LAW011-1: Clean Machine Ltd - Business Law Case Study Analysis

This coursework assignment analyzes the business law issues faced by Clean Machine Limited, a company established by Gemma. The report is divided into three parts. Part 1 focuses on Gemma's role as director, including legislative provisions and the Companies Act. Part 2 examines an employment dispute involving an employee's misconduct and the legal procedures for dismissal, referencing the Working Time Regulations Act 1998 and relevant case law. Part 3 addresses a contractual issue with a supplier, exploring options for resolving the dispute and forming a new contract. The assignment demonstrates an understanding of business law principles related to director responsibilities, employment law, and contractual obligations, providing a comprehensive analysis of the case studies presented.

Course work
problem
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TABLE OF CONTENT
INTRODUCTION...........................................................................................................................3
PART 1............................................................................................................................................3
PART-2............................................................................................................................................5
PART 3............................................................................................................................................6
CONCLUSION................................................................................................................................8
REFERENCES................................................................................................................................9
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INTRODUCTION
Government formulate several laws and regulation that contribute in monitoring several
process of business so that no undue influence can be caused by company on internal and
external parties that is employees and customers. Manager is an key individuals that is
responsible for performing several task to manage employees so that they are motivated to give
their best for growth of organisation. This is assignment on the three different case study related
to company clean machine limited which is set up by Gemma. It has covered point and several
laws related to roles of directors, employment contract and contract act that will helps in
resolving key dispute and finding appropriate solutions.
PART 1
Gemma as owner of Clean Machine Limited company has to focus on legislative
provisions for enhanced business primitive role and larger scale business law development
informatively, where various legal laws shall be informatively abided and also promoted on
varied domains of efficacy profoundly. The supplier limited company’s shall follow business
supplying personal protective equipments widely for employees safety aspects and new
developed profound scope horizons, medical supplies for all employees where there shall be
conducting scenarios of legislative provisions imperatively. The role of Gemma as owner of
small business management shall imperatively follow all details fundamentally, also forms
stronger work domains effectively and bring on enlarged diversity aspects imperatively.The
companies ACT provides powers to directors to take all legal actions competently where there is
adhesive focus towards wider scale parameters and form best decisions. Directors have power to
be optimistic and accountable in all arenas for performance related growth scenarios
The sole director of manger has wide business development opportunities for using all best
vision oriented efficacy within profound growth goals and higher formation of mew enlarged
domains imperatively. There shall be strategic work goals framed as per business law where
contracts are widely stronger goals profound synergy, for more competitive performance targets
widely. It can be also analysed that as director and owner of Clean Machine Limited which
supplies small protective equipments within country of Bedfordshire, there shall be ethical
contentment of various other functional details developed as per business law within eyes of
law. There is also productive reach worked on among creative goals imperatively by Clean
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machine Limited for strengthen work goals targets and also framing effective new business
domains imperatively (EVDOKIMOVA and STEPANOVA, 2019). Promotion of informative
efficacy functional details within production scenarios shall be taken care of among employees
imperatively for forming essential developed new informative goals profoundly. It can be also
analysed that commercial strengths within leadership shall be worked on here, where Gemma as
director shall use best management skills to productively enhance its work growth goals widely.
As an SME owner, the leaders shall competently focus on working on operational
parameters by being legally developed as targets imperatively, also leverage larger new avenues
profoundly for reaching commercial strengths widely. It will enhance goodwill of business under
eye of law , also contracts with suppliers shall be conducted imperatively by using new
innovative work domains strategically. There shall be best usage of production scenarios and
bring on ethical standards productive efficacy widely and also to leverage larger goals
imperatively. There shall be larger training provided to all employees based on work growth. The
warehouse and work stations shall be kept functionally advanced among commercial work
domains on which keeping up targets formational efficacy parameters will enable business
development to be expanded among wider arenas. Gemma shall also focus on monitoring all
duties and wok goals innovations profoundly for pertaining higher scale innovation, bringing
technical growth among larger scale scenarios on which there will be active commercial efficacy
build on. It is role of director for essentially analysing details of investments that will enrich
viable goodwill productivity within new horizons and also enrich new competitive efficacy
profoundly. There shall be also full development as per the business law demands to widely
grow on keeping uniform stronger work goals target reach where leader needs to abide
imperatively on all legal requirements and also focus on innovative= business strength. There
shall be also use of best work growth targets by Gemma within business horizons on where there
is wider business scope among active diversity of law operational efficacy profoundly and also
keenly evolve on new domains imperatively (Jones, 2019).
Gemma shall be able to keenly evolve on larger work growth aspects by using keen
strength of vision oriented goals productively, use best models and frameworks for commercial
growth domains and enlarged functional approaches profoundly. As SME she holds wide scale
functional opportunity to use new work growth targets effectively and also use new innovations
imperatively.
