Business Law Report: English Legal Framework and Legal Solutions

This report provides an overview of the English legal system, focusing on its sources, the role of government in law-making, and the impact of contract and employment law on organizations. It examines the legal obligations of employers and employees, including issues such as employee remuneration, health and safety, and discrimination. The report further analyzes the application of these laws to a business scenario, proposing legal solutions for organizational issues and the use of alternative dispute resolution. The report concludes with recommendations for the legal system and structure, offering insights into how businesses can navigate the legal landscape and ensure compliance. The report includes discussions on the Companies Act 2006 and the Insolvency Act 1986.

Legal Framework and Legal
solutions

Table of Contents
INTRODUCTION...........................................................................................................................1
LO 1.................................................................................................................................................1
P1 Sources of law and nature of English legal system .........................................................1
P2 Identified the role of government in making law .............................................................2
LO 2.................................................................................................................................................3
P3 Methods of contract law and employment have effect on organisation............................3
LO 3.................................................................................................................................................5
P4 Proposing the legitimate answer for settling the organisational issues ............................5
P5 Justification ......................................................................................................................7
LO 4.................................................................................................................................................8
P6 Recommendations for legal system and structure.............................................................8
Concept and benefits of using the Alternative Dispute Resolution Process.........................8
CONCLUSION................................................................................................................................9
REFERENCES..............................................................................................................................10

INTRODUCTION
Business law is the set of legal regulations which are developed by government and
parliament. These laws are designed with consideration to various issues or problems faced by a
company or organisation. The laws finally developed are formulated by the legal bodies or
authority in the nation to manage and control legal issues. There are various laws and regulations
imposed in different countries. The business laws ensure proper and legal functioning of an
organisation. For instance, English law regulates and manages organisations operating in
England and Wales. The present report is in context to conflict between two businesses or parties
with regard to contract, sales and merger. The report will help in developing effective knowledge
and understanding of English legal system that controls legislations developed as well as applied
in England and Wales.
TASK 1
P1. Sources of law and nature of English legal system
According to the concept of legislation, the main purpose of developing legal norms is to
maintain and manage basis of legal structure of a community and providing the most appropriate
or suitable solutions to issues being faced by organizations or businesses. It helps a business to
run its activities and functions smoothly. The companies fail to follow legal laws or norms, then
in such condition it faces legal consequences, penalties etc. English legislation is developed by
the legal authorities within British legal system. Laws under English legal system are formulated
by the government that are responsible for governing and regulating activities of organizations
operating their functions within England and Wales. The English legal structure is sectioned
within two zones which are crooks and affable. The criminal zone covered by Magistrate court,
court of offer and crown court whereas Nation council and High court of equity go under the
common segment or region. There are various sources of laws which can be described as below -
 European law - Convention of human rights, this is the act in English legal system that
is affected by the laws under European Union. Business law is a critical element of
European Union law that manages various directions enabling an organization and its
functions easily and effectively(Bagust and et.al, 2015).
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 Statutory law – It is an important element of law which is sorted by the Parliament of
UK. This consist of well-being, contract, security and protection related laws. It has
turned in very popularly known as wellsprings of laws changing since 17th century.
 Customer law – The law based on precedent another collection of control developed by
the English council's judgments. It is connected with the use of American traditions and
individuals.
 Primary law - These form of laws are developed and designed by the measured forum of
nation. These kinds of laws or norms are affected by various legislation created by the
government.
 Secondary legislation – These types of norms are developed by representatives of
primary legislation authorities. Appropriate examples of secondary legislation are
national assembly of Wales act, Ireland Act, etc(Kadish and et.al, 2016).
P2. Identified the role of government in making law
Law making is referred as one of the important parts of the parliament. In the law-age
process there are couple of people the general population who contribute well in making a
sensible request. Government acknowledges a huge part in this strategy. Government time to
time takes off changes in the request with the target that they can keep protected and can keep
them away from improper practices. Same concerned with the effective operation of business
experts affect adjustments toward the way which helps in smooth working of the union. There
are various phases included in the making of law -
 Information related to government objectives – At this stage, role of the legal bodies
in the country is to collect information through surveys regarding various problems and
issues in the organizations. The legal authorities are needed to analyse situation and
identify most appropriate solution to various problems and issues.
 Proposal preparation - After the accomplishment of the initial stage, the government's
role is to develop or prepare proposal that needs to include information related to issues
and appropriate solution regarding the same.
 Proposal to transformation of bill by parliament – The next function of legal authority
after preparing the proposal is to present it to other small councils.
 Introducing bill to the parliament council – If in chance, the bill is endorsed by the
lawful approves working at little level at that point additionally continuing proposition
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ought to be changed over into bill and same is sent to the individuals in
parliament(Bartlett and et.al, 2016).
 To begin with, Second and third perusing – At this stage, it is the obligation of
legitimate specialist to introduce the bill for first perusing in place of rulers. From there
on the principal perusing, capacity of government is to roll out the improvements in
charge according to the counsel or proposal of individuals in parliament. Once the
alterations have been made in legitimate way, charge is to be introduced for second
perusing. At this stage short level headed discussion identified with execution of bill may
happen. From that point the following stage, lawful expert is required to submit charge
for assessment. Viability of the bill is estimated.
 Endorsement of the bill-Once the outcome has been unveiled by the unique board of
trustees at that point charge is pick up exhibited for the last perusing where voting may
occur and choice identified with implementation of bill is made. In the event that on the
off chance that the bill isn't endorsed by the parliament, then government needs to
discover elective answer for issue.
In UK, each and every law which is developed by the Parliament unites duties and
fundamental activity orientation. Under the mindful look of developing every law concern
specific test of the contemplations, discover results that are associated with it and do duty on the
point. On the bases of this discourse outrageous choice of making new law is taken by the
association. For example if aces needs to show particular bill then they create clash with respect
to and give the reports recognized this to the business and authentic driving gathering of trustees.
This process of affecting a law to encounter particular stages from parties, driving gathering of
trustees to complete stage(Jones and et.al, 2017) .
LO 2
P3 Methods of contract law and employment have effect on organisation
Contract law oversees the business connection among the parties or gatherings.
According to this standard it is required by the gatherings to go into a legitimately restricting
contract. It is fundamental for both the gatherings to consent to every one of the terms and
condition in the agreement, If any of the gathering neglects to play out their obligations then in
such case the agreement winds up invalid and void. In setting of business contract act, it is
imperative for both manager and representatives to play out their obligations according to the
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understanding. Business contract has immediate and in addition critical impact on the
relationship amongst labourer and an organization. Notwithstanding this business enactment
likewise have real impact on the human asset administration practices and approaches intended
for the advantage of workers.
Legal commitment of employer and impact of laws on organisation
 Employee's remuneration – The organisations needs to provide various laws for the
welfare of the employees working in a company. It is included within the statutory
framework in the employee's remuneration act. It is a legal obligation of an organisation
which covers various risks of the effective staff members. It helps in boosting their
performance and make them feel secure and protected. The organisation or employers
should make sure that its employees are secure ad protected against various problems or
issues such as employee harassment, abusive language at workplace and unfair or partial
practices in an organisation. Employers require providing healthy and safety advantages
to employees working in their organisation(Warren and et.aL, 2016).
 Legal commitment by employers – The employees are provided legal commitment by
their employers or organisations. It is a type of obligation by the employer to his or her
employees with regards to safety and health. Individual requires making effective
business functions or operations with an objective that non of the employees is getting
harmed by any of the organisational activity.
 Correspondence Act 2010 elucidates that every association needs to offer reprieve even
with opportunities to all staff people, there should not to be any kind of isolation on the
bases of age, race, religion etc. Business needs to ensure that intense against isolation
sharpens follow in the workplace altogether. Duties of supervisor in such manner are as
underneath kept up: Manager is careful to select candidates on the bases of their
capacities and experience. It should not to be on the bases of race, age or predisposition.
Supervisor needs to ensure that headways done in the workplace on the bases of
execution of individual. There should not to be any kind of division. To keep up this
sensible condition in the substance is the obligation of proprietor(Chemerinsky and et.al,
2016).
 Badgering - Provocation at the workplace is absolutely illegal and if any such case
occurs in the affiliation then business will be liable to defy comes about for the same.
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Incitement act clearly elucidates that such kind of disturbance are refused in the
undertakings. Goading procedure portrays the statutory duty of administrator: It is the
commitment of manager that to make people careful with the incitement technique, its
oversee and headings. Proprietor needs to give vital handbook, manuals and distinctive
reports with the objective that such sort of conditions can be kept up a key separation
from in the workplace.
Effect of agreement and work law on business
According to case Country pine can be influenced by law created by English lawful
structure if the representatives are law utilized. As per law if an individual is working in an
association he or she is secured with business rights or commitment built up by the legitimate
framework. The representatives working in nation pine have different rights and commitments,
for example, rates of pay, leaves, hours of work and so on. The Organization needs to create
different systems considering all the business rights. Association likewise give merchandise and
enterprises to individuals for which it is imperative to consider customer rights or related laws
which alludes to appropriate to quality, ideal to be known, substitution or discount arrangements
and so on(Bishara and et.al, 2012).
