Business Law Report: UK Legal System, Contracts, and Employment

This report delves into the intricacies of UK business law, commencing with an overview of the UK legal system's structure and sources. It explores the roles of governing bodies in law design, emphasizing the importance of legal frameworks. The report then illustrates various contract laws and employment regulations, highlighting their potential impacts on businesses. Section B offers legal solutions for a range of business issues, including practical applications and justifications. The analysis covers critical aspects such as health and safety legislation, equal opportunities regulations, and GDPR, providing insights into their implications. The report concludes by assessing the effectiveness of the legal framework in ensuring business compliance and fostering a secure environment for employees and organizations, providing essential information for students.

Business law

TABLE OF CONTENTS
Table of Contents.............................................................................................................................2
INTRODUCTION...........................................................................................................................1
SECTION A.....................................................................................................................................1
TASK 1............................................................................................................................................1
P1. Structure and sources of legal system of UK...................................................................1
P2: Role of governing bodies in law designing......................................................................3
TASK 2............................................................................................................................................4
P3: Illustration of various contract laws and employment have potential impacts on business
................................................................................................................................................4
SECTION B.....................................................................................................................................6
TASK 3............................................................................................................................................6
P4: Suggestion of legal solution for a wide range of business issues....................................6
(a): 1........................................................................................................................................6
ii): Amber ltd..........................................................................................................................7
P5: (b): Justification of an alternative legal solution..............................................................8
TASK 4............................................................................................................................................8
P6: Effectiveness of Legal framework..................................................................................8
CONCLUSION................................................................................................................................9
REFERENCES..............................................................................................................................10

INTRODUCTION
Law is an appropriate system of rules and regulations that is needed to be followed by the
society or other legal authorities. It is developed in respect to deal with various crimes,
organizational agreement and social relationships. Business laws are said to be that form of
regulations which consists of certain aspects such as starting a new venture, buy, manage and
windup or selling of any specific kind of business. One of the primary reason behind considering
legal norms is to make client satisfy with the decisions that are made in order to get more reliable
outcomes in coming period of time.
This particular report is providing crucial information about two sections. The one is
related with discussing various sources of UK laws and role of government in preparation of law
that are applied in the justice court. Apart from this, the potential impacts of law on a business
are mentioned under this report. Recommendation of some legal solution for a wide range of
business issues and on that basis certain justification for the use of legal solutions are made
effectively.
SECTION A
TASK 1
P1. Structure and sources of legal system of UK
UK legal system is dynamic these days and were coordinated to protect the citizens’
rights. These are associated with the framed legislation through courts as well as generally who
create the nation's laws. The framework of English legal consist of numerous legislation that are
designed or framed through European states for overcoming and reducing fraudulent practices
that is incurring at the marketplace (DiMatteo, 2010). Along with it, government is rapidly trying
to reduce the issues of business along with preventing innocent individual from being exploited.
Generally, English legislation system is categorised into two distinct parts such as criminal as
well as civil law. These two segments are entirely distinct from each other in numerous aspects
which is discussed here: Civil Law: As per the components of business, entire private or every day issues are resolved
under the division of civil law. For e.g. issues associated with business organisations and
many other.
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 Criminal Laws: Whereas, if the happenings of any activities or accidents or criminal action,
exploitation. Harassment as well as any immoral practices then that conflicts is portrayed for
trail in juridical court.
Thus, this can be considered or demonstrated that both of these legislation are different
from one another but somehow this is familiar due to their major objectives which are to reduce
frauds from the society and marketplace by imposing distinct policies and legal norms. Beside
this, nowadays, this is the time to consider the key origin of numerous laws that has extensive
role in the international business platform. Some of the key law sources are mentioned here: Constitution: Parliament of United Kingdom was structured and designed with suitable
regulations and rules for whole community or society cause of the emerged issues and
enforcing numerous laws through the assistance of General assembly members. This refer to
the constitution of several laws and acts which are framed with the cause of modifying
existing acts and laws efficiently (Crane andMatten, 2016). Despite this, England and UK
constitution is observed as known and unwritten as common law overall.
 Case Law: various distinct practices and miscommunication incurred at the social and
community place that may lead to numerous issues in living and surviving of common
individuals of country. In regard of avoiding those issues. Legislative bodies get motivated to
cater some unique restriction and ideas for imposing some fundamental acts in entire country.
For e.g. harassment in British rule was emerging which were leading to unsafe environment
to the female of whole country and framing the men dominating world. As the outcome, legal
bodies are more evolved in the framing of suitable norms and laws for female in order to
facilitate them proper service, protect their dignity and empower them for benefiting their
own.
Beside this, numerous other sources can also be recognised at the marketplace for e.g.
association and more. Generally, these sources are contributing vital role in forming peaceful
market environment effectively. Common law can be considered as the legislative body carried
out from the court's judicial decision as well as similar tribunals and their traits emerged as the
precedent. In the specific case, where the groups and parties disagree on which law is required, a
common legislation court present to previous pre-judicial judgements of authentic courts
associated on the specific facts.
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P2: Role of governing bodies in law designing
This the legislation rile by which environmental peace can be managed that assist people
to live more freely and liberally in the state (Bodie, Kane and Marcus, 2014). Governing bodies
has been plating eminent part in the planning suitable norms and laws at societal place in regard
of governing or reducing exploitative practices for maintaining elements in more significant
manner. With this, numerous staff member of general assembly is also engaged in whole process
as numerous consents of them are also required for passing the proposed act. Primarily,
individual agenda, and purpose get emerged in UK Parliaments that further lead to the next state
of becoming bill. In the last stage, Queen's speech at the Parliaments opening is conducted for
finally passing bill with authentic procedure. Hence, require readings are essential to express
which are discussed as below: First Reading: In the initial stage, bill arrives to the General Assembly for the further
discussion as well as in the phase, the whole proposal is presented among the entire team
members for the first time. Second Reading: In the next phase, bill is debated through each MPs for considering the
major purpose and agenda. In fact, process of voting is also outlined for acquiring
presented individual's consent.
 Committee Stage: Whole bill is managed to scrutinize or evaluate in this stage for setting
the in-depth information (Bagley, 2010). However, experts have extensively important
role in this stage for evaluating entire proposal agenda that is discussed or portrayed for
managing for transforming into act.
 Report stage: under this stage, report is requiring to strongly design where effective
amendments are taking place along with an adequate debating procedure. With the help
of this stage, anyone could defend their case in an effective manner so that they might
have a chance to get favour case.
 Third Stage: In this stage, bills which are made by appropriate committees are now re-
proposed in front of house of commons for forthcoming debate and vote about reducing
or acceptance of particular bill.
 Last stage: In the end, this is the time to get consent from monarch to enact bill during
marketplace. This simply means that final phase is about to get final judgement for
modifying certain laws throughout the societal place.
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Legislation, executory and judiciary bodies are the common bodies of democracy and each of
them has their independent role for doing their respective roles. Legislative body makes laws,
that were made to simply live their life as per the law. This has to be compiled by the executory
body that is elected government (Swartz, Cole and Shelley, 2010). Which made provisions,
prosecution and penalties. If anyone resist these laws in that case, executory body react as per the
rules and regulations which have made in the Act.
TASK 2
P3: Illustration of various contract laws and employment have potential impacts on business
According to the mentioned case study, it has been found that three of the friends (Jane,
Penny and Marie) has established a new company as a small company after the completion of
graduation degree. After making further analysis, it has been decided by the accountant to raise
sufficient amount of capital for the purpose of expansion of their business (Kinicki and Kreitner,
2012). With this there are certain implication which are associated with them. Some of them are
discussed underneath:
Health and safety legislation: Protecting company and their employees from the illness or
any kind of injuries at the workplaces is utmost important for any organization. By doing so they
will feel safe and motivated in creating wealth for the company for longer period of time. This
will make health business sense to get associated with the knowledge and skills to make
modification in safety to work. This is present to protect the worker and business owners up to an
extent. By doing so there are various vital benefits such as:
 Elimination in total number of working time or day lost due to the illness and other kind
of accidents.
 For the purpose of long term retention of staffs or employees.
 Protecting the goodwill of JPM company.
Health and safety at work act 1974: It is considering as primary piece of legislation that
covers health and safety at the workplace. This legislation lays down the employer’s roles and
responsibilities for the purpose of evaluating health and safety at the workplace premises. This
would limit JPM Company’s employer’s responsibility to what reasonably practical is means.
Health and safety law need to be use of management to make utilization of common sense in
evaluating total risks that are affecting the performance of reputation of JPM company in near
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future are easily be detected (Eren and et. al., 2012). Some vital aspects are needed to be taken
into account such as:
 Getting the word out: It is necessary to determine that every staff must be aware of all
rules and regulation that they are retaining the appropriate health and safety training to
overcomes the risk of any unethical hazards.
 Use of computers: This seems to be consider as one of the legal needs that employees
that are associated with the work on screen based activities are provided breaks and
variations in tasks.
