Legal Framework and Legal Solutions for EBSM - London Branch Report

This report examines the legal framework and legal solutions, focusing on the context of European Business School of Management (EBSM) opening a new branch in London. It begins by explaining the different sources of law within the English legal system, differentiating between common and statutory law, and outlining the role of the government in law-making. The report then delves into employment and contract law, analyzing their impacts on business practices. It explores employer obligations related to occupational health and safety, employee compensation, harassment, and equal opportunities. Finally, the report suggests and justifies appropriate legal solutions for various business problems, providing a comprehensive overview of the legal considerations relevant to EBSM's expansion and operation in London. The report also highlights the importance of adhering to legal standards to ensure fair trade practices and employee protection.

The legal framework and
legal solutions

Table of Contents
INTRODUCTION...........................................................................................................................1
TASK 1 ...........................................................................................................................................1
P1 Explaining the different sources of law and English legal system. ......................................1
P2 Explaining the role of government in making laws along with statutory and common law. 2
M1 Evaluate the effectiveness of legal system in terms of the diversity of its laws. ................3
D1 Provide a coherent and critical evaluation of the legal system. ...........................................3
TASK 2............................................................................................................................................4
P3 Explaining the employment law and contract law and their impacts on business practises. 4
M2 Differentiating and analysing the potential impacts of regulations and standards. .............5
TASK 3............................................................................................................................................5
P4 Suggest appropriate solutions for a business problem...........................................................5
P5 Provide Justification for the appropriate legal solutions........................................................6
TASK 4............................................................................................................................................7
P6 Recommend solution ............................................................................................................7
CONCLUSION ...............................................................................................................................8
REFERENCES................................................................................................................................9

INTRODUCTION
Law is a regulatory system handled by the government to maintain the systematic
environment in a country. Legal laws helps to make safety and calm environment, so that
government protect the people interest from malpractices. Present report is based on legal
framework and legal solutions. European Business School of Management (EBSM) is the most
popular school of management in Europe. Government encouraging that EBSM to open new
branch of school in London as well. To implement this process, EBSM needs to adopt all laws
and regulations which will be discussed in this report. Furthermore, it will discuss about English
regulation and different sources of laws and the role of government in law-making process.
Moreover, it will also discuss about the employment and contract law which explains the legal
obligations of employer towards the employees and its impact on business practices. Moreover,
it will cover the legal solutions for a range of business solutions.
TASK 1
P1 Explaining the different sources of law and English legal system.
There are many legal laws and regulations that comes under English legal systems. It
consists of common and civil law which helps in adopting systematic legal structure to carry on
business activities. In this process, judgement will be taken by all judges in the court. The
decision of the Supreme Court and the highest civil appeal court of the United Kingdom is bound
with each other court (Appleman, Appleman and Holmes, 2016). Some of the laws and
regulations derived from legislations and rest of all known as common law which is based on
previous courts. On the other side, English legal system regulated by many other countries as
well. All these laws are based on hierarchy basis. In UK, all decisions are taken by the Supreme
Court whereas the cases of civil law is first applied in the high court and then applied to the
lower court. There are some sources of law which helps business to adopt systematic code of
conduct.
Sources of Law
In English legal systems, there are many sources of law which makes environment free
from corruption. This sources of law taken by the business organisation. If business fails to
adopt all laws and code of practise, they have to face much trouble and issues by the
government. These laws protect business from uncertain events and set the standard of working.
There are some sources are given below:
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European Union Law: This law is especially made for EU. European Union law consist
of various laws and regulations. All these laws helps company to follow smooth functioning in
the company (Beatty, Samuelson and Abril, 2018). This all EU laws make sure that company
adopt fair practises in the working place or not. Along with that, all these regulations protect the
interest of employees and workers who are working in the organisations. No one tries to harm
employees in any ways, government take strict action against those organisations who are not
serious about his own employees. EU government consists of contract and employment law to
protect the interest of employees. Employment law defines the relationship between employer
and employee, it explains that employer has some obligations for employees to maintain healthy
environment for its employees. Besides this, contract law states some standards for contractor
between contractee. It makes some duties and responsibilities which are necessary for the parties
to adapt to make its contract valid.
Jurisprudence: This is the law whose main aim is to develop the laws in more advanced
manner to enhance the protection and security level (Blanpain and Bisom-Rapp, 2014). It
contains civil and human rights etc. plus provides guidance and direction through which
employees and people protect their interest itself.
