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Introduction: Business Law
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Business law consists all legal system which is necessary to operate and managed an organisation and then after some time sell it in an effective way. The parliament of United United Kingdom made all laws, policies under which a business firm has to run its business. Under this business report mentions an English legislation & different types of sources of legal system. There is a big and important role of government in making a legislation. If in case a company will not follow the laws of government then in this case, there will be a big impact of law on business. In this present report also mentions about the concept and advantages of using Alternative Dispute Resolution process (Abdi and Aulakh, 2012). There are some negative and some positive affect of legal solutions to any type of business problems. The ADR of each and every country is different from each other. In this report, there are two cases and it is necessary to suggest an appropriate legal solution for every problem.
P1 English legislation and various types of sources of law
English legislation is a common law under which all civil as well as criminal law assignment help is included. The legal system is generally formulated by the parliament. In context to this, English legislation consists with the hierarchical framework judiciary system. The English Legal system spread in many countries such as USA, New Zealand, Canada etc. It is the responsibility of Supreme Court is to formulated the structure of top hierarchical of judiciary system. In the structure of legal system, there are main two laws included such as:
Civil law- This legal system is related with the private relationship among the people of community and the religious affairs or criminal (Bishara, 2011). It is a main body of legislation to dealing with any type of non- criminal matters.
Criminal law- It is related to the punishment of guilty people. This also is related to any crime. The judges of courts take a decision about giving the punishment to guilty person.
There are some main sources of laws given below as above:
Legislation- It is generally formed by the legislature. It is a main source of law. This is mainly passes by the government of United Kingdom. It can be taken as many different objectives such as authorization, forbid, regulation etc. The legislation is for many purposes such as authorization, forbid and also regulations. It is the responsibility of government and also parliament to formulate the new legal system.
Case law- It is also called as the Judicial Precedents. It is totally depending upon the doctrine and it is also known as the Stare Decisis, it is a common and main part of a civil law. In this, to make the solution of any kind of case, it is the responsibility of judge to take the final decision. It arises from the decision making of judiciary. The judges should take the final and fair decisions.
Administrative law- It is also a part of legislation. It is related to regulating the operating in context to administrative agencies of United Kingdom (Cavaliere, Mulvaney and Swerdlow, 2010). It consists some activities for an instance developing enactment, values, rules, norms, adjudication etc.
Statutory law- This legal system is in the written form
& formulated through the parliament. It is varied from the regulatory legal system that are passed through the executive agencies. This law is a system of rules and also regulations and it is necessary to understand the customs and the rules or regulations.
Constitution- This is also a source of law and it helps in distribute and also allocate the powers between judicial branches, legislative system etc. Basically, it is like a basic fundamental principles and rules which company has to follow.
In context to this, there are many different sources of laws, under which a business organisation has to work in an effective or efficient way. To run a business properly, there will be a need to many legal requirements, to accomplishing the goals and objectives of company. There are some laws given below as above:
Employment rights act, 1996- This act is for providing the all employment rights of workers. It is passed by the government of United Kingdom to give the rights to all employees in an organisation, so that they can work without any issue.
Working Time regulations act, 1998- This act is for providing the proper working time to all workers. The main purpose of this law is for giving the fair working conditions or working hours, so that they can work properly. This regulation should be complied through managers to make the proper running of business. If in case, workers do extra work, then it is the responsibility of manager is to provide them extra wages.
Pension act, 2008- This act is being identified by the government of United Kingdom. In an organisation, if any person retired, then it is the duty of employer to provide the pension. The manager should give pension and any type of due amount to its worker in an effective and efficient way.
P2 Government role in making a law and common and statutory law
In legal system making process, there is a big and essential role of government. The main duty of government is to implementing the policies and rules which are formulated by the Parliament of United Kingdom (Cheeseman and Garvey, 2010). The parliament control and monitor all the operation of government in context to passing a legal system. The parliament of UK is responsible in giving approval and also changing the legislation of country. Parliament passes a bill and then this bill is converted in to a law. In the process of law making, there is a big involvement of Members of parliament and the House of Lords. These both are separated. The House of Lords are work along with the House of Commons in developing a law, check all actions of government and at last give a forum of independent expert and parliament choose all members of parliament. In the process of law making, there are some main stages are included:
Problem integrate on agenda of government- A schedule and government structure is generally inform by the general election from support of United Kingdom voters, all political parties can be competing (Chemerinsky, 2016). After winning any political party, then there is a formation of a government. For resolving any kind of issue related to law, then in this case both Lord of Houses and Members of Parliament both help.
Ideas for addressing any issue- In this stage, there is a requirement to find out any issue to United Kingdom government.
Interested people and groups are consulted- In context to any issue, interest persons' consult regarding an issue and after that understand problem in a significant manner and then make a proper result. Two different types of pares given below as above:
Green paper- It is similar as a per forma of a Legal document and it is generally formulated with the help of Government. This paper is given to outside and the inside parliament members to take them review or any kind of opinion regarding a legal system.