Equal opportunities regulations: According to this act, it has been identified that selected
firm needs to maintain the equality at workplace in order to control the possibilities of
discrimination. In fact, every individual wanted to work in a safe and secure environment in
order to attain their personal and professional goals in a defined time frame. However, legal
bodies are focusing on maintaining the equality between staff members which automatically
impress the workforce towards selected firm. Hence, equal opportunities of success are provided
by enterprise to their employees for maintaining the positive relations which resulted in
establishment of positive goodwill of an organization at marketplace. In facts, JPM company
needs to get involve in expanding its business in other nations for setting their reputation. The
owner of the company requirement to maintain safety and create opportunity for employees so
they can groom their image for them in longer period of time.
GDPR (General data protection regulation): The internet has been drastically modified in
the ways for communicating and handling everyday activities those are done within an
organization. This regulation has been implemented in dealing with all local privacy laws across
the various EU. Personal data is said to be valuable data that are related with an individual such
as name, photo and email address as well as bank details and social networking aspects. This
new data protection rules puts the client in the balanced manner (Johnson, 2013). The task of
complying with regulation fall on business that are operated by JPM company. There are certain
tough penalties for those companies that does not comply with GDPR fines such as of 4% of
total earning or 20million Euros.
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SECTION B
TASK 3
P4: Suggestion of legal solution for a wide range of business issues
As per the mentioned case scenario, it has been seen that one of the London-based
company which is known as Champion ltd that is associated with making payment of cash for
expanding the business in North London (Foss and Knudsen, 2013). This is done for the purpose
of building of a new stadium by a premier club. In this process, they need to face some kind of
loss in client. The process is mainly helpful by securing a creditor to make realizing of their
secured property.
(a): 1
In order to deal with the agreed creditors, it is more often consider as best part and portion
of releasing a business and walk with a very fine line of controlling everyone’s expectation. A
creditor that is owned capital and does not taken into account any kind of claim over the
utilization of companies’ total assets. The main important power that creditors which would have
under the companies act to deal with the organization liquidation procedures.
Winding up petition: It is considering as one of the effective order made to a court that
forces an insolvent organization in case of compulsory liquidity. In this process, court used to
appoint an official to liquidate every company’s assets in respect to make payment to creditors.
As it was seen in the mentioned case that Champion ltd is not able to make the payment to their
creditors that they are taken during the time of expansion of the company. But they are not being
able to make payment in this situation, they are threatening to make an appeal in the court.
Liquidation: it is the process of bringing a business operation to an end and making
distribution of their assets to applicants. It is considering as an event that mainly arises in case a
company is going into the direction of insolvency. It means that it cannot be able to make the
payment of all the debt obligations that are come due for the longer period of time. The
liquidation can be done as per the types of adoption of process (Bhatia, 2014). It can be of
various types such as:
 Creditors voluntary liquidation
 Members voluntary liquidation
 Courts appointed liquidation
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According to mentioned case, it has been seen that the creditors are threatening to make
petition for liquidation that is consider as winding up of the business. It consists of various
process:
 The owner of champion ltd agreed upon the liquidation.
 Preparing notice which is delivery to members and creditors and other stakeholders
meeting as well as creditors respectively.
 The next process director used to appoint a chairperson for creditors meeting as well as
shareholders meeting.
 A shareholder calls resolves that Champion company is insolvents and a liquidator is
hired.
 A well organize statement of affairs is compiled and build by liquidators at the creditors
calls. It consists lists of creditors and amount they are owned.
 Company ceases to make trading and liquidators role and process that comes into the
effects.
ii): Amber ltd.
As per the mentioned case of Mr. Anderson, it has been found that Amber company can be
injunction that to safeguard from commencing employment with or providing better services to
beta or any other competitors in this situation the contract get terminates.
Termination of contract: It is said to be the end of the contract that is prior to being entire
perform by the employees. In other manner, the parties used to perform all their respective
obligations that are needed by the contract their role an is to perform these right ceases to exist. It
is considering to be lawful in case legitimate aspects exist to closing of the contract before
performance has been done (MacIntyre, 2018). Some vital reasons are mentioned underneath:
Breach of contract: Under this contract, both Amber and Anderson usually have duties
to fulfill. In case one party get failed to perform their duties, the contract can be terminated and
non-breaching party can be able to make recovery of losses that are arises by the breach. It has
been seen in the case study that Anderson is not serving the total 12 months’ notice period as per
the mentioned contract by Amber.
Redundancy refers to the condition when an employee’s losses their job as organisation
does not have any need for them. When an organisation orders their employees to leave because
they do not have any further reason to pay them.
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Procedure of Redundancy
In order to redundant an employee, employer has to select an employee after applying a
selection criterion that must be fair and reasonable, employees can claim their employment under
unfair dismissal if they find the reason of dismissal biased. Any dismissal will not be considered
if it includes reasons related to class, gender, race, religion etc., prior consultation of redundancy
is mandatory as every employee as a right against this (Posner, 2014).
