Business Law Assignment: Case Studies of Amber Ltd. and Champion Ltd.

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Business Law
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Contents
INTRODUCTION...........................................................................................................................................3
SECTION 1....................................................................................................................................................4
TASK 1......................................................................................................................................................4
(LO1 and LO2)..........................................................................................................................................4
TASK 2..........................................................................................................................................................8
(LO3)........................................................................................................................................................8
SECTION 2..................................................................................................................................................12
(LO4)......................................................................................................................................................12
CONCLUSION.............................................................................................................................................16
REFERENCES..............................................................................................................................................17
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INTRODUCTION
Business Laws includes all those laws that lay down the basics of how to commence a business
and further carry out its operations. Also, these laws help the new and already existing
businesses in making sure that no injustice is done with them (Allen and Kraakman, 2016).In
terms of business activities, business laws assist businesses that are not so powerful in
protecting and securing their rights against unfair practices. This assignment will also discuss
how business laws can be applied in businesses with its implications in the decision making
process for the business and also, the operations that are carried out in the organization (Allen
and Kraakman, 2016). The sections in the assignment will lay an understanding of the legal
systems that are followed and the impact that legislations have on the businesses. It will also
deeply discuss the part that the government plays in the process of decision making.
Furthermore, the impacts of a few regulations on the businesses would be discussed. In the
end, there are two case studies of Amber Ltd and Champion Ltd would be discussed and
solutions related to the case studies would be provided keeping the business as a base (Allen
and Kraakman, 2016).
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SECTION 1
TASK 1
(LO1 and LO2)
In the United Kingdom, when the session of parliament is commenced, an event is conducted
with the name of "State Opening of Parliament”. As the State of opening, there is a speech
delivered which is named as the ‘Queen’s speech’ by the queen or the king of the country
(Craig, 2018). This is a lavish ceremony that is conducted to present the history, politics and
culture of the British to the viewers of television and also the masses.
I. PARLIAMENT SOVEREIGNTY
The parliament is considered to be sovereign in the constitution of the United Kingdom. This
principle makes the parliament the most superior authority in the United Kingdom which can
create any law and adjacently can obscure any law created (Craig, 2018). Here, no parliament
can provide laws that cannot be transformed by the future parliament. Parliament can be said
as the supreme authority of the United Kingdom. This concept makes sure that the parliament
of the United Kingdom has dominance over other legal institutions including the judicial and the
administrative bodies. They can also replace the present governing authority that exists. The
doctrine of the parliamentary supremacy has been evolved which states that the parliament
can pass laws related to the current judicial body and then no one can limit the forthcoming
judicial body as they do not have the power of making any law that can’t be transformed by the
forth coming parliament. This showcases the ultimate and the final supremacy of the
parliament (Craig, 2018).
This parliament of the United Kingdom holds the most superior authority because there is no
written format in the United Kingdom’s constitution that can stop the parliament to make a
move in a specific way. Also, parliamentary sovereignty is considered to be a vital part of the
constitution of the United Kingdom (Craig, 2018).
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II. GOVERNMENT’S PART IN THE LAW MAKING PROCEDURE
Government plays a very important part in the process of law-making. There are many
proposals that are proposed by the government (Gee and Young, 2016). And the parliament
formulates and passes the laws which are a result of the proposals made by the government.
There a few stages in the process of law-making:
 General elections are being conducted wherein the agenda of the government is
analyzed and chosen.
 The issues of the agenda are opened by Socio-economic situations.
 In the agenda of the government, the operations are conducted jointly.
 Issues are identified in a proper manner (Gee and Young, 2016).
 An appropriate consultation is done of the boards, political parties and the ministers.
 The proposals are created focusing on the people and their social structure.
 Proposals are made by the counsel of the parliament.
 Introduction of the Bill in sessions of the parliament.
 The bill is approved by the two major Houses of the United Kingdom that is the House of
Lords and the Commons.
 The bill is then changed in the final act (Gee and Young, 2016).
Statutory law related application
The statutory laws that are there are in a written format and are under certain legal bodies.