Common Law: It is basically a significant law in English legal system. Common law is
basically made for the custom of English people. Case of common law is solved by the group of
tribunals and by the judges.
Statutory Law: This is the most significant law in UK parliament. Statutory law consists
of several laws such as contract, safety and health and insurance laws. This is become the source
revolution since the 17th century. These kinds of laws are already exist in the parliament. The
decision taken by consideration of these laws only (Cameron, 2015).
P2 Explaining the role of government in making laws along with statutory and common law.
Government plays a very significant role in making laws and regulations for the
organisations. The government is the regulatory body which makes several laws on the basis of
current violence. It ensures that organisation has adopted all laws to protect the interest of
employees or people. Without the permission of government, one can pass the regulations or
order. Final decision is taken by the government in any decision making process. Government
modifies the needed changes on the basis of situation for welfare of people. This process helps in
maintaining positive and safe environment in the country and it is necessary for all organisations
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to follow the same (Cheeseman and Garvey, 2014). It provides easy and effective working
environment. Regarding new changes and regulation, first it is discussed with higher authorities
and then forwarded to the government for approval. No law has been passed without the
permission of government. It has contained many processes and steps plus many meetings are
held to take decision making process. Every bill and act has been passed from different stages
and then government approves all the laws and regulations. Before making any such rules and
regulations government will check its advantages and disadvantage. Overall conclusion is that
government plays a very important law to take all important decisions.
Application of statutory and common law in the justice court
Statutory laws are those laws which is already mentioned whereas common law are made
on the basis of requirement (Dau-Schmidt, Finkin and Covington, 2016). Statutory decision are
done on the basis of written basis. Besides common law decisions are taken on the basis of
evaluation of all the situations. The process of statutory laws is very lengthy. It consists of many
higher and lower authorities to take the final step. On the other side, different standards are
applied in case of common law. In the case of statutory law which is already mentioned and
written all the case of statutory law is which is regarding of written law.
M1 Evaluate the effectiveness of legal system in terms of the diversity of its laws.
There are many changes have been done on the basis of current developments and
reforms. In UK, government applied free trade policy in which it gives permission to
organisation that they can easily share the entire information regarding their trade activities.
These reforms and practices make environment more effective and efficient (Gallagher and et.al,
2015). Moreover, these activities protect the interest of customers and make them satisfied from
organisation malpractices.
D1 Provide a coherent and critical evaluation of the legal system.
English law is generated to protect the interest of custom of English peoples. All the
regulations and laws which are included in this area have to followed by each and every
organisation. It provides guidelines for the company to follow fair trade practises. If in case
organisation fails to adopt government regulations, it creates huge problems for them.
Organisation needs to maintain its environment positive and has to adopt fair practises to deal
with the customers as well as employees (Harner and Rhee, 2014).
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TASK 2
P3 Explaining the employment law and contract law and their impacts on business practises.
Employment law
Employment law is defines the relationship between employer and employee.
Every employer has some obligations and duties regarding their employees which helps them to
maintain healthy and safe environment in the company. There are some obligations of employer
are as follows (Hart, 2015). Occupational Health and safety : Occupational health and safety is the most significant
factor for the organisation. In other words it is the big responsibility of employer to
provide all safety precautions to the employees in the working place it makes
organisation safe and secure. Employer should adopt safety factors through which they
provide employees safety, on the other side company also provides health benefits in case
of any accident during working hours. They need to adopt all laws regarding employee
safety in their organisation. They liable to pay amount if any employee get injured in the
organisation. Employee safety needs are the first priority of employer which is very
necessary for every organisation (Kavanagh and McRae, 2017). On the basis of article 4
it is the duty of employer to ensure the health and safety environment in the organisation.
It provides some short of safety and secure environment in working place. Another
obligation of employer to provide all safety precautions in working place as well.
 Employees Compensation: Employee compensation is the another obligation of
employer towards their employees. Compensation is the right of employees which is
given by the company for the safety needs. It makes environment more healthy and safe.
It is the another obligation of employer to provide compensation amount in case of
employee injury or loss. Through this process employees feel motivated and happy with
the atmosphere of company. It helps to maintain the commitments level of employees
with the organisation interest (Knapp, Crystal and Prince, 2016).