As per the prior agreement: In case of termination of contract that can be occurs, if the
parties had previously framed an agreement in regards to breaching of contract. Like for
examples, the contract itself can consist of certain kind of provision such as termination of
clauses and enforceable in case one of the parties get refuse to follow their norms.
P5: (b): Justification of an alternative legal solution
In order to make proper analysis of the above process that are taken into consideration for
the purpose of resolving business problems. It has been determining that company can easily be
reducing their organizational issue in order to minimize their timeframe those are helpful for the
overall satisfaction of client demand. Like for examples, in case of Amber and Anderson it has
been found that professional aspects are missing in between them. Member of the company is
more beneficial because they are suggested them one of the best solution to them in order to get
better outcomes in near future time. Basically, a company is also taken into account which is
being is related with the breach of contract by one of the employees. Although the decision is
usage by help of using ADR at the premises and assist the department in many ways that will be
helpful in order to get better outcomes in near future time. Negotiation can lead to be primary
solution that can provide more reliable ways to resolve all kind of issues (Riches and Allen,
2013).
TASK 4
P6: Effectiveness of Legal framework
Legal system is one of the effective process for analyzing and making enforcement of law.
It is a detail information about the right and duties in wide range of manner. According to the
mentioned case of Amber and Mr. Anderson, it has been seen that they are not operating as per
the mentioned rules and policies which forced them to reach towards the breach of contract.
There is certain recommendation which will be taken into accounts. Such as:
Negotiation:
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It is considering as one of the primary method which is consider by the Amber company
that is required to trouble in case of negotiate with buyer to determine a reasonable solution for
both the parties. They need to deal with the situation by talking with each other and without
affecting too much to the company. It will assist them to reduce time and money on either of the
side. This particular evidence will be effective when both Amber and Anderson agrees on the
need of one another.
Ombudsman:
One of the primary reason for using this method is that Amber company is no longer trust
the reputation of Anderson. It can be inspected to make clarifies that the cause of incident,
whether it is done in ethical manner of some other manner. This used to reduce the decision
making time among two parties. This would overcome the cost of issues when a party are having
major problems as it has been seen in case of Amber and Anderson (Mann and Roberts, 2011).
Alternative dispute resolution (ADR): It is known as one of the effective process which
is being used for the purpose of settling disputes without any kind of litigation process. Such as
mediation, arbitration and other procedure. It consists of dispute resolution process and
techniques that used to act as a means for disagreeing parties that comes in an agreement for the
particular time period. It is considering more formal and minimum expensive and although less
time consuming than other method.
CONCLUSION
From the above project report, it has been concluded that business law is one of the crucial
aspects for the management of every decision that are made by the company in order to attain
better outcomes in near future time. This project is delivering better understanding of various
impacts that are seen in case of expansion from one destination to another. While the all these
legal solutions that are needed to get rid of business disputes are discussed effective in the above
project. On the basis of the various matter some sorts of solution and recommendation is being
taken into account. This will assist them to get better outcomes in case of resolving all issues
those are arises between the parties of an organization. Overall this project is providing better
understanding of laws and legal considerations.
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REFERENCES
Books and Journals:
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Business Law Journal. 47(4). pp.587-639.
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Bodie, Z., Kane, A. and Marcus, A.J., 2014. Investments, 10e. McGraw-Hill Education.
Crane, A and Matten, D., 2016. Business ethics: Managing corporate citizenship and
sustainability in the age of globalization. Oxford University Press.
DiMatteo, L.A., 2010. Strategic contracting: contract law as a source of competitive advantage.
American Business Law Journal. 47(4). pp.727-794.
Eren, S.S and et. al., 2012. Caching message fragments during real-time messaging
conversations. U.S. Patent 8,255,473.
Foss, N.J. and Knudsen, C. eds., 2013. Towards a competence theory of the firm (Vol. 2).
Routledge.
Johnson, L., 2013. Unsettledness Delaware Corporate Law: Business Judgment Rule, Corporate
Purpose. Del. J. Corp. L., 38, p.405.
Kinicki, A and Kreitner, R., 2012. Organizational behavior: Key concepts, skills & best
practices. McGraw-Hill Irwin.
MacIntyre, E., 2018. Business law. Pearson UK.
Mann, R.A. and Roberts, B.S., 2011. Smith and Roberson’s business law. Cengage Learning.
Posner, R.A., 2014. Economic analysis of law. Wolters Kluwer Law & Business.
Riches, S. and Allen, V., 2013. Keenan and Riches' business law. Pearson.
Swartz, L.B., Cole, M.T and Shelley, D.J., 2010. Instructor satisfaction with teaching business
law: Online vs. onground. International Journal of Information and Communication
Technology Education (IJICTE). 6(1), pp.1-16.
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