White paper- It is introduced by government and it is for providing an information on any problem.
Cabinet ministers must agree which proposal take forward- After consulted regarding proposal, the main purpose of government is to support a thought. Among all ideas there is a need to select a best and an effective idea (Crane and Matten, 2016). To present this a selected idea in front of parliament, there is a final decision of a committee.
Proposals are made in to bills- After giving an approval freon the cabinet, ministers are responsible to develops all guidelines in context to bill.
Parliament includes and scrutinises bills- In this stage, there is a big involvement of parliament. The House of Lords and House of Commons both should be agreed on converting a bill in to a legislation.
Stage of parliament- Under it, some of the main steps are involved which are given below:
First reading- Under this, main title of bill generally interpret in assembly. It is necessary to provide bill of social unit of parliament.
Second reading- Under this step, there is a discussion conducted among Members of Parliament on main content of bill. Without any vote, bill is passed to a step forward.
Committee stage- It means that a bill comes in to a consideration through a committee. Administrators and junior ministers both are responsible for bill.
Third reading- In this step, Members of Parliament give votes for passing a bill in the final form. If there are any amendments are necessary than there is a need of develop them.
Bill authorized by a chamber is view by other- After taking permission through the parliament , this bill is send to House of Lords (Dahan and et.al., 2010). If House of Lords wants to some changes under the bill, then it back to Members of parliament to regard amendments. There is an involvement of both House of Lords and House of common to convert a bill in to law.
Monarch Assent convert a bill in a law- From approving bill to House of Lords & House of Commons, it is required that a bill will be approved by the Monarch which is also known as “Royal Assent”.
Statutory and Common law
Statutory legal system is in the written form and it is varied from the administrative and the regulatory legal system. This law is formulated by the legislature and finalized by the parliament. It is developing through the state and national legislature and municipalities. On the other hand, common law is enacted by the courts (Fassin and Buelens, 2011). In the final decision is taken by the judges of courts. This kind of law is also can be in the written form and can be unwritten form.
In common and in the statutory laws there are some differences:
It is called as session legal system.
It is called as case legislation.
It is prescriptive in nature.
It is instructive in nature.
In passing a law there is a need of legislation.
New laws are introduced by the decisions which are passed by courts.
Its operational level is substantive.
The procedural is a operational level of this common law.
P3 Impact of business law in a company
A government of United Kingdom formulate some policies and strategies and by following them a business firm has to conduct its business. If in case, a company will not work according to government policies then in this case, there will be a bad effect of legal system on business activities.
a) Legal obligations of employer in context to:
Occupational Safety and Health- On the basis of this act, manager of company is liable to provide good and workable business environment in company, so that all workers can work well. It is a responsibility of an employer to give training to all staff members in relation to new and latest machineries or technologies and also provide them guidelines to use the new machineries. With the help of this, employees will work properly without any issue and it is beneficial for the productivity of an organisation & also for profitability (Foss and Knudsen, 2013). If employer give them proper guidance, then the chance of accidents will be reduced.
Workers Compensation- In a company, if ether is any person who injured at the time of working, then in this case, employer has to give compensation to injured worker. Compensation can be in the form of medical benefits and also in the form of cash.
Harassment- It impacts a lot on business operations. The main purpose of this law is to safe employees mostly make to protect them from any kind of harassment activities. To minimize this type of unwanted activities, segmental of a business firm should take some strong actions and also give them safe and tension free working environment so that they can work properly.
Equal opportunities- It is related with providing the equal opportunities to both male as well as female employees. Sometimes, the manager does not treat equally for both genders. From this the level of motivation of female employees down (Granovetter, 2010). The discrimination is created a big issue in company and it can be according to the colour, sex, religion, country etc. & it can develop a big effect on business process.
In contract to this, it can be examined that in a company employee will not work properly then from this there can be a negative affect created on business. If company will not conduct its business on the basis of government policies and will work unethically, then in this case government can file case against a business firm.
b) It is concluded from the given case that there is a mistake of leader and this person is liable to compensate this girl and 16 years is a legal age of this girl to work in any company. On the basis of Health and Safety act, manager is responsible to proviode proper and safe working environment top their employees (Grundfest, 2010). The leader should protect 16 years old girl. In relation to this case, there is a breach of two main laws employment and contract law. According to employment law, employer is responsible to regulating the relationship with employees and on the basis of contract law, employer should guide or take care the health of its employees. So, this this case, this 16-year-old girl can sue case against employer and also demand for compensation.
P4 Appropriate legal solutions for above business problems
1) According to the first case, Donna did wrong with Calvin. Calvin is an employee of a big fashion house. He is working from the long time and this organisation must work according to all policies, rules and regulations formulated through a Parliament and Government of United Kingdom. In this case, employer should follow an Employment act, 1996. On the basis of this act, Employee should provide the good working conditions to its employees. Before dismiss from work or company, Donna should provide Calvin a notice period. In this, there are unfair dismissal and wrongful dismissal protections are included.
