Business Law: Impact and Application in the UK Legal System

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BUSINESS LAW-IMPACT AND APPLICATION

Table of Contents
Introduction...................................................................................................................... 3
Task 1 (Report)................................................................................................................ 4
LO1:................................................................................................................................. 4
Title: Explanation of Basic nature of legal system............................................................4
Introduction................................................................................................................... 6
P1 Explanation of various sources of Law....................................................................6
P2 Explanation of role of Government in law making and its application in Justice
Courts........................................................................................................................... 6
M1 Evaluation of effectiveness of legal systems...........................................................6
D1 Critical Evaluation of English Legal System with support of evidences...................7
Conclusion.................................................................................................................... 7
Task 2 (Report)................................................................................................................ 8
LO2:................................................................................................................................. 8
Title: Illustration of potential impact of law on business...................................................8
Introduction..............................................................................................................10
P3 (a) Employer’s Obligations under English Law in relation to..............................10
P3(b) impact of company law, employment law and contract law on business.......11
M2 Differentiation and analysis of potential impacts of regulations, legislations and
standards.................................................................................................................11
Conclusion...............................................................................................................11
Task 3............................................................................................................................ 12
LO3: Suggestion of Appropriate Legal Solutions to business problems.........................12
P4 Suggestion of Appropriate Legal solutions as per the scenario.............................12
P5 Justification of Legal Solutions that had been offered...........................................12
M3 Positive and Negative Impact of each Legal Solution...........................................12
D2 Critical evaluation of appropriate legal solutions in comparison with alternative
legal advice.................................................................................................................12
Task 4............................................................................................................................ 14
LO4: Legal advice and solutions based on Alternative Dispute Resolution Process.....14
P6 a) Explanation of concepts, types and benefits of using Alternative Dispute
Resolution Process.....................................................................................................14
P6 b) Recommendation of Legal Solutions based on the scenario provided..............16
M4 Effectiveness of Recommendations that have been provided..............................17
Conclusion..................................................................................................................... 18
Reference List................................................................................................................ 19
1

Introduction
Application of business laws in organisations has been mainly done in this study. The
study discusses the basic nature of the legal system followed in UK. Potential impacts
of laws on business have been explained in an elaborate manner in this study. Further,
case scenarios have been provided and the issues have been identified. Proper
business solutions have been provided by appropriately applying the concerned laws.
Alternative Dispute Resolution Process has been given special focus and the study tries
to develop proper understanding of the issues that are faced by organisations.
Effectiveness of recommendations that have been provided has also been given proper
focus in the study.
2

Task 1 (Report)
LO1:
Title: Explanation of Basic nature of legal system
3

Table of Contents
Introduction...................................................................................................................... 5
P1 Explanation of various sources of Law.......................................................................5
P2 Explanation of role of Government in law making and its application in Justice Courts
......................................................................................................................................... 5
M1 Evaluation of effectiveness of legal systems..............................................................5
D1 Critical Evaluation of English Legal System with support of evidences......................6
Conclusion....................................................................................................................... 6
4

