, judicial decisions are treated as authoritative and are known as
case law. It is also applied to legislation and deemed to be a part of law. Therefore, it is essential
for businesses or organisations in UK to comply and follow these rules so that they may run their
businesses legally and with much ease. The laws provide them legal permission to run
organisations.
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(P2) Outline role of government in enacting laws
The government role is vital in making laws as it regulates organisations so that they may
conduct business in legal way. For making laws, government passes laws which are then
converted into bills of parliament. The proposals affecting other authorities in relation to roads
and railways are called as private bills which are classified in another form of process. In
contrary to this, laws which changes general law in the country are called public bills. These bills
are vital part of parliamentary process of the country (Robson, 2015).
Minister has the responsibility to introduce public bills in front of the parliament. Almost
all public bills that are converted into legislations are done by minister. It is known as
government bills which become legally effective after elections are over in UK. Moreover,
government has the role to consult with professional bodies and organisations. The government
also issues green papers which are provided to public and awaiting comments on it (Duffy and
Hynes, 2017).
Application of statutory law-
Statutory laws are those which are usually written laws which is enacted by the
legislative professional body of the country. This law is different from other laws that are passed
by external departments and not by statutory one. Statutory law is passed by government by
converting all the private as well as public bills which are then become law and becomes legally
binding on all. Minister who is in power does this job. Organisations has to follow these statutory
laws to function effectively and cannot get default by not complying with this law.
Application of common law-
The common law is formed on the basis of past cases which were presented in the court
for justice. This involves cases of individual, business organisation and cases within the
possession of parliament of the country (Vagts, Koh, Dodge and Buxbaum, 2015). The benefit of
this law is that businesses and employees who are working in the organisation must be benefited
by the common law. This law changes constantly and does not remain stable as it changes
frequently. Judges of the court creates and applies common law by writing judgements about the
cases presented to them. Organisations should follow and abide by the common laws so that they
may be able to function properly with much ease.
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(M1) Effectiveness of the legal system
The legal system is an important aspect in a country. If legal system is not present, then
law cannot exist in the country. The judge go to court for making decisions. English has different
method of appointing the judges. Lord chancellor is entitled to appoint them with prior
permission from the Prime minister and the same is forwarded to Queen to call for appointments.
Hence, legal system has a vital role in the country.
SECTION 2 – Impact of the law on business organisations
(P3) Discuss employers’ legal obligations in relevance to various elements
1. Occupational Health and Safety-
The English law guides to employers to give safety measures to employee who are
working in the manufacturing and operational organisations. There are many terms and
conditions which are to be fulfilled by employers so that they give safety precautions at the
workplace so that employees working in these units may be safe (Ball, 2015). Moreover, first aid
box needs to be present in the organisation so that in the event of any incident, it may be used to
cure wounds.
2. Workers compensation-
The remuneration to workers must be provided according to the level of jobs and duties
they perform in the organisation. This is the right of employees to claim compensation of the
work done by them. If they got injured during performing duties, adequate medical services must
be provided to them by employers.
3. Harassment-
This is the serious law which is governed by Employee Harassment Act of UK.
Moreover, it says that employees should not be given excessive workload and also no
harassment must be done involving sexuality, physical appearances (Blount and Nunley, 2015).
4. Equal opportunities-
The equal opportunities imply that workers must be given adequate salaries and wages
depending upon skills and capabilities they have and as such, it is the duty of employers to
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provide adequate salaries to workers. Equal opportunities are the right of every individual hired
in the organisation.
Employment and contract law
The consideration of the case of 16 years old girl which fallen down in the restaurant and
was severely burned. The leader was responsible for the losses which the girl has got as he was
appointed in the restaurant to execute operations. The hospitality sector will be charged under
Child labour law as it has appointed minor as she was 16 years old and is a serious case as
restaurant should not have appointed her in providing operational activities.
Moreover, she was not awarded with medical services which is mandatory under Health
and Safety Act. As a result, firm will be penalised to make payments of the expenses of girl
which has incurred on medical bills from the hospital. The firm is able to make contractual
agreement with the employees as soon as they join organisation. But in this case, a minor cannot
be appointed in firm and organisations not complying with these laws are liable for making
compensation to the legal system and may even penalised by the court (Crane and Matten, 2016).
The above case of girl and employer's obligations, it can be said that minor should not be
allowed to do work and if employer provides work, then it is a serious offence. Moreover, health
and safety, workers' compensation should be provided to them and employer is obliged to them.
Moreover, equal opportunities should be provided at the workplace.
(M2) Distinguish and analyse the potential impacts of regulations, legislation and standards
Regulations-
It is important as it guides organisation to perform duties in relation to law. If it does not
comply with regulations, it may go to severe issues. As a result, it has adverse effect on
organisation as they have to abide by it(Besley, 2015).
