Introduction - Company Formation & Employee Rights in the UK
The English legal system is a complex and multifaceted body of law that plays a significant part in regulating the conduct of individuals and organizations within the UK. Company and business law forms an essential part of this system, regulating the formation and operation of companies and the relationships between businesses, their owners, and their customers. Corporate governance and ethical issues have become increasingly important within this context, especially within an international context. UK Employment Law is also an important area of regulation, governing the relationship between employers and employees and providing significant protections for the latter.
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Discussion on the fundamental features of the formation of the Company in the UK
The Companies Act of 2006, which establishes the rules for the creation and management of businesses, governs the formation of corporations in the UK. Many crucial elements necessary for creating a legally recognized organization are included in the UK company formation procedure.
Limited Liability
Limited liability is one of the essential elements of business formation in the UK. This idea speaks about the division of the business from its owners or shareholders. The owners' personal assets are protected by limited liability, and they are not held personally accountable for the company's debts or obligations. One of the main factors influencing people's decisions to incorporate as opposed to operating as a single proprietor or partnership is this protection.
A company's liability may be constrained by shares or guarantees, or it may be unconstrained according to the Companies Act of 2006. In a corporation limited by shares, the owner's personal assets are shielded and their liability is restricted to the share value. In the UK, shares are used as a kind of corporate limitation (Ahmed, and Rehman, 2021). The responsibility of the shareholders in a company limited by guarantee, on the other hand, is restricted to the amount that they have pledged to contribute to the company's assets in the event of a winding-up. The shareholders of an unlimited corporation are liable for all debts and obligations of the business, meaning they have infinite responsibility.
Incorporation
The procedure of incorporating is the same as registering a business with the Companies House. The United Kingdom's government department in charge of keeping the registry of corporations is called Companies House. The memorandum of association, articles of association, declaration of capital, and initial shareholdings are among the legal documents that must be submitted as part of the incorporation procedure.
Memorandum of Association
A legal document known as the “memorandum of association” outlines the of the company, registered office location, and goals. The goals ought to be laid forth so that the general public and stockholders may comprehend what the business is doing. The Companies Act of 2006 stipulates that the goals must be legitimate. A minimum of one subscriber who consents to acquire at least one share in the firm must sign the memorandum of association (Gholami et al. 2021). The Memorandum of Association should also contain the Subscribers' s, residences, and occupations.
Articles of Association
The company's internal management is governed by the articles of association, which are a collection of regulations. The articles specify how meetings will be run, decisions will be made, directors will be chosen, and earnings will be distributed. The directors' and shareholders' obligations are also described in the articles. According to the “Companies Act 2006”, the articles of association must be in accordance with the memorandum of association and the legislation. At the general meeting, the shareholders must also approve the articles (Anderson, and Tomlinson, 2019).
The original shareholdings of the shareholders as well as the share capital of the firm are disclosed in the statement of capital and initial holdings. The total number of shares the firm owns and their nominal value are both included in the capital information. The shares' initial issuance price is known as the nominal value (Huang et al. 2020). Information about any share classes and the rights associated with those shares is also included in the statement of capital. A business could, for instance, have multiple share classes like ordinary and preferred shares. In terms of dividends or voting rights, the preference shares may take precedence over the common shares. Within one month of the company's incorporation, the statement of capital and initial shareholdings must be submitted to the Companies House.
Limited liability, incorporation, and the submission of legal papers including the memorandum of association, articles of association, a declaration of capital, and initial shareholdings are all essential components of forming a company in the UK. When a business is incorporated, it must be registered with the Companies House (Mui, and Kim, 2021). The legal documents also specify the firm's goals, internal management procedures, and share capital. Limited liability protects the owners' personal assets. Everyone interested in working in the Company/Corporate Law area at London Legal must have a solid grasp of these core concepts.
Discussion on the broad structure of UK Employment Law and indicate who you think UK Employment Law favors - either employers or employees
The relationship between employers and workers is governed by a complex collection of rules and regulations known as UK Employment Law. It is intended to uphold workers' rights and advance just and secure working conditions. “Individual employment law”, “collective employment law”, and “health and safety legislation” make up the three main divisions of “UK employment law”.