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PART-2
In this case study Gemma has recruited or selected a new employees named as Charanjit
as a cleaner for the company i.e, Clean Machine Limited. The problem in this case study is that
Gemma found that it is regularly late toward its work and does not have positive attitude towards
its responsibilities or its relationship are not good with other individuals that are working in the
organisation. Gemma as responsible for management has informed Charanjit to work properly
and clean all areas neat and clean so that workers can easily complete their respective task (Gold,
2018). The entire problem is due to Charranjit that has forced owner to take decision to terminate
the employees for it’s misbehave or conduct in the organisation. As per the employment law
there are five main reasons that can be used by owner or employer to dismiss or terminate the
employees form the organisation. Such as misconduct behaviour of individuals, poor work
performance or ineffectively utilisation of capabilities are main reasons on the basis of which
employer can dismissal employees (How to dismiss an employee, 2019). At the same time
redundancy, statutory illegality and some other substantial reason on the basis of which
employers can easily dismissal employees form the organisation. Therefore, in order to dismissal
the employees there are following proceed those needs to be followed by Gemma which are
illustrated as below:
1. Follow disciplinary procedure: It can be stated that owner can directly terminated the
employee in case of misconduct without completing any further requirements. Gemma has
already followed disciplinary procedure by warning many times to Charranjit to improve its
attitude and work properly within organisation. Despite of that Charranjit has not improve its
attitude so Gemma can further followed other proceed to terminate it form the firm.
2. Take notes and gather evidence: One of the advices for Gemma is that it need to take notes
and gathered relevant evidence so that they can be acts as an proof for misconduct or behave of
Charranjit in the organisation.
3. Gemma needs to be ensured fair and valid reason of dismissal: It is identified in the above
case study that Gemma has decided to terminate Charranjit for its negative attitude towards other
individuals. At the same time it is always coming late to organisation and making less use of its
capabilities (Barlow and et.al., 2019).
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4. Take care not to discriminate: It is also advisable to Gemma to not discriminate with
Charranjit in any circumstances as it will lead to problem for it rather than employee. As all
individuals have equal right to take participation in different function of company. Therefore, it
is most advisable to Gemma to provide equal opportunities as well as chance to each individual.
5 Held meeting: Another suggestion for Gemma is to held a meeting in order to take final
decision to terminate Charranjit for its misconduct in the organization. In the meeting consent of
all important individuals need to be take so that correct decision can be made and legal procedure
can be followed to dismissal
5 Remind employees about their right: Gemma for fair dismissal or termination of employees
needs to first inform individuals about their right to appeal and decide a particular deadline to
which they need to complete the task or behave in particular manner if they want to work for
organisation for longer time frame.
6. Finally outcome of meeting needs to be in written: It is next steps or advices that are
suggested to Gemma to take before dismissal of employees. It needs to write the reason for
dismissal, final day of its employment and pay in lieus of notice, return of work property and
annual leave (Oliver, 2016). Thus, in this way Gemma would have written proof of all the
decision made to terminate Charranjit for the enterprise. So, it will outline all guideline or
ground or basis on which employees is dismissed.
7. Communicate other employees: At last it can be stated that Gemma needs to communicate
the all scenario to other employees that are working in the firm so that they can be aware that it is
not fault of company rather it is mistake of Charranjit itself. Thus, it will helps other employees
know that company followed strict and quick action against individuals that does not behave in
better manner or make ineffectively utilisation of their capabilities.
Therefore it can be stated that all these are general steps that needs to be followed by
Gemma to legally terminate Charranjit from the enterprise. Yes, through all this procedure
Gemma lawfully dismissed Charranjit and can effectively promote its business operation.
The Working Time Regulations Act, 1998, can be stated as the relevant law in this case
where the act clearly states the minimum and maximum time for which an employee should
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work in the organization. this act also includes the work timings and the rules related to daily
reporting and daily working hours which every employee has to adhere to compulsorily.
As per the case of Harlow vs. Artemis International Corp Ltd (2008), the claimant Mr. Harlow,
demanded an extra amount over the statutory claims stating that it was organizations policy
under Enhanced Redundancy Policy. However the defendant i.e. employer Artemis claimed that
the entire claim was false because the Staff Handbook clearly stated policies regarding the claims
that could be made by the employees and these do not fall in accordance with the demand for
extra claim made by Mr. Harlow. In the end, it was concluded that Mr. Harlow could not
substantiate their claim related to such entitlement and hence was not given any claim.
This case law can be used to interpret that any employee cannot misconstrue the rules and
regulations that have already been implemented by the organization and in the current case as
well, as Gemma observed, Charanjit is coming late to office regularly which is in direct contrast
to the rules related to office timings. Therefore, Charanjit can be held responsible here entirely
by Gemma.