Legislation-
Legislation impacts companies as it has the role to protect people from any harmful
services imparted by company. Moreover, investors and creditors are also protected by
legislation. Competition also impacts adversely to company in its effective functioning.
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Standards-
The organisation has to abide by the quality standards which are set by government as it
provides customers with effective quality of items. It has bad impact on organisation as several
laws related to it have to be followed and without it, functioning may not possible as a result,
standards have to be followed by them.
Impact of these regulations and standards are that business has to abide by rules so that it
may operate legally in the market.
SECTION 3 – Legal solutions to business problems
(P4) Outline legal solutions for problems
Under the Employment rights act 1996 which is regulated in UK and give the right to all
the employees and worker or labours entailing them in having the right over their job. No
employer or supervisor can terminate the job of any person who is the part of the organisation on
unfair basis (Devine and et.al, 2017). The unfair dismissal in UK is also the part of the
Employment Right Act 1996 which will be requiring them in giving free and fair chance of
defending their case and not giving the right to employer to terminate the job of person without
giving them free and fair chance to justify their case. In the first case of Calvin where he was
dismissed from his employment by his boss Donna on unfair and wrongful dismissal. When she
checked and found that the petty cash box was having the shortage of about £100 so without
investigating the whole event she dismissed him. As she saw that Calvin was behaving in the
suspicious manner and £100 was missing she thought that Calvin had done the theft without
asking anyone else as there were 4 other employees who were present. Calvin was employed at
the fashion house for past 4 years and just he was acting suspiciously and money was missing he
was fired from his job. So in this case Calvin can file a case against his employer Donna for the
unfair and wrongful dismissal under Employment Rights Act 1996. He can claim for either the
compensation or getting his job back.
As in the second case of Dan and fire insurance company where in the store of Dan fire
was occurred and then he applies for the insurance claim but the company refused to do so
(Butcher, Epps and Cleaveland, 2015). The insurance company at the time of claim asked Dan
that was any claim on an insurance policy in the last 2 years and he gave the wrong information
that there was no claim in last 2 years. But after that insurance company found that there was a
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claim which was filed 23 months ago. And this was the information which was not provided to
insurance company so the insurance company is not liable to pay to Dan. At the time of claim
there is a legal position of both insurer and claimant to disclose all material facts and information
about the event. In the insurance contract there is utmost good faith which clearly mean that all
parties in contract are under strict duty to deal fully and frankly with each other by disclosing all
the material information and facts. So it was the duty of Dan under the insurance policy to
disclose that he claimed insurance policy 23 months ago but he did not tell the insurance
company so the company by refusing to pay did right.
As such, both the business cases, fair terms of policies should be provided and given to
other party. Employee has the full right to receive legal notice as without this, it is offence
committed by employer on the ground of unfair dismissal. Moreover, Dan should have read
policy related information and as a result, contractual liability can be easily achieved.
(P5) Give justifications for business solutions
In above both cases, there are no concrete evidences that support for unlawful activities.
The fair judgement in both the cases are not relevant as victim was punished unnecessarily as he
had done no illegal or unlawful activities and also without any strong evidence that proves him
guilty. Moreover, Calvin need to sue case against Donna in accordance with terminating Calvin
without any legal notice. While in other case, Dan has to sue to insurance company as payments
were not issued by it (Tushnet, 2017). Further, these cases belong to harassment and individual
rights which are required to stop and fair judgements should be given by law so that individuals
may not exploited by the corporations.
The justification may be given for business solutions in relation to above both the cases
are as follows:
Employee compensation- Employees must be compensated in the event of any incident
happened in the workplace. It is the responsibility of employers and of organisation to make
ensure that employees may be given adequate safety in the workplace and if any injury occurs,
then he should be fairly compensated. It is implied that adequate remuneration should be
provided to employees and as a result, compensation may be given to him (Law library).
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Legal defence- It is applied to employees and even company. In this case, employee has
been harassed and as a result, legal defence is applicable to it for fair justice. Employees may be
protected against any false allegations which are charged to them by employers which may be
seen in the above case as employer falsely alleged employee that he is the thief. As such, legal;
defence provides legal support to employees.
Compliance & regulation- The organisation should abide by the laws which are governed
by the system to perform the duties and working effectively. Compliance is important as
organisation needs to adhere to several laws to achieve tasks effectually. Also, it is required that
company should respect the rules enacted by government to run effectively in the market.
Moreover, in the case of Dan insurance company is bound to give payments to him as he has
suffered loss. It is required that company follows the rules so that people are not being fooled by
them. As a result, sticking to various laws and policies organisation becomes legally effective
and can run its operations nicely.
These business solutions should be made by companies so that they may carry operations
with much ease as they are legally imbibed by the law.
