Business Law Report: UK Business Law, Cases, and Operational Analysis

This report provides an in-depth analysis of business law, focusing on the legal framework governing business operations in the UK. It covers various aspects, including legislation, the roles of government and parliament in law-making, and specific legal obligations such as the Occupational Safety and Health Act of 1974, compensation to labor, and equal opportunities. The report examines several case studies, including those related to employment law, health and safety, and unfair dismissal, highlighting the importance of adhering to legal requirements to avoid penalties. It also discusses challenges that businesses face and strategies to mitigate such situations. The report emphasizes the significance of following recruitment patterns, maintaining employee rights, and ensuring a safe and fair work environment. Overall, the report offers a comprehensive overview of business law principles and their practical implications.

Business Law
IOAN CATALIN SAGAU
ID:14590

Table of Contents
INTRODUCTION...........................................................................................................................3
SECTION 1......................................................................................................................................3
P1:...........................................................................................................................................3
P2: ..........................................................................................................................................5
SECTION 2......................................................................................................................................6
P3: (a) ....................................................................................................................................6
B): ..........................................................................................................................................7
SECTION 3......................................................................................................................................8
P4:...........................................................................................................................................8
P5:...........................................................................................................................................9
SECTION 4......................................................................................................................................9
P6: a) ......................................................................................................................................9
B): ........................................................................................................................................11
CONCLUSION .............................................................................................................................11
REFERENCES..............................................................................................................................12

INTRODUCTION
Business law include all of laws that prescribe the manner in which business will be
conducted. It is based on various laws that govern how to run, purchase, manage and close or sell
any type of business. It comprises of various rules that every business concern should follow. It
delivers a stimulating learning experience for that are being carried by business organization. It
summaries certain rules and regulations that are established by the government (Kinicki and
Kreitner, 2012). Under this project report various cases are being mentioned to carry out an
operational analysis based on Legal English structure. Different types of acts are being used in
order to make appropriate decision-making to bring out a desire outcome from the cases. Other
aspect of this report is based on several challenges that originate in businesses and techniques to
reduce those situation.
SECTION 1
P1:
A system which is based on various rules and regulations is known as legislation. they are
in relation to an individual in which the fines and penalties will be imposed on them. Laws are
based on code of conduct which every business enterprise have to follow during functioning of
business operations. Every business whether small or large are guided or controlled by regulatory
bodies and no other institution or people have the power to breach those rules and polices that
being introduced by government. It is also responsible for those circumstances that look after
those situation in which a violation is identified and in that case government will have the right
to take strict action against them.
A appropriate legal structure is being designed by the company to formulate proper laws
in relation to concerned department (Mann, Roberts and, 2011). Right and responsibilities of
individuals and other parties are properly communicated to each and every department so that a
strong and effective planning system should be developed. It is related with civil, democratic,
legal and religious laws. A country has its own structure which every citizen of that particular
country has to follow those structure by complying with certain laws and regulation.
English law system is based on common principle which is operated by government of
UK that are associated with criminal and civil laws. Common laws are derived from the
judgements of past cases. Like for example, if a person does a murder it is said to be common

law crime and not that the one that is established by any of the laws or act of parliament. For this
it does not require any kind of codification related to English laws because these are made by
civil or higher authorities of juries in supreme as well as high court. Judgements on the base of
past cases are done under this (Cameron, 2017). Below mentioned verdict are required to be
implemented or follow various rules and guidelines provided by higher bodies. It is separated
into different categories like criminal and civil. Some sources are:
 Common laws: It is that part of English law that is derived from custom and judicial
precedents rather than statutes. It has been observed that laws are made in course of time
by using the verdict of court. It is that law which is developed in England that is based on
customs and precedents, that are unwritten in code and constitution of legal system.
 European law: Law is a body of written agreement, and court judgement which is
operated as legal system on members of European union.
 Statutory laws: These are said to be those which are enacted by the government. It is
prescribed by enforcement authority and other separate act created after court’s
judgement.
(Source:- Structure of English court, 2017)
Instead of this various sources of laws means origin of various laws which are mentioned
below :-
Illustration 1: Hierarchical structure of English court