These differ from the administrative laws and the common laws based on the decisions
delivered by the court. Various acts related to private and public acts are presented in the
framework of law from specified regions of the United Kingdom. (Gee and Young, 2016).Based
on this situation, the parliamentary house passes laws so that they get approval by using tools
like minor orders, rules, etc. as a tool of statutory law. The local government section and the
state codes have additional rules and regulations based on the approvals. A written structure
has been there in statutory laws (Gee and Young, 2016).
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Common laws related application
These laws are taken when the judgement of the court is passed. The judgement that is carried
out is based on the legal documentation and the related cases in the court. The House of Lords
makes a decision of the legal procedure based on the intensity of the crime when the case is of
crime division court and crime related problems (Hudson, 2017). When there is a special case,
the judges’ take assistance from various EU laws for resolving the issue.
III. POTENTIAL IMPLICATION OF THE LAW ON THE BUSINESS
Company Law
Company law, also called as business or enterprise law under which there are certain rules and
regulations that revolve around these laws, also company law has its own specified identity
which is mainly taken as of its own (Hudson, 2017). The rules and regulations that surround this
law help the company in the creation of some wealth with ease in assistance with the required
capital and corporate governance. Furthermore, the business is considered to be a vital part of
life that has distinct policies, rules and regulations depending upon the type, size and
functioning of the enterprise (Hudson, 2017). Also, the rules and regulations of the business are
solely dependent on how the business is conducted and functioned appropriately.
Example,
Companies Act, 2006 is the most appropriate example of company law because this act lets to
maintain a positive environment as well as a positive implication in the company. Also,
Companies Act, 2006 is a very vital part of the legislation that is mainly governed by the United
Kingdom’s company law (Hudson, 2017).
Employment Law
Under the employment law, a hiring process is conducted which mainly includes the interview
of the prospects which is taken by the company (Rose, 2016). During the interview, the
interviewer asks various types of questions and if the candidate can answer them then on that
basis it becomes easy for them to hire. On this basis, the labelled employee of company
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contractor will explain differently. The hiring and firing in a company occur through the
employment law that is why it has a vital role in an organization (Rose, 2016). Also, the
employees lose their jobs based on employment law. This employment law helps in protecting
the interests during specific times like layoff, termination and various other issues that might
affect the unemployed people (Rose, 2016).
Example,
Equality Act, 2010 is the most appropriate example of employment law. This act legally protects
the staff of the organization from facing discrimination at the workplace. This act emphasizes
the part that everybody working in the organization should be treated equally and there should
not be any sort of discrimination happening (Rose, 2016). This act replaces all the other anti-
discrimination laws. This can be set up in different ways in society.
Contract Law
The contract law, the whole jurisdiction was decreased and based on that certain principles are
also decreased that is made for regulating and enforcing the working pattern of the contract
(Poole, 2016). This approach affects the business when related to this law. Also, all the
approaches like these are dependent totally on this law.
Example,
Unfair Contract Act, 1977 is the most appropriate example of contract law. This act mainly
regulates some contracts that are banned by the operation and some legal issues related to the
contract term (Poole, 2016).
The above-explained laws affect the business in various ways, which the business has to analyze
and understand and follow them according to their way of carrying out operations. These are
the laws which have an impact on the businesses (Poole, 2016). When these laws are followed
the company gets to see a positive impact in their organization.
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TASK 2
(LO3)
Few friends have established a small scale organization named JPM. They want to seek funds
for expanding their business. The legal implications based on the regulations on the business of
JPM are:
I. HEALTH MEASURES AND SAFETY REGULATIONS
A. Workplace Act, 1992 (Safety, Security and Health)
Workplace act came into existence in the year 1992. This act protects the interests of the
employer by providing safety (health) and the security needs of the employer. This act has
many impacts on the business and its operations which are explained as follows: The employers
should be given proper eating, workspace, and lighting and ventilation facilities (Ross, 2018).