(M3) Discuss positive and negative impacts of legal solutions
Communication is effective tool and as such, company imparts goods to customers as a
result, it has a positive impact on organisation as it fulfils social responsibility
effectually(Swanson and Frederick, 2016). Moreover, employee compensation and legal defence
has a positive impact on it. The business solutions provide legal help to organisation as through
this it gets legal support in the event of any incidents happens in the workplace. Legal framework
provides scope for company so that it may perform operational activities with much ease.
However, negative impact is that it has to abide various quality standards and moreover,
has to follow with the laws for effective working. If organisation does not follow the rules, then
it may endanger existence. Moreover, complying with such laws affects and limits its
functioning and working effectively. Complying with laws and standards limits organisations
and as such, revenue is reduced as well. It has to incur additional costs to comply with rules and
quality standards.
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SECTION 4 - Recommending appropriate legal solutions based upon
alternative legal advice
(P6) Discuss concept and of using Alternative Dispute Resolution process and recommendation
The Alternative Dispute Resolution process is the settlement process between two parties
who are having some legal issue with each other so they can collectively solve their problem
with or without the help of third party (Kalyvas, 2018). This system is prevailing in many
countries of world which help the two parties in solving their problem or conflict without going
through the full procedure of court or legal system. There is no litigation or no cost will be
occurring for the part in going to court rather they can resolve the issue with the collective
decision making. There are several benefits of the system of Alternative Dispute Resolution
which are as follows:
Lower cost- this is the main benefit as no or less cost is occurred during the process of ADR for
both the parties. The cost of hiring a lawyer or going to court on every hiring will be saved.
Speed of settlement- the case will be solved faster than that to court as they will be taking more
time in the settlement and ADR can solve the case in less time.
Choice of parties- as the decision will be based on the mutual understanding between all parties
so the decision will likely be the choice of all parties who are involved in case.
So in the case between Antwon and Tyrell the best solution is ADR. They both can solve
their conflict with the mutual understanding y not going to any legal proceeding. They both are
likely to establish relationships and as such, beneficial for two of them so they can follow the
path of ADR system. They can resolve this conflict and move on with their other business
concern (Jones and Sufrin, 2016). This is the best way in resolving the conflict between them
both as they both are not in favour to break the working relationships between both and looking
forward to work with each other. And the other recommendation will be going till court and then
resolving the case with then legal preceding which will be too costly and time consuming for
them both. Antwon and Tyrell can solve disputes of business relationship with the help of this
process with the help of mediators and concrete outcome may be achieved and dispute can be
solevd in the cheapest and fast manner.
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(M4) Compare the effectiveness of two different recommendations
Business solutions is primary tool to achieve goals by complying with legal solutions.
But it should not give any negative impact to it. Both the two recommendation for the case of
Antwon and Tyrell can be the method of solving the conflict or problem between them both. But
the most suitable would be that of ADR which can give the access to them on their case and they
can mutually make decision by coming onto an agreement. On the other hand the conflict solving
act of going to court will be costly and time consuming for both the parties and the final decision
of court whether in favour of both need to be followed at any cost. Mediation and arbitration can
be used to resolve the dispute with much ease.
CONCLUSION
Hereby it can be concluded that organisation has to follow laws and regulations which are
governed by authority. If they do not follow the rules, it may lend itself to serious problems or in
intense cases even may be forcefully liquidated by the law. As a result, laws are governed to
provide legal implication to organisation so that it may effectively work in the market and that
too with legal permission. It will be able to function well by complying with various laws. Also,
legal defence and statutory license is also available to it and organisation can perform duties
effectually. Complying the provisions of laws provide organisation, legal permission to
accomplish day to day activities with much ease. Laws and rules must be followed by the
organisation so that it may be able to achieve objectives with much ease. Further, it may be
concluded that organisation should provide all the benefits and help to employees as it is their
right to access all those benefits, if any incident happens inside workplace.
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REFERENCES
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Beatty, J. F., Samuelson, S. S. and Abril, P. S., 2018. Business law and the legal environment.
Cengage Learning.
Besley, T., 2015. Law, regulation, and the business climate: The nature and influence of the
World Bank Doing Business project. Journal of Economic Perspectives. 29(3).
pp.99-120.
Blount, J. and Nunley, P., 2015. Social Enterprise, Corporate Objectives, and the Corporate
Governance Narrative.American Business Law Journal. 52(2). pp.201-254.
Butcher, C. W., Epps, K. K. and Cleaveland, M. C., 2015. Comparing business law in online and
face to face formats: A difference in student learning perception. Academy of
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Halliday, T. C. and Shaffer, G. eds., 2015. Transnational legal orders. Cambridge University
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Robson, R., 2015. A new look at benefit corporations: Game theory and game changer. American
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Swanson, D. L. and Frederick, W. C., 2016. Denial and leadership in business ethics
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Online:
Law library, 2016 [Online] Available Through: <http://law.wisc.libguides.com/c.php?
g=204332&p=3205486>
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