Introduction
In this study focus has been put on the basic nature of legal system in UK. The various
sources from which the laws of UK have been developed have been given proper focus
and the study tries to develop an understanding of the legal system of the country. On
the other hand, it is seen that the study focuses on the evaluation of the role of
Government of UK in order to develop laws and regulations for the country. Evaluation
of the effectiveness of Legal Systems in UK has also been considered and critical
evaluation of English Legal System has also been done in this study.
P1 Explanation of various sources of Law
UK Laws have mainly been derived from four principles Sources. These sources have
been formed by proper legislations that have been developed by the UK Governing
Body and the Justice Bodies. Further, there are common laws that have been
developed by earlier parliaments and law making bodies and are still considered with
minute changes made through amendments and acts (Noe et al. 2017). European
Union Laws and European Convention of Human Rights also contribute for the
development of certain laws related to proper development of People. Legislations are
formed with the help of Legislatures that are formed with the help of certain Acts that
are passed in the Parliament of UK and are considered as acts of Parliament. These
laws are some of the countries that are under the Jurisdiction of UK that is England,
Wales and Scotland. These Laws are formed with proper decisions taken by members
of Parliament. Common Laws are used by the legal bodies so that they are able to
provide basic rights to the people of the country. European Union Laws are formed
with the help of proper acts that are accepted by members of all the three countries who
are parts of the UK law making body. Human Rights Convention of UK takes care of the
laws formed as per the Human Rights Act, 1988.
P2 Explanation of role of Government in law making and its application in Justice
Courts
Government of UK plays a major role in development of Laws in the country and tries to
develop proper legal structure for the country. Initially a situation is analysed that
requires development of a particular law that is not available in the country and requires
a law to be implemented. After proper analysis, a bill is raised in the Parliament related
to the incident and members of the parliament try to present their views for or against
the bill that has been raised (Cuomo et al. 2016). After proper presentation of the views
of the members the members present their votes. If the bill is passed from the two
houses of the Parliament, that is house of common and House of Lords they are
considered to be applicable as a law. However, the law considered to be a law only
after it has been duly authorised by the monarch of the country as UK still runs under
Monarchy.
After the Laws are established, it can be properly applied to all business organisations
and for solving issues that are faced by the people of the organisations under the
jurisdiction of the courts of the country. The Judges of the courts try to develop proper
understanding of the laws through its proper application and try to develop further
issues that are faced due to the application of the laws on the country. The issues that
are faced are further dealt with the help of amendments that are used by business
organisations in order to develop their organisational processes.
M1 Evaluation of effectiveness of legal systems
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Legal Systems of UK are considered to be effective as the law making bodies have
been able to develop laws that address all the bodies that are functional within the
country. According to Mason and Harrison (2015), the issues that are faced by all
people of the country are successfully mitigated with the help of the legal system of the
country. On the other hand, it is also seen that government of UK tries to develop their
laws in such a way so that they are able to satisfy all the people of the country and
stand in the side of the truth. Certain issues that are faced by business organisations
are also solved with the help of UK laws that increases its effectiveness within the
country.
D1 Critical Evaluation of English Legal System with support of evidences
Legal System of England is developed by the UK Government as per the decisions that
are taken by the members of the parliament. On the other hand, it is seen that the
organisations also try to develop proper understanding of the legal processes with the
help of particular incidents that take place within an organisation (Kraakman and
Hansmann, 2017). For example, if a person tries to cheat the money of another
company that was supposed to be paid as per the contract, and then complaint is done
against the person as per the contract law of the country. Similar evidences can be
taken as supports to develop proper understanding of the laws that are used in the
country.
Conclusion
In this study, the sources of UK laws have been discussed in complete details so that
an idea of basic theories of law development can be known. In addition to this, it is also
seen that role of Government in development of laws has also been done in this study.
The effectiveness of the laws that are developed has also been discussed in the study.
With the help of supporting evidences critical evaluation of the English Legal System
has been done in the study.
6

Task 2 (Report)
LO2:
Title: Illustration of potential impact of law on business
7

Table of Contents
Introduction...................................................................................................................... 9
P3 (a) Employer’s Obligations under English Law in relation to.......................................9
P3(b) impact of company law, employment law and contract law on business..............10
M2 Differentiation and analysis of potential impacts of regulations, legislations and
standards....................................................................................................................... 10
Conclusion..................................................................................................................... 10
8

Introduction
In this part of the study, the main focus has been given on the ways in which the
organisation can be benefited with the help of various strategies related to employer’s
obligations under UK laws and Legislations. Further, impacts of company law,
employment law and contract law on business proceedings has also been explained as
per the case scenario of the study. Potential impacts of regulations, legislations and
standards on business organisations have also been explained in the study.
P3 (a) Employer’s Obligations under English Law in relation to
Every person providing employment under the jurisdiction of the laws of UK have to
remain aware of the obligations of the employers in order to follow legal manners of
providing employment to all employees.
(a) Employing Immigrants (as defined)
Immigrants in UK need to have proper permissions to stay and work within the
boundaries of the country. The employers need to check the personal details and visa
details of the immigrants and ensure from the government that the person is allowed to
stay in the country (Stephen, 2018). As per the Immigration Act, 2016, the immigrants
are allowed to work in the country for living or requirements of them are granted
permission by the government to stay and work in the country.
(b) Occupational Health and Safety
Laws of Health and Safety at Workplace need to be implemented by the management
of business organisations and maintain proper health among the employees of the
organisations (Chaplin and Davidson, 2016). Employees at organisations of UK are
taken proper care by implementation of Health and Safety at Work Act, 1974.
(c) Equal Opportunities
All employees at UK are provided with proper opportunities of employment by proper
implementation of the Equality Act, 2010. As per the Act, it is seen that all employees
at UK are given equal opportunities of employment without being discriminated on the
basis of their caste, creed, sex, gender or colour.
(d) Data Protection
Personal Data of employees at UK are protected as per the directives of EU Data
Protection Directive of 1995 and the revised Data Protection Act, 1998 and Data
Protection Act 2018. All these acts follow the system of keeping the personal data of
the employees in a secret manner so that it is not used by other organisations or people
without prior consent from the people.
(e) Employing Ex-Offenders
Employment is given to the ex-offenders of the country as per the rules given by the
legislations of Rehabilitation of Offenders Act 1974. This is maintained so that the
people convicted of certain crimes in the country do not suffer throughout their life for
the crime. People of the country convicted of crimes are given employment
opportunities after their rehabilitation periods are over (Cohen, 2017). A relatively minor
offence of the past is looked over and people are given opportunities.
(f) Slavery and the Workplace
Slavery of people at Workplace is under the jurisdiction of the Modern Slavery Act,
2015 of UK. As per the act, it is seen that the people of the country are protected
against trafficking and certain acts of slavery that are followed in the people among
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people of lower economy. Strong decisions against the people are found involved in
such acts of promoting or doing trafficking of children and employment.
(g) Harassment and the Workplace
Harassment at workplaces is controlled by implementation of the Equality Act, 2010
and UK workplace Sexual Harassment Code 2019. All employees are protected as
per the policies of these acts and proper workplace environment is provided to them in
order to achieve better performance.
P3(b) impact of company law, employment law and contract law on business
Impact of Company Law
UK companies follow the Company Law 2006 and the policies of the legislations turn
out to be both positive and negative for business organisations (Andrews, 2011). As per
the law, all companies need to be a proper tax holder of the country in order to develop
proper registration from the government. Apart from these, legal advantages can also
be provided to the company only after its proper registration. Company Laws protects
the company against harmful consequences during recession periods and also helps in
maintaining proper services from the employees.
Impact of Employment Law
Positive impacts of Employment Act 2002 of UK is that business organisations are
able to develop proper number of loyal employees as the remuneration and other needs
of the employees are catered to (Dignam and Lowry, 2012). The employees are seen to
be satisfied as the policies of business organisations are developed providing proper
attentions to demands of customers and employees increasing their values.
Impact of Contract Law
Contract Laws turn out to be helpful for both the parties involving in the contract as they
are bonded with the help of a legal documented and thus there are reduced chances of
cheating. As per the view of French et al. (2012), Business organisations are able to
develop confidence with the help of contract laws as there are reduced chances of loss
of money. People also avoid legal difficulties and maintain the terms and contracts of
the contract as long as the tenure period is continuing.
M2 Differentiation and analysis of potential impacts of regulations, legislations
and standards
Potential impacts of regulations, legislations and standards of business organisations
are mostly seen to be positive. This is because of the fact that these legislations and
regulations are formed mainly for the advantage of these business organisations and
they are able to develop proper amount of profits by following these legislations
(cambridge.org, 2019). Standards of legislation and regulation in UK are maintained in
such a way so that the employees are able to develop proper outcomes of their works.
Conclusion
In this study, the potential impacts of UK business laws have been discussed. With the
help of the definitions of various obligations of employers, the laws and legislations that
have to be followed are discussed in the study. Impacts of the law have also been
discussed in the study. Potential impacts of regulations, legislations and standards that
are followed in business organisations have also been discussed in the study.
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Task 3
LO3: Suggestion of Appropriate Legal Solutions to business problems
P4 Suggestion of Appropriate Legal solutions as per the scenario
P5 Justification of Legal Solutions that had been offered
M3 Positive and Negative Impact of each Legal Solution
D2 Critical evaluation of appropriate legal solutions in comparison with
alternative legal advice
a)
To Judith,
Date:
Sub: Letter towards maintenance of proper Contract and Employment Legislations
Dear Judith,
This is to bring into your attention that there has certainly been a breach of legal
legislations by Mr. Timberlake when he unethically dismissed you from the job. This is
because of the fact, that the person is implementing his personal anger and issues of
personal life into his business that is causing breach of legal laws and it is harming
people.
From the scenario it can be clearly stated that the person has a negative vision on
Croatians after the divorce, however, that is a personal issue and he has to solve it on
his own. This personal issue cannot impact on the breach of laws related to
employment, human rights and contracts. From the case study it is seen that you have
completely spoken for your country and challenged the person by asking reasons for his
negative behaviours towards Croatians. As per the Employment Act and Equality
Act, all people have the right to get employed in an unbiased manner in any
organisation of the country properly on the basis of their merits. Apart from that, as
Judith was already employed, she cannot be dismissed from her job suddenly without
any prior information. Further, the reason of dismissal needs to be proper so that the
employee knows their mistakes. However, Judith certainly cannot be dismissed as she
is still under the terms and conditions of the contracts of her employment.
As suggestions towards the legal challenges faced it can be advised to Judith that she
needs to complain against Mr. Timberlake and take legal proceedings. She needs to
complain against him about breach of Employment, Equality and Contract Law. She
needs to ask for proper reasons towards her dismissal and develop proper outcomes of
the unethical act done by Mr. Timberlake even after being part of a contract under the
legal jurisdiction of the country.
From
(name)
b)
To Ms Dumbo,
Date:
Sub: Letter towards proper application of Insolvency law in order to claim rights
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