LO 3
P4 Proposing the legitimate answer for settling the organisational issues
The idea of a privately owned business is that it is constrained by offers and value
encouraged among the public. In this way, there will be proper picks up and to a firm through
offering safety in capital market. There have been different acts and laws, for example,
Companies Act 2006, Insolvency Act 1986 which are fundamentally administered by the English
legitimate experts. Along these lines, the thought process of government is to give fitting
legitimate condition and exchange rehearses in the country. On opposite with the case that
Country Pine is working as the sole broker in advertise therefore, the firm is little medium size
business and is developing. In this manner, there will be ascend in the capital and the firm will
have fitting financial structure as the level of assets will be created through value ventures which
incite the better subsidizing tasks. Also, in connection with that the firm requires designing profit
arrangements which are should have been agreeable among the financial specialists as to have
fitting legitimate arrangements(Crane and et.al, 2016).
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The organisation has been working as a Sole dealer, the bookkeeping group proposed to move
Country Pine into a constrained or enrolled organization. There are different changes or lawful
necessity of an enrolled organization which should be considered by Directors of the
organization.
Duties or roles of Director
1. Staying with report changes and records
2. To take after association's principles as said in its articles of affiliation
3. Paying corporate expense
4. Documenting the records and friends expense form
The Country Pine can produce assets or capital from different techniques, for example,
 Heavenly attendant Investment – There are people's known as financial specialists who
will put resources into new companies or developing organizations, association, for
example, Country stick can raise capital from these speculators effectively.
 Boot Strapping – This is a typical capital creating strategy in which boss or proprietor of
a firm put his or her sparing in a business.
 Group Funding – This is another successful strategy for capital age, this technique
incorporates advances, pre-request or commitment.
Country pine additionally watched that there can be a contention or issue which might be
emerge because of the supply of deserted level pack by Poland provider. There have been
numerous circumstances when few of the level packs comprise imperfections or harm. By and
large Polish providers influenced discounts to Country pine. Yet Country Pine knew that with the
expansion in supply it may be conceivable that it might build up a contention circumstance
because of nature of level packs provided. It might be conceivable that there can be a legitimate
question amongst providers and association.Bartlett2016Kadish2016Bagust2015
On opposite side, to activity the operational and in addition budgetary administration in
the business there is needed comprehension for the executive's obligations in this regard. There
chiefs of these organizations are at risk to make instalments to the investors previously making
some other speculations through the turnover the organization acquires in due period. It goes
under segment 171 to 177 of organization's demonstration 2006(Allen and et.al, 2016). On the
off chance that regardless the value holders won't have appropriate exposure of the company's
money related information and additionally the partitioned installments than it will be dealt as
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the rupture of obligations by the directors. In this way, on which the investors can assert over
chiefs of the association. Additionally, in connection with influencing smooth running of the
business it to will be recommended to the Country Pine and Business Future, Ltd that they
should introduce the proper money related exposure among the financial specialists on the
periodical premise. It will draw in the new financial specialists and additionally it will be useful
to the current value holders in the firm. Likewise, if the firm end up wiped out than the
obligation of the experts or executives is to make first installments to the investors of obligations
of the business.
P5 Justification
The Country pine needs to focus on covering the whole legal requirements required by
registered company or organisation. Every business needs to have managers, accountants and
other professionals who can manage and control different legal documents, policies, records and
other legal elements for operating all the organisational functions legally.
Based on above case and the legitimate arrangement granted to the organizations and its
executives is that they should roll out fitting improvements into tasks and also bring the
successful workplace. In this manner, under segment 171 to 177 of Companies act 2006(Cross
and et.al, 2016). In the event that regardless the value holders won't have legitimate exposure of
the company's monetary information and also the isolated installments than to dealt with as the
rupture of obligations by executives. Along these lines, on which the investors can assert over
chiefs of the association. Additionally, in connection with influencing smooth running of the
business it to will be proposed to the Country Pine and Business Future, Ltd that they should
display the proper money related divulgence among the financial specialists on the periodical
premise. In addition, it will assemble a tasteful trust among the financial specialists based on
organization's execution and the executives in making the profit installments to them. On the
opposite side, to have the fitting enrolment there transgression need enlistment under Companies
Act 2006 which will be viable and supportive to the business as to have the canal acceptable
legitimate answers for any issues.