PART 3
Gemas contract with Precious Time Limited company has been found to be in problem
recently where the suppliers contract for materials to Clean machine limited have been unable to
serve all legal liabilities actively. Gema contract with Precious Limited company shall further
focus on using business law fundamentals strategically stringently for gaining functional
diversity vividly and also leverage new domains of efficacy where all legal contents shall be
followed. As per Gemma the Precious time limited has been unable to adhere to various essential
structural details within law domains demanded by the corporate business law. As Gemma would
like to continue working with Precious time limited company within future their is wide scope
for using business strategies to evolve on taking informative decisions for new contract
formation between them. It can be analysed that Gemama has 2 major options on this note where
she will be able to resolve disputes with Precious Time Limited and keep continuing working
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with them. A new contract with suppliers will enable business law to be innovatively formed by
keeping all potential details in mind, use functional scale horizons for wider scale determining
avenues and also harness creative goals profoundly (Bhagat and Bolton, 2019).
The mutual contract between both parties shall be formed new where there shall be clear
guidelines set by them for effective outputs, also legally they should abide by all perspectives for
technical efficacy on longer run. Precious time limited will be able to pertain higher scale
profound goals actively by taking strict steps for abiding with all supply factors within business
law contract. It shall also focus ideally to convey all legal aspects and get detailed avenues of all
potential domains to maintain functional contract on good aspects, Gemma shall also further
focus on formation of business law contracts widely based on new aspects of law , where
stakeholders shall actively focus on using best strategies to keep all business law transparency
for stronger goodwill framework. There can be another option where Gemma can take Precious
Time Limited to court in case of larger inappropriate behaviours and also keenly it will enable
business development with higher growth domain strategically. If Gemma takes legal action and
sue Precious Time limited there will be complete shutdown of legal business contract between
them. And by focusing on adherence of various legal facts and establishing fundamental new
contract between them they will be able to enhance its business developed strategic view actively
(Bowden, 2019). A contract is a legally binding promise (written or oral) by one party to fulfil an
obligation to another party in return for consideration. A basic binding contract must comprise
four key elements: offer, acceptance, consideration and intent to create legal relations. Contract
Law in the UK is legislated through the Sale and Supply of Goods Act which provides for
protection of the seller and the buyer.
Gemma shall also actively make it clear to Precious time limited company for informative ethical
business standards which both parties shall effectively follow for legal business development and
also make it essential under eye of law for keeping in mind all legal supply factors to develop
best working operational innovation actively. Gemma shall use legal business law for
development of suppliers contract and keep monitoring Precious time limited reach follow all
factors mentioned within contract. It will enable business to frame higher specific working goals
innovation further and also productively harness larger scale productivity wider for commercial
growth efficacy operational growth. It can be also analysed strategically that both parties shall
be adhering all legal aspects with commercial efficacy and cooperation strategically, also to
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primitively focus on availing higher scale profound strengths. Gemma will be also able to
indulge on future operations with supply chain management by Precious Time limited for
developed new growth goals and also imperatively focus on business law development, also to
primitively engage on commercial growth targets within commercial business law. It will be
widely essential for company to be viably responsible for new developed goals efficacy which
will promote goals widely, on keen parameters impact fully (Cairney and et.al., 2019).
CONCLUSION
It can be concluded from above report that manager is responsible for performing several
functions so it need to followed procedure and laws in order to promote smooth operation of
business. In the above case study it has been learnt that Gemma as a director of company have
many roles and responsibilities to be performed so that company can enjoy high profit margin.
At the same time it can be illustrated that contract act also helped in resolving conflict between
Gemma with precious time limited company. Therefore, laws are made for smooth operation of
enterprise so manager needs to abide to all of them for benefit of organisation.
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REFERENCES
Books and journals
Barlow, P and et.al., 2019. Employment relations and dismissal regulations: Does employment
legislation protect the health of workers?. Social Policy & Administration, 53(7).
pp.939-957.
Bhagat, S. and Bolton, B., 2019. Corporate governance and firm performance: The
sequel. Journal of Corporate Finance, 58, pp.142-168.
Bowden, M.M., 2019. The Professor Anthony J. Santoro Business Law Lecture Series Presents
Becoming A Valued Business Lawyer.
Cairney, P and et.al., 2019. How to conceptualise energy law and policy for an interdisciplinary
audience: The case of post-Brexit UK. Energy Policy. 129. pp.459-466.
EVDOKIMOVA, A. and STEPANOVA, Z., 2019. TYPES AND ELEMENTS OF THE
CONTRACT IN ENGLISH LAW. In We speak Legal English, German, French,
Spanish… (pp. 231-232).
Gold, M. E., 2018. An Introduction to Labor and Employment Law.
Jones, L., 2019. Introduction to business law. Oxford University Press, USA.
Oliver, L., 2016. Summary dismissal. In Encyclopedia of Human Resource Management.
Edward Elgar Publishing Limited.
Patel, A. and Mohamed, Z., 2018. How to deal with employee risk effectively: employment
law. Without Prejudice, 18(11). pp.6-7.
Online
How to dismiss an employee, 2019, [Online] Available through: < https://citrushr.com/blog/hr-
headaches/dismiss-employee/ >.
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