 Birth of civil law:- Enforced by legal bodies of UK parliament and other uplift
parliaments.
 Criminal law:- Based on only criminal cases by following necessary rules and regulation
amended by court of law.
P2:
Government and parliament are playing an important role in making certain laws and
regulations. In relation to laws such kind of powers and rights are governed by either parliament
or controlling bodies. If any kind of policies are introduced by the government in relation to
enacting of laws then proper evaluation is required in detail manner that whether this law is
required under present control of government. If any kind of problem arises under this situation
then it will be huge issue which will be explained among different groups and other interested
people so that their view and suggestions can be known. Under this process it is summarised as
the important aspects of business acts must included in it. Each information collected should be
represented on green paper at the beginning phase and the identical is conferred in the parliament
on which broad discussions are made in relation to it so that some serious actions can be done
and decision in relation to those papers can be taken. Some of the important decisions taken in
this respect are:
First reading: The first phase, a hard copy of document that consist of various concept
and regulation are handed over to the law maker. at that point of time it will be circulated among
each and every member who are involved in decision making (Haapio and Siedel, 2010).
Second phase of reading: next stage is to prepare a draft and deliver so that proceeding
can be started and discussion can be carried out to understand them.
Committee stages: after making analysis, implementation request is prepared by the
committee and other authority will be asked to follow it. After making complete evaluation of
document the most appropriate decision-making is done in that respect.
Third Stages: Under this stage all analysis and scrutiny of bill that are presented in
parliament will be done so that decision making can be done and various conclusion can be
drawn. After getting approval from each department it is made into action.

SECTION 2
P3: (a)
There are various acts which are related to business that are faced by every department
and its managers. Such information are communicated with concern managers. It is an important
aspect that follows certain guidelines as well as controls that are concern with employees right.
Some of the legal commitments that are explained underneath:
Occupational safety and health act, 1974: It refers as federal laws that are related with
activity well-being and safety in privates as well as Union government in UK. As it was
established in 1970 and it was signed in 29 December 1970. The main objective of this act is to
provide protection to employees with various calamities like hazards, huge level of noise, danger
like mechanical and unsanitary situations (Posner, 2014). It is based on certain laws and
obligations to manager in relation to creating healthy and safe environment at workplace. As
because if employees are feel safe working condition then productivity and growth can
automatically achieved.
Compensation to labour: It is said to be benefits that are provided to worker in relation
to their work efficiency and performance ability. According to 'payment of wages Act, 1948' it
consist of various wages benefit and allowances those are available for those employee's who
got harm during performing their job at other places. In relation to compulsory ending employees
has the right against other employers conducting any kind of carelessness and mistake. So as per
'compensation act, 1923' it should be constructed which are carry large possibilities of actions
and compensation fine is charged by the company (DiMatteo, 2010). Every staffs members need
to record compensation related record so that at any time they can be utilised by using its powers
(Law and Business. 2017). According to this law an organization need to compensate their
labours on the basis of their performance for maintaining their positive relations with higher
authority.
Equal opportunities: It was formulated on 2010 under this act discrimination in relation
with provision of training and development and employment to protect certain characteristics
like age, gender reassignment, marriage and civil cooperation, race religion and sex etc. these are
related with day to day life of worker that are possess at workplace. At many point of time
various disaffection is created among employees directly or indirectly to protect labour form
getting affected.