Unfair dismissal- It means that a manager dismissed to any worker without knowing the reason. It is necessary that Donna should give notice period to Calvin to proof itself innocence not guilty. Calvin is old worker, employer should be believed on Calvin (Halbert and Ingulli, 2012). The effect of this can be negative on the business operations and activities. Employer should deal this kind of case in a polite way. In context to this, Calvin can be take some main steps:
- Calvin can claim for compensation.
- Say for doing any other work and also tell for enquiry.
Wrongful Dismissal Protections- In this, employer breach the contract of employment. Without listening any reason, Donna cannot terminate Calvin. In context to this, Donna is liable to pay in regards for wrongful dismissal. In regards to this, Calvin has many legal rights such as:
- Notice period- Before dismissal a worker from job, it is the responsibility of a business firm to give a notice period and also give a chance to provide an employee innocent.
- Offer for any alternative work- Manager should give the another job to a staff member. In case of Donna and Calvin, Donna should offer another job related responsibility to Calvin and it is consider as Fair treatment.
On the basis to this second case, Mr. Dan can claim to insurance company regarding his shop which was insured (Hayden and Bodie, 2012). The legal solution of this problem is that if insurance firm avoid to give insurance money, then in this proceeding Mr. Dan can not sue against insurance firm, only he can provide a statement in the written form to firm & its depend up on insurer to provide averment to MR. Dan or not.If is depend on the company that it can give half money related to claim for maintaining the firm image.
P5 Justifications for solutions
The justification of first case is that Donna should not dismiss Calvin without giving him a notice period or s not giving a chance to proof itself innocence. An employee can be suing on employer. To make the proper solution of this problem, Donna should be consult with the help of trade union, top management etc. In the second given case, Mr, Dan is not liable to sue on insurance firm, on this case, he can only provide statement in the written form for demanding the insurance money. The insurance firm can reject the Mr. Dan's claim:
- if they have nay doubt and Mr. Dan is unable to remove that doubt in the mind of insurance officer.
- If the insurance officer is not satisfy from the Mr. Dan answers.
On the basis of Sec. 94, There is no any type of right of an employer to dismiss a worker from the job without proving a relevant proof. It is consider as unfair treatment. In context to this, worker can file case against a manager.
According to Sec. 96, If an employer terminate an employer from its job position with out any king of reason , then it will be a unfair dismissal.
On the basis of Sec. 95, There are some rights of a manager related to terminate an employees. These are given below:
- After completing the time of contract.
- If this condition of termination is mentioned ion contract.
- If a person is in probation period.
P6 (a) Concept & advantages of using process of Alternative Dispute Resolution
The process of ADR is very beneficial in partitioning any type of conflict and dispute in company (Kinicki and Kreitner, 2013). The main purposes of this ADR is to make the workplace effective and workable. The process of ADR is different from country to country. In this process, there is no role of court. In this present time, the success of Alternate Dispute Resolution increased. The process of ADP is helpful in running the business operations successfully. In addition to this, the enhancement of workload on the courts is less from the process of Alternate Dispute Resolution. The benefits of ADR given below:
- This process is not expensive and also a time saving.
- There is an involvement of third party who is expert in resolving matters.
- In this, courts play no role.
- This process is very flexible in nature.
- The arbitrator decision is final an it is depend on the parties.
- In context to it, it is a easy process but most of the complex problems are not solved by ADR.
(b) Recommend an alternative legal solution
The legislation of each and every country is different. The main benefit of this Alternative Dispute Resolution process is to resolve conflict and create the good relationship. On the basis of this given case, owner of an investment company is Antwon and from the long time, there is a misunderstanding and conflict among Antwon and Tyrell but in this present time, they both want to resolve it. So regarding this they take help of ADR in United Kingdom. It consists three main elements such as:
Arbitration- It is a best way to resolve dispute without going to court. In this, two conflict parties appoint an arbitrator by mutual consultation (Muchlinski, 2011). It is a third independent party. It is less formal than the court system.
Mediation- in this, there is an appointment of third party and that is mediator, this person helps in negotiate and remove any kind of problems or issues among both parties. This person is expert in the field of conflict resolution.
Negotiation- It is a good and workable process. In this both parties come together and try to settle their issue with the help of negotiation. Negotiator listen the issues or problems of both conflict parties and then make a common solution for both.
In United State country, to resolve any there is only two use of Arbitration. In the process of ADR, there is a big involvement of this (Reinhardt and Stavins, 2010). Arbitrator is a common person and expert ion resolve dispute. The arbitration of this country consists two main components such as Grievance interest and the Arbitration
It is concluded from the above report that inn law making process, government plays a big role. To increase the growth and profitability of business, company should work by following the policies which are formulated by the government of UK. Under this assignment studied various sources of legislation and concept and advantages of Alternative Dispute Resolution Process.