EBSM: Legal Framework and Solutions for Business Operations

This report examines the legal framework and legal solutions applicable to businesses operating in the UK, with a specific focus on the English legal system. It explores various sources of law, including statutory law, common law, and EU law, emphasizing their importance for business compliance and...Read More

The legal framework and legal solution

Table of Contents
INTRODUCTION...........................................................................................................................1
TASK 1............................................................................................................................................1
P1 Explains the different sources of law that the organisation needs to comply with. ..............1
P2 Explaining the role of government in making the laws and also explains the statutory and
common law are applied in the courts. .......................................................................................2
TASK 2 ...........................................................................................................................................3
P3 How contract law and employment law impact on business practises. ................................3
TASK 3 ...........................................................................................................................................4
P4 Suggest appropriate solutions for a range of business problems...........................................4
P5 Provide justification and appropriate legal solution..............................................................5
TASK 4 ...........................................................................................................................................5
P6 Recommendation on given solution based upon Alternative advice provided......................5
CONCLUSION ...............................................................................................................................6

INTRODUCTION
Business legal system in the country helps to maintain the proper discipline level in the
country. Every new start-up and business owner should adopt all required legislation and process
to maintain the effective working environment. Present report based on legal framework and
legal solutions for the business organisation in order to ensure social welfare and employees
empowerment. This scenario will discuss about the English legal system which is implemented
in UK and their different types of sources. Furthermore, it will explain about the different
legislation and obligation of employer towards their employees will also explain. Besides, it will
discuss about the European law and common and civil law which is important for the company
to be followed at the time of start-up. To start the new management school in London EBSM
needs to adopt all legal legislation and laws, it helps the company to secure its business from
government actions. Furthermore, it will explain the role and importance of government in
making of laws.
TASK 1
P1 Explains the different sources of law that the organisation needs to comply with.
English law in imposed in UK, which is mandatory for the UK companies to abide for
smooth functioning of the organisation. This also helps company to maintain the good image in
front of the government. This law helps to give justice to the fair party, from the unfair practises.
It also creates some human rights through which they can protect itself from the fraud
organisations (Beatty, Samuelson and Abril, 2018). It makes environment safe and disciplined.
This English law system adopted by many countries such as USA, Canada, Australia and New
Zealand. This legal system evolving the history dating from the local customs of Anglo-Saxons.
This includes to laws criminal law and civil law. The criminal law concerned with the offences
against the society which crimes are very large. Government takes strict action against criminals
and give them punishments (Blanpain, and Bisom-Rapp, 2014). On the other side civil law this
law emphasis on the employment law in which government protect the interest of consumers,
suppliers and employees and helps to settle the disputes between the parties. It also provides
consumer and human rights through which victim can easily file the case against culprit. There
are non statutory civil law in which includes nuisance, trespass, defamation and any breach of
contract. There are some sources of law mention below.
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Statutory Laws: this law is the significant law sources of UK parliament. This law
includes contract, insurance, health and safety etc. it is the sources reform since the 17th century.
This law is already have been mentioned and written in the structure (Burman, 2014).
Common Law: this common law is the other source of law in which all cases is solved
by the tribunals and judges. This regulatory this law has been made for the English legal stytstem
Law from EU: This law is made for the English people of EU. These laws help
organisation or new business to adopt fair practises and maintain ethical environment in the
business which helps to run the smooth function at the workplace. This law helps to ensure the
legal environment with fair practises with customers and employees. It includes many laws and
legal regulations for business entity, no one has right to get hurt to someone.
Jurisprudence: this sources of law is explains the and helps to development of new
laws. It makes overall it includes human and civil rights etc., this helps to know the human rights
which is very important to reduce the wrong practises (Cheeseman and Garvey, 2014).
P2 Explaining the role of government in making the laws and also explains the statutory and
common law are applied in the courts.
The role of government in making the law is very important and necessary, every
parliament bill and legal legislations act does not pass without the permission of government. For
making any law and parliament bills higher authorities and parties should adopt some stages and
process to pass the bill or any law (Clarkson, Miller and Cross, 2014). It requires long process
and then take final approval from the government. It provides the favourable reception on the bill
and then laws are made and imposed on the people. Before making laws higher authorities take
meeting and discuss its advantages and disadvantages of laws and overall impact of that laws on
the people. Then pass the documents for the approval from the government. The main aim of
government is to control the corruption and malpractices with the humans. There has been no
law passed without the permission of law. No one can amend and changes without the
permission of government (Craven, 2016).
Application of Statutory and common laws in the justice court.
Common Law is developed on the basis of preceding rulings by judges whereas
statuary law has been passed by legislature and government. Those has been adopted by the
consumers or society. Common law have two types in first where judges are passed new laws
and second is where judges interpret existing laws and make new boundaries statutory laws are
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those laws which passed by the various government agencies of the country (Dau-Schmidt,
Finkin and Covington, 2016). There are two laws which passes the statutory laws that is federal
and state government. This new laws are made on the basis of current needs and which full fill
the needs of citizens. It makes overall development of the country and helps to resolve the
conflicts between the parties to ensure healthy environment.
TASK 2
P3 How contract law and employment law impact on business practises.
Employment law is the crucial law which is mandatory for the company to adopt and
ensure the healthy and safe environment for the employees, employment laws includes the
several rules and regulations which protect the rights of employees, there are some obligations of
employer towards their employees which is required in the organisation as per the employment
law (Farhang, Kastellec and Wawro, 2015). On the basis of employment law 1996 act of
parliament passed by the conservative government it includes some legal obligations of employer
to maintain in the business practises.
 Workers Health and Safety: Worker health and safety is the first responsibility of
employer towards their employees, company needs to adopt safety and precautions needs
to safe the environment of the organisation. This process assists and give new business
opportunity and growth from satisfied the employees. As per the legal amendment act
2011 employer needs to ensure the safety and health precautions company needs to make
changes and arrange some safety precautions for employees, it helps to increase the
employees' trust and confidences level for company. It the important obligation of
employer.
 Equal opportunity: every organisation or business should provide equal opportunities
for their employees without any discrimination among workers. It is the obligation of
employer to ensure that no one can adopt this discrimination practices with employees.
 Harassment: it is big offence and crime in the regulations. Business should remove this
happened in the organisation. Otherwise, government take strict action against those
fraud businesses (Jones, 2017). It makes negative environment in the workplace due to
which employees feel demotivated, As per the English laws, it is the reasonability of
employer to ensure the management and check employees welfare and make sure that
these things never going to be happened (Lareau and et.al, 2016). As per the harassment
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act 1997 company needs to follow all implication and code of conduct in the organisation
practises.
 Fair compensation: Every employee have rights to claim the company for compensation
due to any loss. Employer has to provide compensation and medical facilities to their
employees to protect their life. For that, many business organisation make the contact
with insurance companies and provide medical facilities to workers. Otherwise, it gives
negative impact on the business practises (Miller, 2015).
Contract Law:
Contract law is made between the parties on the basis of concern of the parties. Contract
law is also known as commercial law which is mandatory for the organisation to be followed
while entering into contract. It makes management environment more strong and free from
unethical practises. Any breach of law may give negative impact on the business. For that, it is
necessary for the organisation to adopt legal practises like company cannot hire employees who
is under age or below 18 years age of individuals. Overall it makes negative impact on the
business organisation in that case they liable to face the government decision against breach of
contract. Parties should abide the rules and restrictions which is mentioned in the contract law.
Otherwise contract will be breach and void (Sprague, 2016).
TASK 3
P4 Suggest appropriate solutions for a range of business problems.
Every organisation adopts some legal solutions and legal rights which is imposed by the
government bodies, there are some situations will occur in the organisation which impact
negatively on the business practises to solve those business problems company needs to follow
some guidelines. Like in the organisation employer cannot terminate any employee without any
offence and proper investigation. Employer should adopt proper investigation and get all proof
against the employee than give notice for termination. Without given one month notice employer
cannot terminate any employee or worker. If they do they have to face some negative impacts on
their business (Cheeseman and Garvey, 2014). In that case employees has rights to file the case
against employer. Besides, another situation may arise due to having the unsafe environment at
the workplace which is not safe and secure for employees health, for that company needs adopt
proper working environment and keep safety needs on first priority. In case any employee get
injured and hurt in the working place due to improper arrangement. In that case employer is fully
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responsible to pay all medical and additional expensed of thee employee. Otherwise, employee
can sue the company. Overall employer should follow all safety ans healthy needs of employees.
It makes business practises smooth and efficiently. Furthermore, another problem of business is
to provide insurance policies for employee safety. Along with that it overall protects the
employee morale (Lareau and et.al, 2016). Although employees protection is the most
important thing which has to be in business activities it makes environment more healthy and
safe through which organisation can run their functions in smooth manner. By adopting fair
environment and business policies employees turnover will get reduce and make strong
management team.
P5 Provide justification and appropriate legal solution
All the problems was discussed above is related to the employee safety and health. All
the legal solution. Overall it can be concluded that business should adopt all employment and
contract law code of conduct which provides guidelines and set structure to ensure the correct
activities (Sprague, 2016). It provides healthy and safe environment at the workplace. All the
legal solution are explains the actual meaning of laws which helps to protect the employee
empowerment. Employment and contract law is the most important laws which is made for the
business organisation to maintain ethical environment (Miller, 2015). On the other side it is the
duty of employee to provide all right information to the company at the time of any filling of
form. In case of any wrong information company fails to pay the compensation amount. Overall
it is the duty of both the partiers to obey the legal laws as per the code of conduct.