Harassment: It is said to be discrimination that are observed at workplace. It can be
related with situation like race, culture, sex, and cast etc. Management is playing important role
as a part because they are responsible for providing better environment to employees so that they
can perform there task in most appropriate manner.
Employment laws is framed in order to protect the rights of the employees and covers
about all the leading aspects of the employer and employee relationship. It is necessary to cop up
with the rules and regulations if they have to avoid high cost employment tribunals and
proceeding. It is mainly consist of employment contracts and situations, the treatment of
employees, pay and working hours and time off works and many other conditions. Employments
laws affects are more particular problems like bullying and harassment, Equal pay, age
discrimination and various laws which are related which are based on company performances.
B):
In the business concern it is important to follow proper recruitment pattern. In making
appropriate decision they are required to follow effective rules and regulation so that chance of
mistake can be reduce in coming time. In the context of employment different aspects are to be
keep into consideration such as safety and protection right, equality and minimum wage rate and
age related criteria those are carried by people after getting at certain job place. Under this
mentioned situation placement and selection team of company appointed a girl 16 years of age is
mentioned under the case. Because of this situation it is said to be fault as law a employing
individual persons at minimum age limit is said to be legal protected. Strict action can be taken
against the person who has appointed her on the job. Coming to the situation as legal obligation
it is said to be carelessness of people and employees those are having problem with that girl
(Crane and Matten, 2016). There are so many people present at that point of time when this kind
of mishap happen and because of this that girl have not provided any kind of early responses.
Health and safety act, 1974 is broken under this situation. There are two person would
have to take social control of healthcare and safety problems of their concern employer so that
they are able to reduce different damages that are done to them. They have certain
responsibilities which are related to safety prospective can be resolve through applying various
tools and techniques that to protect them and provide full support at any point of time.

SECTION 3
P4:
In mentioned case study that as a employee Calvin working as a designer since last four
year. As under this case he is found to be accused of a thief issues of £100 was missing which is
pointed on him because of any valid justification (Foss and Knudsen, 2013). But it has seen that
there are other three member available their but only Calvin is found victim of that particular
incident. Without calculating any cause it can't be asked that only Calvin is culprit. So it become
a situation of unfair dismissal superior employer has taken advantage of his designation because
they are not considering Calvin point. As per the mentioned rule and regulation regarding these
kind of situation no employee can be treated as mentioned under above case without having
absence of evidence.
Proper investigation is to be done before making any kind of decision. Any employee can be
terminated from his duties that need to be follow proper process and to analyse a valid cause to
fire Calvin.
Under the second case it has been observed that because of occurrence of fire store was
completely destroyed which come out to be big loss to Kevin father. After facing all the situation
they has decided to open new store and took claims without knowing that it is already liable a
claim of insurances against the same store (Smith and Malloy, 2013). By seen this situation the
company has refuse to pay any compensation amount to them. Kevin father has already have a
compensation amount against their losses. After evaluation of every cases situation certain
suggestion is being provided after enforceable by applying certain law that will help to overcome
those mistake.
Legal solution for the termination of a contract: Under this case a termination clauses
and at similar laws are made. It considers as that contracts that can be terminated by give valid
notice under a implied term.
Liquidation is mainly tends to end of the line of a company, which results in the closure of the
company business by selling its assets. One of the most important issues that causes bad cash
flow is the problems of getting paid and larger the company is facing the issues of getting
delayed payments.

P5:
After analysis of above mentioned case studies there are various laws were applied in
every case like in first case it was found as unfair means because without knowing a valid
justification on Calvin situation they have fired him. It would be said to be very tough action
taken by owner of the company that's why it is said to be unfair means. The proper ways should
be conducted before taking any action like to identify proper evaluation and justification system
should be followed to know Calvin view. So Calvin will have the right to prove himself by
providing a strong reason on that particular matter (Kitagawa, 2016). It has been observed that
persons is being facing discrimination because of actions taken against him. To correct this
issues management need to evaluate solid reason and Calvin once again have to make certain
decision to make it a valid one.
In other case of Kevin father the time duration is not mentioned which is the major
demerit of that particular case study which is indicating time limitation act that are implied to
bring certain right those are used by company polices as diseased person has the power to ask
compensation claim on time they required to it.
Justification for the legal solutions
In the business concern with the increasing awareness of the serious adverse results have
made a perfect impact on the disclosure of their data. The companies are litigating to exchange
the information with its competitors. The court and the antitrust departments are set up to analyse
those information of which are the main reason of legal impact over the businesses. It will be
helpful for developing industry standards and allow growth opportunities in legal terms. The
unfair means of cases need to be evaluate before making any concern decision.
SECTION 4
P6: a)
Absolute dispute resolution is a techniques to solve out disputes outside the courtroom. It
is based on impersonal evaluation, negotiation and conciliation and arbitration process which are
used by company to solve disputes. It said to be the most important mode to solve dispute in
legal format. These mode are very identical and dominant as they are used in appropriate ways
and on it. Under this process arbitration methods are being use because it provide most accurate

