Legal Framework and Legal Solutions: A Business Law Report

This report provides a comprehensive overview of the legal framework and legal solutions relevant to businesses. It begins by exploring the role of legislation and the process of enacting laws, referencing the Potato Council's operations. The report then distinguishes between employed and self-employed individuals, outlining their respective rights and responsibilities. It further details the steps involved in registering a business, including selecting a structure, choosing a name, and obtaining necessary licenses. The report also examines alternative dispute resolution (ADR) methods, highlighting their advantages over litigation, and describing various ADR techniques like mediation and arbitration. Overall, the report aims to provide a practical understanding of legal considerations for businesses, covering key aspects of employment, registration, and dispute resolution.

THE LEGAL
FRAMEWORK
AND LEGAL
SOLUTION

TABLE OF CONTENTS
INTRODUCTION ..........................................................................................................................3
TASK 1............................................................................................................................................3
TASK 2............................................................................................................................................4
TASK 3............................................................................................................................................5
TASK 4............................................................................................................................................6
CONCLUSION ...............................................................................................................................7
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INTRODUCTION
Legislation and rules that have been formed by state aids in performing the business
activities in legal and lawful manner. Present report describes distinction in employed and self
employed. In addition to that procedure for registering a business also has been mentioned in the
report. Along with this, different methods for resolving disputes through ADR and various
advantages and disadvantages associated with this have been mentioned.
TASK 1
Potato council is working of ensuring sustainability and competitiveness of potato
growers in UK. The council is working for ensuring that rights of the individuals should be
protected so that they work in better and effective way. Major functions of the council comprise
of promoting potatoes to customers at home and abroad. It also works for offering advice to parts
of government and some other form of organization. The council also offers statistical advice on
the potato industry. In addition to that the council also has its own publication and it is – Potato
weekly.
The council also visits diverse agricultural fairs and events for extolling the health
benefits of potatoes. The council also has a team of residents cooks that demonstrates recipes.
The council also has its own agriculture center which is located in Kent. There are different laws
that are been scattered over a range of legal sources. Government play a vital role in framing
laws and rules and regulations framed by state are mandatory to followed for all the
organizations that are working in this sector.
It is required that proper sources should be identified so that legislative framework should
be properly implemented (Bryman and Bell, 2015). It is a organized process through which a bill
is passed in parliament. Debate is made over the bill and than it gets approved by each house of
parliament. Once royal assent is received by the bill it is declared as an act. All the members of
parliament have power for introducing bill in the parliament and once they gets approved they
becomes a policy.
A bill can be started in house of commons or the Lords and it is required that it should be
approved in the same form by both the houses before it becomes a act (Goodwin and Jasper,
2014). Initially bill is started in house of commons and there are various steps that are being
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followed that comprise first reading, second reading, committee stage, report stage and third
reading. These steps are also been followed when the bill is passed in House of lords.
Majority of laws passed by parliament results in proposals made by state. These
proposals are majorly aimed at reshaping the society and addressing specific problem that is
being faced in the society. Once a proposal is consulted and gets approved by cabinet than the
ministers are responsible for drawing up instructions about the details that are needed to be
mentioned in the bill (Hewson and Stewart, 2016). The house of parliament considers the
proposal and called bills which are introduced by the government. It is required that the bill must
be approved by both the MPs in the house of commons and this bill goes through similar
processes when it becomes a law. All the steps are followed and after that the bill is passed in the
parliament. Role of professional lobbyist is to force the government so that the bill could be
passed and rights of individual could be secured.
TASK 2
Potato council is working for promoting potatoes at home and abroad. Potato council has
provided work to cook for providing cooking displays at different fairs throughout the UK. This
is has been done on the understanding that they are self employed. Cooks are arguing that they
are employed and they are giving threats to the council to taking it to tribunals. There is clear
distinction between employed and self employed and it is vital that this difference must be made
clear and fair. If the cooks are employed that the council has some duties towards its employees.
Website of HM revenue and custom defines about main types of employment status and it
comprise of worker, employee, self employed, and contract worker.
A employed individual is one who works under in an employment contract. A person can
be an employee in employment law and it is required that employer must work out every workers
status in employment law and tax law (Holland and Webb, 2013). Employed person has extra
employment rights as compared to unemployed and self employed. These employment rights
does not gets applied to workers that are not employed.
Rights of employed workers includes Statutory sick pay, statutory maternity, paternity,
shared parental leave and pay. Employed persons needs to serve notice period if their
employment period is getting over and they have protection against unfair dismissal. They are
also have been provided with rights to request for flexible working. Statutory redundancy pay is
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also available for employed people (Jones and Norton, 2014). Employed people require to work
for minimum number of hours and they are also expected to get for the work which they have
completed. On the other hand a self employed or contractor runs their own business for
themselves and they are also responsible for taking responsibility for their business. Self
employed workers are not given any employment right and they are not required to fulfill their
responsibility as an employee. Employment laws that have been formed by government of UK
does not covers self employed people (Malerba, Mani and Adams, 2017). An individual who is
self employed have protection for health and safety and protection against discrimination. Rights
of self employed person are set by contract that have been set with their clients.
TASK 3
As per the case it has been proposed that agriculture experimental center will be