LO 4
P6 Recommendations for legal system and structure
Unexpectedly of the English legitimate framework which is contains with the different
enactment and lawful answers for the public. Along these lines, as per the operational practices
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of the different Tribunals, Courts and legal one might say that, it went for dealing with the lawful
condition in the nation. Be that as it may, there can be agreeable control over the organizations
for reasonable exchange practices and making the correct monetary exposures. On the opposite
side, to have execution over the wrongdoing and important actuates the legal effects assume the
principle part in dealing with the business activities. What's more, other than the effects of
legitimate arrangement in the nation there can be impacts of different operational practices, for
example, there are leftover opportunities to nationals as the parliament has authorized the laws
that they will give attractive condition to the residents which are living in nation. Thus, there
have been different bills and changes which were made under board of trustees and houses as to
secure the human rights and conveying the fitting lawful answers for individuals. The bills have
been gone through different stages on which there will be colossal civil arguments, contentions
occurred. It includes with the impacts of the different MP's and advisory groups individuals who
investigate the genuine value of the bill and who it will be viable in defeating any circumstance
of giving the lawful arrangements. Close by, after culmination of different level headed
discussions and contentions the bill is passed by Royal Ascent as there will be impacts of HMRC
in making the legitimate ramifications of the laws and lawful answers for any issues.
Concept and benefits of using the Alternative Dispute Resolution Process
Alternative dispute resolution is a process when it can be characterized in a method to
solve the problems of their parties. There are some strategies applied to this procedure,
Such as intervention, impartial assessment and shared law etc. The country pine and suppliers is
a long case to identify the synergistic and intercession laws that are helpful. Elective
Determination is method to help the tackling issues in environment and can be making a peace of
nature(Miller and et.al, 2016).
Intercession is a process in which the experts can be influence to provide the right
opinion. In this process, The outsider person listen the issues of both the parties in individually
and can be arranged their issues solutions. Two parties are giving their own view point regarding
the topic and after ward, the conflict can understand the problem and then identified the special
solution. On the other hand, This dispute process include negotiation. The authority is provides
the settlement in between both parties. This is very useful process to exchange a business and
merge into globally. In this country, Alternative Dispute resolution can be play an important role
in very effective ways.
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There are some advantages of Alternative Dispute Resolution process as follows:
1. It is the favorable approach to utilizing a process when they stopped the straight forward
contrast.
2. In this process, the person can not talk to the individual and all the issues is in private
mode. These will help to control the whole dispute process.
CONCLUSION
Form the above report developed that is formulated by the legal bodies or authority in the
nation to manage and control legal issues. There are various laws and regulation imposed in
different countries, the business laws ensures proper and legal functioning of an organisation. As
per the above report companies fail to follow legal laws or norms then in such condition it faces
legal consequences, penalties etc. English legislation is developed by the legal authorities within
the British legal system. As per the above report is focus on law-age process there are couple of
people the general population who contribute well in making a sensible request. Government
acknowledges huge part in this strategy. Form the above report is focus on introduced for
second perusing. At this stage short level headed discussion identified with execution of bill may
happen. From that point the following stage, lawful expert is required to submit charge for
assessment. Viability of the bill is estimated. In this report is focus on particular bill then they
create clash with respect to and give the reports recognized this to the business and authentic
driving gathering of trustees. This process of affecting a law to encounter particular stages from
parties, driving gathering of trustees to complete stage.
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REFERENCES
Books and Journals
Miller, R. L. and Cross, F. B., 2016. Business Law, Alternate Edition: Text and Summarized
Cases. Cengage Learning.
Cross, F. B., 2016. Business Law, Alternate Edition: Text and Summarized Cases. Cengage
Learning.
Allen, W. T. and Kraakman, R., 2016. Commentaries and cases on the law of business
organization. Wolters Kluwer law & business.
Crane, A. and Matten, D., 2016. Business ethics: Managing corporate citizenship and
sustainability in the age of globalization. Oxford University Press.
Bishara, N. D. and Westermann‐Behaylo, M., 2012. The Law and Ethics of Restrictions on an
Employee's Post‐Employment Mobility. American Business Law Journal, 49(1), pp.1-
61.
Chemerinsky, E., 2016. Constitutional law. Wolters Kluwer Law & Business.
Warren, E. and Westbrook, J.L., 2016. The law of debtors and creditors. Apen.
Jones, S. R. and Lainez, J., 2017. Enriching the Law School Curriculum: The Rise of
Transactional Legal Clinics in US Law Schools. Wash. UJL & Pol'y, 43, p.85.
Bartlett, K. T., Rhode, D. L. and Grossman, J. L., 2016. Gender and law: Theory, doctrine,
commentary. Wolters Kluwer Law & Business.
Kadish, S. H., Schulhofer, S. J. and Barkow, R. E., 2016. Criminal law and its processes: cases
and materials. Wolters Kluwer Law & Business.
Bagust, J., 2015. The legal profession and the business of law. Sydney L. Rev., 35, p.27.
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