 Harassment: Harassment is the biggest crime in the organisation, it is totally unfair and
unsafe practises with the employees of the organisation. Government made several and
very discipline laws regarding this point, employer should adopt all these laws to protect
harassment activities. Every activity in the organisation will be held in the consideration
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of employer. Employer should take strict actions against those negative activities in the
organisation (Kötz, 2017). It helps to make positive working environment in the
company. On the other side employer also needs to guide and provide proper information
about the harassment policies and laws, through which know its rights. Employer is
obligated that if any activity is taking place in the business environment so that strict
action must be taken. Equal opportunities: It is the another obligation of employer is to protect the interest of
employee in terms of providing all opportunity to employees. It helps to set the particular
standard which maintain the company environment motivated and healthy. In terms of
that employer should not adopt the discrimination practises with the employees. They
never judge employees on the basis of their age, caste, races, religion etc. employer must
give equal opportunity to employees to enhance their confidence level in terms of
organisation goals. It makes environment positive and healthy (Lareau and et.al, 2016).
Impact of employment and contract law on business practises
Every contract and employment law is illegal if they hire under age employees in their
company. Before 18 years age of people is consider minor and not eligible for employment. It is
totally illegal in the eye of law. Along with that organisation should know these laws and apply
the same. Otherwise, if company fails to adopt legal company laws they would affect the
company in long time. EBSM needs to adopt fair trade practise and hire legal employees.
M2 Differentiating and analysing the potential impacts of regulations and standards.
In according with the case EBSM needs to adopt all regulations and obligations to
maintain the systematic order of working. It provides help to European management school to
measure the laws and regulations.
TASK 3
P4 Suggest appropriate solutions for a business problem.
As per the legal solution regarding the business practises (Lieberman and et.al, 2016).
Company always taken right steps to overcome from those challenges, employer has responsible
to protect the interest of employees in the organisation. Such as to protect the business
organisation. Employer should never terminate any employee without having any evident or not
making false obligations. For that employer needs to adopt some legal laws to protect itself from
uncertain events. On the other side employees has right to claim company in case of any unfair
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practises. For that company needs to adopt practice of one month notice period before
terminating any employee from the organisation, Before doing this company cannot terminate
any employee. Employer cannot adopt wrong practises with employees otherwise they breach
the employment law (McKendrick, 2014). For that company owner will have to the
compensation amount to the employee. Along with that another legal solution is in case of
insurance claimant needs to provide all information to insurance company to get his claim
amount otherwise in case of wrong information company is not liable to pay any amount to the
person. At the time of any investigation any hidden information will be consider as breach of
contract.
Legal solutions will help to protect future uncertainties and give information to the fair
practises. It makes environment healthy and safe. On the other side company needs to adopt all
legal regulation to keep the environment safe and secure from uncertain events. Legal solutions
provides guidance and protection for the company (Miller, 2015). Like another business solution
of the company is to adopt all employment laws. It helps to enhance the employees' confidence
level and loyalty against the company.
P5 Provide Justification for the appropriate legal solutions
As per the solutions, on the basis of first solution that employer needs to give prior one
month notice in order to terminate any employee. It is considered under the employment law. On
the basis of government law employer does not terminate any employee immediately without
any prior notice. It is totally unfair with an employee and it is not considered by the law. If
organisation adopt any of the unfair practises, in that situation employee has right to sue on
organisation and get their claim (Kavanagh and McRae, 2017). So that, if company wants to run
their business smoothly they have to adopt legal acts. Besides, another solution is to provide
safety and secure working conditions ar working place, if any employee and worker get injured
or hurt employer is liable for that in that case employer is responsible to pay his all medical
expenses amount. Overall company needs to acquire safe and secure working place under which
employees are working. Otherwise, organisation faces many troubles. It makes company weak
and unproductive. Furthermore, employer also can give safety and need training so that
employees get to know its precautions at the time of uncertain events. Along with that company
also can take insurance plan to protect their company from uncertain risk (Lareau and et.al,
2016). For that they need to provide right and actual information to the insurance company,
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besides, employer also insurance facilities to the employees so at the time of any injury insurance
company will pay the amount to settle the claim. Overall, employer have no right to breach the
contract of employment law in any case otherwise they have to face the strict actions of
government. It makes organisation environment positive and secure. Employee safety is the
most significant factor of the organisation. It helps to enhance quality of organisation and
productivity of employees (Beatty, Samuelson and Abril, 2018).