and quick results (Robson, 2010). A person who is said to arbitrator are being appointed to
discuss the matter and solve difficulty of employees those are facing problems in most critical
situations. All main information and data is being opened in front of arbitrator to evaluate some
conclusion in initial stage. There are some of the important areas like trade contract, relationship
and other related situation those are affecting customer conflicts. On the basis of that analysis
certain decision making is being done by the arbitrator as third party. Some of the various
benefits are:
It takes less time: As per this concept, the work related dispute are get resolved in very
quick time period. As by using this method, it can be helpful of management to control and
manage their time more effectively (Johnson, 2013). This increase the possibilities of survival in
more long term process.
It will help in building co-operative negotiation: Under this situation both side of parties
are come together and interact with each other to make a useful negotiation among them. By
using this condition both interest are fulfilled and their problems are also being resolved without
going to any court. Under this method a agent is being appointed to overcome the dispute of
parties.
Neutrality: By using the ADR process, issues can easily be solved with the help of third
party interactions which do not have any kind support ether of the concern party. This process is
more useful as chance of partiality is reduce and more appropriate judgement can be come out
(Bishara, 2011). A person known as arbitrator are selected by mutual discussion from both
parties so that no body interest should affected. Those person who don't have the knowledge of
law can use it into their business as they get more benefit from this decision and those who not
want to get involve such kind of legal situations.
Privacy: In this process discussion of matter are kept very confidential and do not
disclose it in front of other member. Like for example in court room judgement are kept as more
confidential so that future assistance should be taken from this process. Because of this suitable
and most appropriate decision can be made out and without disclosing it to other can protect the
person as well as it judgement can help them in future time.
Flexible outcome: In this context, all those parties who are engaged under this situation
are interact face to face with each other. So that they have the right to present their view point in

order to drawn a proper solution. However, they fixed a time for hearing as per their own wish
that are in favour of them as they feel more suitable (Hammond, 2012).
Cost of litigation is eliminated: It has been observed that if both the parties deal with
legal ways a critical kind of situation is created that are being carried out. Under this case they
have to pay more amount for every proceeding which make extra cost for parties. If the court
charges less fee for the date under that situation it can also be economical.
It help to protect energy of those who are involved under cases: Positive outcome can
only be drawn out on time and less energy if the case are to strong and have solid evidence. Their
is no need to present it into jury and face a analysable nature of court.
B):
In the present scenario of related cases it display various dispute that are being arises
among parties those who are having strong relationship in previous time (Spalding, 2011). It has
been seen that Antwon and Tyroll was working as a team since so many year. So after facing
such kind of situation they are decided to go with ADR process because analysing of its
advantages that they are getting after the selection. By using the process both of them can
maintain their relationship and proper positive results can be gettered in future time period.
According to case study of Antwon and Tyrell both are facing organizational obstacles
from number of days for resolving their problems. Therefore under this circumstances they might
go and find a mediator for resolving their issues. According to arbitration strategy they will find
appropriate solution in minimum time period.
CONCLUSION
From above conclusion it has been concluded that business laws are most appropriate
aspect of any business concern to solve their business problems and manage it in proper manner.
Under this project legal law system are explained with its advantage to the business. Other things
are legal obligation that arise in business and how they can be overcome. Likewise, some cases
are mentioned that are solved nicely by applying laws and last ADR process is being used to
solve various disputes those are arises under the concern.

REFERENCES
Books and Journals: