Impact of UK Law on Business Operations: A Comprehensive Report

Desklib provides past papers and solved assignments for students. This report examines UK business law, covering legal structures and dispute resolution.

Business Law
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Table of Contents
Introduction...................................................................................................................... 3
Section 1.......................................................................................................................... 4
Task 1- (LO1 & LO2)........................................................................................................4
a) Discuss the meaning of this statement and discuss the various sources of UK
Laws (P1)...................................................................................................................... 4
b) Explain the role of government in the lawmaking process and how statutory and
common law is applied in the justice courts (P2)...........................................................5
Recent reforms and developments in the legal system (M1).........................................6
c) Use specific examples to illustrate how the company, employment, and contract law
has a potential impact on business (P3)........................................................................7
Impacts of regulations, legislation, and standards (M2)................................................9
Evaluation of the legal system and law, with evidence drawn from a range of different
relevant examples to support judgments (D1).............................................................10
Task 2- (LO3)................................................................................................................. 11
Explore how different types of business organisations are legally formed (P4)...........11
Explain how business organisations are managed and funded (P5)...........................13
Assess the advantages and disadvantages of the formation of different types of
business organisations (M3)........................................................................................15
Critically review and evaluate types of business organisations (D2)...........................16
Section 2- (LO4).............................................................................................................17
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In both cases, you are to recommend an appropriate legal solution to resolving the
disputes using case laws or statutes to support your recommendation (P6)..............17
Compare and contrast different sources of legal advice and support for dispute
resolution (M4)............................................................................................................19
Evaluate the effectiveness of legal solutions, legal advice, and support for dispute
resolution (D3)............................................................................................................ 20
Conclusion..................................................................................................................... 21
References.....................................................................................................................22
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Introduction
Business law is a very important part of achieving the profitability and productivity level
of the business. The main aim of the business law is to guide the business with the
applicability of the laws in different areas of the business. The main aim of this
assignment is to provide knowledge about the different laws that are applicable to the
business and assist in examining the impacts of the laws on the operations of the
business. This law also assists the business in the process of decision making. It also
assists in identifying the legal solutions and advice to the business owners. It also
assists in examining the impacts of the law on business operations and inviting various
options for funding and investing in the business. It will also assist in providing the level
of understanding in relation to the responsibilities of the director. It also depicts the laws
that assist in employment law applicability and enhance the relationship between the
employer and the employees. For providing the solutions of the legal cases the role of
the Alternate dispute resolution methods assist in resolving the disputes between the
parties with the assistance of its various methods.
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Section 1
Task 1- (LO1 & LO2)
a) Discuss the meaning of this statement and discuss the various sources of UK
Laws (P1).
In the UK, the Parliament is Sovereign as it is the supreme and topmost authority that
has the power to create or end of any laws. The courts cannot overlap the legislation
that is enacted by the Parliament and has the power to pass such laws that cannot be
amended by the Parliament of the future. Parliament is supreme in over all the
institution of the government in the UK. In this regard, there are various sources of the
laws in the UK such as:
Figure- Sources of UK Laws
Source- By Author, 2019
European Union Law is the law that assists the Union to make laws for the members
of the EU and its members are abide to follow all the rules and regulations that are
enacted by the EU (Countouris, 2016).
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EuropeanUnionLegislationCommonLawInternationalC