Overall legal business solutions helps company to make its environment systematic and
moderate. With the help of secure environment, organisation can work in systematic manner and
earn profit revenue as well. Besides, employees safety and health issues must be adopted by the
organisation which is mandatory for employer.
TASK 4
P6 Recommend solution
ADR means alternative dispute resolution which helps to solve the problems and issues
outside the court. Overall, it is an effective and efficient manner to solve the issues in the
business organisation. There are several solution methods and ways through which conflicts can
be resolved. This method is mediation and collaborative, law techniques and arbitration etc.
Mediation is the very much effective method to resolve the conflicts and resolution. This method
defines that one mediator resolve the issues between the parties (Dau-Schmidt, Finkin and
Covington, 2016). It includes one mediator to solve the query of parties. Mediator listens the
issues of both the parties and make final decision on the basis of present evidences. Along with
that, in this case mediator is not belonged to any of the party. It helps to make decision more
effective and prominent. Another alternative solution method is arbitration in which one
arbitrator is going to be appoint to solve the conflicts between the parties which gives effective
solution method it generally solves the issue which is arises at the commercial levels.
Benefits of ADR
 It is the best method to solve the issues between the parties. Apart from that, these cases
will be solved outsides the court premises (Hart, 2015). Process of ADR is keeping confidential and secure from the third party.
Recommendation
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Company needs to adopt all legal laws and framework to safe its working environment,
also they need to adopt all alternative solutions to resolve the conflicts, it ensures safe and secure
environment (Kavanagh and McRae, 2017).
CONCLUSION
From the above discussion, it can be concluded that organisation has to adopt legal
framework to run their business practises smoothly and in effective manner. From this report, it
can be concluded that, English legal system include several laws and regulation which defines
the role of employment law and contract law and these laws are very essential for the
organisation to be followed, furthermore, it was discussed about the employment law and
contract law which defines the important terminologies which is very significant for the
organisation, such as employment law consist several obligations of employer which is
mandatory to be followed. Like obligations of employee is to maintain the healthy and safe
environment in the organisation. It insures the safety needs of the employees. On the other side
employer also has responsible to provide equal opportunity and fair compensation amount to the
employees, it makes employees happy and satisfied with the company environment. To open the
management school in London, EBSM needs to follow all laws and regulations of UK
government. Furthermore, it was discussed the role of government in making laws. So it can be
concluded that, without the permission of government, no one can have right to pass the act and
laws. Overall, this report also concluded the legal solutions and justification for the organisation.
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REFERENCES
Books and Journals
Appleman, J. A., Appleman, J. and Holmes, E. M., 2016. Contract Concerns: Reinsurance
Contract Formation, Validity, And Judicial Construction (Vol. 14). Appleman on Insurance Law
and Practice.
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.
Cameron, G., 2015. International Business Law: Cases and Materials.
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.
Dau-Schmidt, K. G., Finkin, M. and Covington, R., 2016. Legal protection for the
individual employee. West Academic.
Gallagher, M., Get.al, 2015. China’s 2008 Labor Contract Law: Implementation and
implications for China’s workers. Human Relations. 68(2). pp.197-235.
Harner, M. M. and Rhee, R. J., 2014. Deal Deconstructions, Case Studies, and Case
Simulations: Toward Practice Readiness with New Pedagogies in Teaching Business and
Transactional Law.
Hart, M., 2015. The CCMA's jurisdiction beyond SA's borders: employment law. Without
Prejudice. 15(10). pp.24-25.
Kavanagh, M. and McRae, E., 2017. Employment law: Protecting vulnerable workers
amendment to fair work act. Governance Directions. 69(4). p.241.
Knapp, C. L., Crystal, N. M. and Prince, H. G., 2016. Problems in Contract Law: cases
and materials. Wolters Kluwer Law & Business.
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Kötz, H., 2017. European contract law. Oxford University Press.
Lareau, N.P., Let.al, 2016. Attorney's Fees and Costs(Vol. 4). Labor and Employment
Law.
Lieberman, J., et.al, 2016. Business law and the legal environment.
McKendrick, E., 2014. Contract law: text, cases, and materials. Oxford University Press
(UK).
Miller, R. L., 2015. Business Law Today, Standard: Text & Summarized Cases. Nelson
Education.
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