Proper and adequate facilities should be provided to the employee working that includes water
facilities, tea-time facility, secured passageways, etc. (Ross, 2018). This act brings a positive
environment in the workplace which helps and motivates the employers to achieve their
desired goal. This act also helps in improving the productivity of the people at the workplace.
Also, this act makes sure that that the staff must be provided with the healthy, safe and secured
environment to work, for which the organization can provide facilities like sanitation,
ventilation, enough workspace, etc. (Ross, 2018).
B. Health and Safety management Act, 1999
Health and Safety management act came into existence in the year 1999. The duties that the
employer has to play under this act can have a major implication on the business which can also
be established and carried out in the businesses are explained as: this can be implemented by
measuring the risk with the health and safety of the employees and identifying the risk and
processing according to the risk (Holt and Allen, 2015). The duties include recruiting the
employees who have the ability and competence for the required job position overlooking the
health and safety at the workplace. This act also has its policy of safety and health in a written
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format (Holt and Allen, 2015). This act has a positive effect on the businesses which can be
proven by providing adequate safety and security of the staff in terms of the health. Here, JPM
also needs to make sure about the health and safety management regulations (Holt and Allen,
2015). For ensuring that the staff is getting adequate health and safety measures at the
organization, it has to assess the risk and provide simultaneous training to the staff related with
the same. This will provide the staff of JPM to feel motivated towards their work.
Therefore, there is an impact of the health and security act at the workplace in a positive
manner which will drive the employees in a positive way leading to achieve more profit for the
business and positive in carrying out operations of the business (Holt and Allen, 2015).
II. EQUAL OPPORTUNITIES GIVEN TO ALL
Equality Law
Equality law emphasizes on the part that no sense of discrimination occurs among the staff
working in the organization based on age, gender, marital reassignment, caste, race, disability,
etc. as these all are against the law (Emens, 2017). It outlays the discrimination and partiality in
part of education, private services and public services. This combination of the statutory tools
helps in banning the partiality in assistance with the status of work, employee fixed terms,
unions, worker, etc. When the staff is treated equally without any discrimination then they feel
positive and motivated about the organization and they tend to work hard to achieve the
desired organizational goal (Emens, 2017).
Trade union and Labour Relations Act
Trade union and Labour relations act emphasizes on the rights and judicial duties of the trade
unions where the interest of workers have to protect for organizing a union. It makes sure that
the framework for engaging the union and arranging the staff for creating a positive and
amicable environment at the place of work. Also, the rights of the trade unions should be kept
in mind because they have a right to make a union (Emens, 2017). It is important for the
company to protect the rights of the workers because the productivity of the organization
depends on the productivity of the workers working there.
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Equality Act, 2010
Equality act came into existence from October 2010 which emphasizes on protecting the rights
of the staff legally against the discrimination at the organization. It also makes sure that there is
no discrimination based on gender, race, or any other related issues (Emens, 2017). This act is
noticed at the time of hiring and ensures that there is no sort of partiality when recruiting and
selecting a person and further there should be no discrimination in the organization. Staff in the
organization should be given equal treatment by assigning them to work based on the skills and
the job position that they are in and not on the bases of age, sex, caste, etc. This helps in
motivating the employees to work better for the organization (Emens, 2017).
The act implies that the effect it has which encourage the identification of discrimination,
partiality, sexual harassment and victimization. To make sure that practices like these are not
followed the parliament has passed some laws regarding the effective and timely resolution of
the issues like these so that the business can carry out its operations in a smooth manner and
best practices are followed. This act also helps in making the employees feel their worth and
motivate themselves in a positive manner (Emens, 2017).
III. GENERAL DATA PROTECTION REGULATION (GDPR)
GDPR came into existence from May 2018. This act was incorporated to emphasize protecting
and safeguarding the personal information of the staff members that cannot be shared. It
makes sure that the customer’s information is handled with safety (Carey, 2018). This
regulation came into action for protecting the data of the customers which is confidential and
personal. This is a big step taken by the government to protect the database of the clients. Also
the government passed this Data Protection Act in 2018 so as to obscure the existing Data
Protection Act of 1998 (Carey, 2018).
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