Legislations are the laws that Parliament enact and the Parliament has the power to
enact the laws and making the laws as required. There are several purposes of this law
which includes regulation, declaration, grant, restriction and satisfying the laws as per
the requirement.
Common Law is the laws that are practiced by the people of the particular group or the
society or the community that follow any customs for a long period of time.
International courts are the courts that assist in resolving the disputes between the
different countries. These are formed with the assistance of the treaties or agreements
(Yu, 2017).
Court structure of the UK
In the UK, the structure of the court is categories into various stages which include the
County Court which entertain the trials of civil cases. The Family Court is the courts that
entertain the matters of the family cases. Magistrate Court deals mainly with criminal
cases but sometimes also deals with the matters of civil nature. The appeal lies to the
upper court from all these courts known as Crown Court that entertains the trials of all
the indictable and criminal offenses. The appeal lie from this court is made to the High
Court which hears the appeals of all the three divisions and its appeals lie to the Court
of Appeal either on civil or criminal cases. Appeal against the Court of Appeal lies to the
UK Supreme Court.
In the applicability of the laws, there is a difference between civil and criminal laws. Civil
laws are the laws that concern with the resolution of the disputes concerned with the
individuals and the businesses (Maffini, et. al., 2016). The remedy provided under this
law is to provide compensation to the aggrieved. Criminal law is the law that dealing
with the crimes against the whole society.
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b) Explain the role of government in the lawmaking process and how statutory
and common law is applied in the justice courts (P2).
In the procedure of making the law the government part is essential and crucial. In this
regard, the law is enacted as per the requirement of the nation by following the proper
procedures of making the bill as a law. For this, the Houses of Lords and Commons
assist in passing the laws by presenting the bill as per the draft. This process includes:
The first stage of the bill where the bill content is read out among both the houses and
this stage is termed as the First Reading stage.
The second stage is the stage where the bill is discussed in detail and where the
member’s if the houses assist in any changes that are required under the bill. This stage
is called the Second Reading stage.
After that, the bill is considered the changes and does the scrutiny for implementing the
changes. This stage is called the Committee stage (Stephen, 2018).
The next stage is the stage where the changes are reconsidered in this stage which is
known as the Report stage.
For implement the final changes in the bill the members voted for the changes in the bill,
this stage is called the Third Reading.
After the bill received both the Houses members the bill the final Queen consent is
required. With receiving the final Monarch consent the bill is converted into the law.
Statutory law is the uppermost law where the bill is passed with the consent of the Lords
and Commons House. Some of the statutory laws are the Employment Rights Act,
1996, the Equal Opportunity Act, 2010 and other acts. On the other hand, the Common
laws are the laws where the subordinate courts are bound with the decision of the
superior courts.
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Recent reforms and developments in the legal system (M1).
With the emerging of the legal system of the UK, there are various reforms and
developments are implemented for the growth and development of the country. In this
context, the Virtual courts are one of the reforms which play an important role in
resolving civil disputes with the assistance of the internet. The next reform is the reform
of adoption of the methods of ADR that assist in reducing the burden of court and
provides the parties to the quick justice (Saeb, et. al., 2018). The other reforms are the
step which is taken by the government is to educate the people about the laws of the
country.
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c) Use specific examples to illustrate how the company, employment, and
contract law has a potential impact on business (P3).
Figure- Applicability of laws on the business
Source- By Author, 2019
Company Law is the law that guides the corporations to administer the business
function in an ethical manner as per the Companies Act, 2006. The main aim of this
act is to make the directors responsible to work for the benefits and in the director’s
interest. As per this law, the directors are responsible for taking the important decisions
of the business so as to enhance the value of shareholders. In this regard Section, 171
to 177 abides the directors to perform their responsibilities as per the company policy of
the act. The positive impacts of this act on the business are that it abides the senior
authorities to perform as per the business rules and regulations (Kalika, 2018). If the
Company law is not applied correctly then the respective authorities are penalized for
their false actions.
Employment Law is the law where the provision is governed under the Employment
Act, 2002 where it assists in maintaining the relationships between the employers and
employees. This act provides guidance for the rights of the paternity, adoption leave,
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and payment. If this law is correctly followed and applicable than it positively motivates
the employees so that each and every employee get the payment according to work
allocated to the workers. If it is not applied correctly on the business it reduces the
satisfaction level of the workers and the cream employees of the business commence to
leave the company. Due to this company can bear a huge loss in terms of both the
profitability and productivity level of the company.
Contract Law is the law that assists the business and the individual’s contractual terms
and conditions and also assists the business in deals with the issues related to the
contract. The main aim of this law is to protect the rights of the contracting parties
against unfair dealings (Ashworth and Perera, 2018). It protects the parties of the
agreement against any misleading provisions in the contract. If this law is applied
correctly then it impacts in a positive way on the business as it protects the rights and
conducts the responsibilities as peer the contract in a fair and transparent manner. On
the other hand, if this law is not correctly applied then the business or any individual can
suffer from the losses. The provisions under this law are guided as per the English
Contract Law.
Data Protection is the law that is guided under the provisions of Data Protection Act,
1998 as it ensures that the protection of the data of the employees as well as the
business information privacy is also maintained (Wachter, et. al., 2017). This act is
positively impacting on the business if it is applied correctly and assist in maintaining the
privacy of the information. Further, if this is not applied correctly then it hampers
business privacy.
Competition Law is the law that guides the businesses to conduct the competition in
the market against the competitors in a fair and transparent manner (Campbell and
Grimes, 2018). If this law is correctly applied then it impacts the business operation in a
positive way and also makes the business competitive and enhances the image of the
company in the competitive world. It also assures then the business indulges in fair
practices while entering into the competitive world.
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Impacts of regulations, legislation, and standards (M2).
The impacts of the legislation, standards, and regulations play an important role the
country growth and development. Regulations guide the business with the laws of the
government so as to consider the business activity ineffective and efficient manner. For
instance, the General Data Protection Regulation assists the business to protect their
information with the competitors as well as the hackers and the other one is health and
safety regulations. Legislations are the laws that assist in regulating the function of the
country and the Parliamentary laws are not challenged by the courts. For instance the
health and safety legislation, consumer protection and other related legislation.
Standards provide guidance of the guidelines that are abided on the businesses while
manufacturing of the company products and services. These are also assisting in
providing protection to the consumer’s health and safety against unfit products. For
instance, the food-related standards that abides by the food business to follow all the
specific standards that are important to maintain the fitness of the food (Alia, et. al.,
2017).
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Evaluation of the legal system and law, with evidence drawn from a range of
different relevant examples to support judgments (D1).
The UK litigation is the process of time-consuming that requires time to provide the
parties justice and the parties have to wait for a long time to get the fairness and justice
in the case. According to the principle of the Stare Decisis, where the subordinate’s
courts are bound with the decision of the superior courts where the lower courts are
bound with the facts that are of similar nature (Adams, 2016). There is positivity also in
the litigation system where the courts are bound to follow all the rules and regulations
as per the laws. In the case of Robinson v White makes the subordinate courts
responsible for the decisions of the higher courts.
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