TASK 4
P6 Recommendation on given solution based upon Alternative advice provided.
ADR is defines as an Alternate Dispute Resolution process. It includes several techniques
and methods which is taken by the business organisation. These techniques and methods doesn't
involve any government interferences. This alternative methods help to resolve the disputes
between the parties with effective solution (Clarkson, Miller and Cross, 2014). It can be include
some methods such as meditation, arbitration and collaborative techniques. EBSM may adopt
any of the given technique if they facing any u=issue and conflicts with the parties. These
techniques and resolution methods helps organisation to take best and effective solution.
Meditation method resolve the dispute between the party in which both the party point one
mediator from outside the group. In which mediator listen the statementing of party and then
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come to the final solution. In this method mediator is not belongs from the any one of the party
and take fair decision making process to resolve the conflict between the parties. On the other
side, arbitration method in which one person appointed as an arbitrator and then they research
the problem and then come to the final process which is follows by both the parties, it helps to
take better decision making process in effective and in efficient manner (Craven, 2016). Overall
it makes proper environment and management skills which is very effective and profitable for
the company. These alternative resolving techniques are helps organisation to take better
decision in terms of fair justices. It provides better decision making approach which helps
company to make new plans overall it provides great opportunity and for the company to get the
satisfaction level of employees. These alternative solutions take away company from government
laws and from court.
Advantages of alternative methods.
 This process helps to keep the case secret and confidential it also gives security that case
details never be disclosed by the responsible person.
 Alternative solutions does not involve any government bodies where case were solved by
the judges (Burman, 2014). It provides fair decision making process and provide the best problem solving solution.
Recommendation
As per the EBSM case where to open the management school employer needs to
enter in many contracts for that they need to maintain proper balance with the companies who
providing all necessary equipments such as furniture, computers and other necessary things. For
that company needs to adopt these alternative techniques to resolve those conflicts. Overall, to
maintain proper working EBSM needs to protect their business from unnecessary issues which is
not that much important. Overall, to overcome from the disputes and conflicts business should
adopt these alternative solutions to resolve them, these techniques helps to maintain the proper
ethical environment in the company. Arbitrator is the most effective alternative technique to
resolve the issues between the parties (Clarkson, Miller and Cross, 2014).
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CONCLUSION
From the above discussion, it can be concluded that English legal system gives the
overall importance of English legal system and their important legislations and acts. Further it
will explain about the role and importance of government in making the laws of the country.
That without the permission of government no one can pass the laws and any parliament bills.
Although, it was discussed that government always try to minimize the indiscipline nature in the
organisation. Along with that it explains employment and contract law which is important for the
every business to adopt these regulations and acts this helps to run the business in smooth
manner. It will also cover that common law includes two laws civil and criminal laws. Besides. It
also discussed some necessary legal sources which helps to describe some legal laws for
protecting the interest of people, employees or suppliers, further it was also provides some legal
solutions with proper justification, apart from that government needs to make new legislations
and make development in laws and regulations in order to ensure proper safety for English
people in UK. So that no one business employer can give harm to employees.
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REFERENCES
Books and Journals
Beatty, J. F., Samuelson, S. S. and Abril, P. S., 2018. Business law and the legal
environment. Cengage Learning.
Blanpain, R. and Bisom-Rapp, S., 2014. Global Workplace: International and
Comparative Employment Law Cases and Materials. Wolters Kluwer Law & Business.
Burman, R., 2014. Dismissal for operational requirements: the price of non-compliance:
employment law. Without Prejudice, 14(4), pp.68-69.
Cheeseman, H. R. and Garvey, J. R., 2014. Business law. Pearson.
Cheeseman, H. R. and Garvey, J.R.. 2014. Business law. Pearson.
Clarkson, K., Miller, R. and Cross, F., 2014. Business Law: Texts and Cases. Nelson
Education.
Craven, J. A., 2016. The Employment Relationship. NY Practice Guide: Business and
Commercial. 4.
Dau-Schmidt, K. G., Finkin, M. and Covington, R., 2016. Legal protection for the
individual employee. West Academic.
Farhang, S., Kastellec, J. P. and Wawro, G. J., 2015. The politics of opinion assignment
and authorship on the US court of appeals: Evidence from sexual harassment cases. The Journal
of Legal Studies. 44(S1). pp.S59-S85.
Jones, L., 2017. Introduction to business law. Oxford University Press.
Lareau, N. P., and et.al, 2016. Attorney's Fees and Costs (Vol. 4). Labor and Employment
Law.
Miller, R. L., 2015. Business Law Today, Standard: Text & Summarized Cases. Nelson
Education.
Sprague, R., 2016. Editor's Corner: Frontiers in Employment Law. American Business Law
Journal. 53(3). pp.435-437.
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