established as a free standing business organization. Business officers will be playing role for
raising capital for their business. There are various advantages and disadvantages that are
associated with this and it is essential that step by step procedure should be followed for
registering a organization. It is fundamental step in which the firm gets registered and a new
business is started (Medlik, 2016). It is vital that major requirement for starting a business should
be followed so that business should be successfully established.
It is a five step process in which the business is registered and it is imperative that all this
steps should be followed. First stage is to select a business structure and the business can be
started as sole proprietor, it can be started in partnership, limited liability and as a cooperative. It
is vital that appropriate structure for the business should be selected and on the basis of that all
the operational activities of the entity should be performed. With this documentation process also
needs to be completed so that legally the activities of business could be started (Nienstedt and
et.al., 2012).
In the second stage name for the business is decided and two companies can not have
similar names as per the rules framed by state. Some specific designations are required to be
given to the business and it includes organization, incorporated, corporation, organization etc. in
the third stage registration of business is done and firm is registered. The firm is required to get
registered and it is also required that plans about what organization will be doing in future also
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needs to be submitted. Details of share capital that the organization needs to create and in case
the firm is private than it is mandatory that at least one share must be issued.
Details about the director of the organization and details about organization Secretary
also needs to be given. Initial shareholder details are also required to be included so that all the
necessary procedures for the registrations should be completed. In the fourth stage registration is
done with the internal revenue service (Robson and McCartan, 2016). In this there is need for
taking Employer identification number (EIN) that is a type of social security number for a
business. This number is further used for filling all sorts of tax returns that can be acquired after
the completion of the registration process.
In the last stage efforts are made for obtaining license for the business and after getting
license it becomes possible for performing all the business activities in legal and lawful way
(Smith, 2015). Although the type of license that is acquired for business depends upon the nature
of business that has been registered. organization directors and officers play a vary important
role in the overall process of registration and once the firm gets registered it is required that
capital funding for the organization should be received. Directors may allocate share so that
funds for business could be raised. Other than that loan can be taken so that all the required
business activities could be financed. Directors have option for raising funds by issuing shares so
that sufficient monetary funds should be collected for carrying out the operational activities of
the entity.
TASK 4
Agriculture Experiments center is proposing foe entering into different types of
commercial transactions. While making this type of transactions dispute arises among different
parties and due to that it is required that effective measures should be taken for resolving the
issues that are been faced in the organization. Experimental center is planing for solving the
disputes outside the court. There are various advantages for using Alternative dispute resolution
(ADR) process so that disputes can be solved effectively (Zander, 2015).
It provides a medium for solving the grievance outside the court and due to that time and
cost is saved in solving different types of disputes. It is required that legal solution should be
present so that all the parties who are facing dispute should find a better solution for that. ADR is
provides different type of advantages over litigation methods. It is faster and cost saving method
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and it takes less time as compared to court proceedings. Platform is provided to people for
describing their grievances and they are free to mention about the issues that are being faced by
them (Bryman and Bell, 2015).
ADR process is more flexible and it is more responsive towards the individual needs of
the people that are involved in the dispute resolution techniques. This is informal procedure that
is being used for solving the dispute. There is great commitment that is made by parties towards
solving the grievances and due to that it becomes easier for solving the disputes easily with out
facing much challenges (Goodwin and Jasper, 2014). This method works on goodwill approach
and this is more effective in the situations in which there exist continuing relationship among all
the parties.
Main types of ADR includes Mediation, Arbitration, and settlement. In mediation
process. In mediation process a impartial person is appointed as a mediator who helps the parties
for reaching a common acceptable solutions. Mediator helps the parties for communicating the
issues that are being faced by them. In arbitration process two cases are possible and it may be
binding and non binding. In binding arbitration all the parties accept the decision that is being
given by the arbitrator. In non binding arbitration parties are not bound for accepting the decision
that are given by the arbitrator (Zander, 2015). Language and arbitration is basically used so that
everyone should understand the language that is given by the arbitrator. ADR is referred as a
process in which more flexible structures are used for solving the issues and problems that are
being faced by different parties.
CONCLUSION
Summing up the present report it has been concluded that Potato council needs to identity
sources so that appropriate legislation that are required to be followed so that required activities
could be performed successfully. A bill is passed in the parliament and it is essential that
approval should be taken from all the members so that it can become a law. There is difference
between employed and self employed and it needs to be considered while providing job
opportunities for people.
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REFERENCES
Books and journals
Bryman, A. and Bell, E., 2015. Business research methods. Oxford University Press, USA.
Goodwin, J. and Jasper, J.M. eds., 2014. The social movements reader: cases and concepts. John
Wiley & Sons.
Hewson, C. and Stewart, D.W., 2016. Internet research methods. John Wiley & Sons, Ltd.
Holland, J. and Webb, J., 2013. Learning legal rules: a students' guide to legal method and
reasoning. Oxford university press.
Jones, B. and Norton, P., 2014. Politics Uk. Routledge.
Malerba, F., Mani, S. and Adams, P. eds., 2017. The Rise to Market Leadership: New Leading
Firms from Emerging Countries. Edward Elgar Publishing.
Medlik, S. ed., 2016. Managing tourism. Elsevier.
Nienstedt, K.M., and et.al., 2012. Development of a framework based on an ecosystem services
approach for deriving specific protection goals for environmental risk assessment of
pesticides. Science of the Total Environment, 415, pp.31-38.
Robson, C. and McCartan, K., 2016. Real world research. John Wiley & Sons.
Smith, J.A. ed., 2015. Qualitative psychology: A practical guide to research methods. Sage.
Zander, M., 2015. The law-making process. Bloomsbury Publishing.
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