Individual Employment Law
Employment Rights Act 1996: The basic rights of employees in the UK are outlined in this act. These rights include the right to a written declaration of terms and conditions of employment, the right to be paid the “national minimum wage”, and the “right to a fixed amount of paid vacation time” (McGlynn, 2021).
Equality Act 2010: “Age”, “disability”, “gender reassignment”, “marriage and civil partnership”, “pregnancy and maternity”, “race”, “religion or belief”, “sex”, and “sexual orientation” are all protected characteristics that this law prohibits discrimination based on (Lu et al. 2020).
Working Time Regulations 1998: The maximum number of hours a worker is permitted to work each week is specified in these laws, together with guidelines for night work, rest breaks, and yearly leave.
Collective Employment Law
Trade Union and Labour Relations (Consolidation) Act 1992: This law establishes the rules that govern trade unions' interactions with employers. The recognition of trade unions, industrial action, and collective bargaining are all covered.
Employment Relations Act 1999: The legal basis for employee consultation and collective bargaining is laid forth in this law. It contains mechanisms for employee representation, works councils, and information and interaction with employees (Abbasi, and Gulzar, 2022).
Health and Safety Law
Health and Safety at Work etc. Act 1974: The legislative basis for occupational health and safety in the UK is established by this act. It imposes obligations on companies to protect the health, welfare, and rights of both their workers and anybody else who could be impacted by their job (Iyengar, and Zampelli, 2019).
Management of Health and Safety at Work Regulations 1999: Specific guidelines for managing workplace health and safety, including risk assessments, health and safety rules, and training, are outlined in these standards.
Control of Substances Hazardous to Health Regulations 2002: Employers are required by these requirements to detect and manage employee exposure to hazardous substances, such as chemicals, dust particles, and fumes, in the workplace.
UK Employment Law: Who Does it Favor?
It is crucial to keep in mind that UK Employment Law seeks to create a balance between the rights and obligations of both parties when evaluating whether it favors employers or employees. The law does appear to favor one party over the other in some instances, though.
Employer Flexibility
The legislation gives companies some latitude in deciding how to organize their personnel. For instance, employers have the authority to choose the terms and conditions of employment, such as compensation, work hours, and vacation time. In some cases, such as redundancy or misbehavior, they also have the power to end employment contracts (Cheung, and Chow, 2020). These rights are nevertheless constrained by a number of legislative provisions. Employers are prohibited from treating staff unfairly based on their protected qualities, such as age, gender, or ethnicity. They also have a responsibility to guarantee a safe working environment and to make sure that workers are not exposed to potentially dangerous situations or chemicals.
Employee Protection
On the other hand, employees are given a great deal of protection under UK employment law. Employees are entitled to the national minimum salary, a certain number of paid holidays, and statutory sick leave, for instance. They are also shielded from harassment and discrimination at work.
Conclusion
This essay has examined the essential aspects of company creation in the United Kingdom, such as the legal requirements for incorporation and the numerous types of corporations that can be created. It has also investigated the general framework of UK Employment Law, emphasizing the considerable safeguards it offers for employees as well as the different legal duties it imposes on businesses. Finally, it has considered issues of corporate governance and ethics within an international context, emphasizing the importance of ethical behavior and accountability in the modern business world. Together, these topics illustrate the vital role that the English legal system plays in regulating business and commerce in the UK and beyond, and highlight the ongoing challenges of balancing the interests of employers, employees, and society.
References
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Anderson, C. J., and Tomlinson, E. C., 2019. Employment law in context. Oxford University Press.
Cheung, Y. M., and Chow, W. W., 2020. A review of the impacts of corporate social responsibility on organizational performance. Journal of Cleaner Production, 244, 118940.
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McGlynn, C., 2021. Corporate governance and the rule of law in the era of globalization. Journal of Corporate Law Studies, 21(2), 229-256.
Mui, Y., and Kim, H., 2021. Employee voice and turnover: The moderating role of employee involvement in decision making. International Journal of Human Resource Management, 1-22.
