Understanding & Applying Business Law Assignment Sample
Introduction
The complete study is around the understanding on commercialization and innovation. The aim is understanding the ways in which various corporates can innovate with their different offerings and products and processes for ensuring they are able to manage being the part of competitive environment. There are four different cases covered under the study for dealing with different scenario in the industry, followed by conclusion stating the overall understanding drawn from the topic of discussion. Each of the case highlights different aspect related to law and the ways in which they govern the organizational system as a whole. The laws, regulations and litigations discussed under give the ways in which organizations can react to certain situations.
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1. Task 1
1.1 Summary of Case
In this particular case ACN Ltd. wishes to understand the ways in which the company can be formed in United Kingdom and the benefits which can be drawn due to the latest developments in the legal system which came as a part of recent business reforms. Also, the company is trying to draw an understanding around various sources of laws and the role that government is playing in making those laws for understanding the ways in which such law applies to the Company at large.
1.2 Effectiveness of Business Legal System
In past 15 years the English Legal System has witnessed substantial reforms. Previously the Companies legislation in case of UK was quite complex and notorious which mostly impacted the small scale businesses, but with the recent reforms the law is made to be much comprehensible and clear. Although most of the companies in case of UK are small and private companies but the traditional law was designed just keeping the Public Companies in mind and the legislation which may apply to the bigger lot was just placed like a tail piece. But with reforms there are series of clear and high quality constitutional documents that had been developed. These developments have made it simpler for the companies to set up and run their businesses. They helps and support in better regulation and have also improved the shareholders’ engagements with ensured long term investments that had helped in creating flexible future for the companies in the Nation (Sepideh, 2009).
The fairly new development in the Companies Act has helped in achieving cheapest and fastest possible process of formation which can be achieved electronically. There had been introduction of various better adapted and separate default articles for running and regulating the actions in the company. The new developments have also enabled any single person to form companies and now there are no needs to have company secretary for running the Company, which has reduced the overall cost burden on the company. Decision making process has been made easier by ensuring written resolutions and opting for Annual General Meeting. The Companies can now opt for Share Capital without seeking any prior approval from the court and the process for filing reports and accounts have also been streamlined (Giampiero, 2014).
1.3 Different sources of Laws
The Legal System for UK is guarded by four important sources of Laws and they include the following:
Legislation: These are the laws which have been created by the legislature and the most important part of legislation are its Acts of Parliament. The principle legislature are based out in London named UK Parliament. The body is given the sole rights to pass various laws for all the four countries and it is built of House of Lords and House of Commons.
European Union Law: UK is well known to be one of the important states for European Union and thus the EU laws have precedents over the laws in UK (Sangeeta, 2017).
Common Law: The well-drawn legal system for Wales and England is stated to be Common Law and thus the decisions made by Senior Appellate courts are considered to be the part of law.
European Convention on Human Rights: Being the member state to Council of Europe, UK becomes the signatory for the European Convention for Human Rights. This act which came to existence in October 2000 supports all the courts in UK for protecting all the identified rights under ECHR (Mar, 2005).
1.4 Role of Government
In case of the UK, the executive branch in regards to Government is responsible for developing maximum draft laws and finally the major role of the parliament is reviewing, amending and passing all such laws. The Individual MPs are allowed to introduce various draft laws but not all of these actually are passed (David, 2002 ).
In case of UK, the bills can begin from any of the two houses, House of Commons or House of Lords. Each of these houses have stage for debating, examining and suggesting the changes into the draft and both of these house have to agree on the final text related to the bill, before they can be signed by the Monarch and finally become Act of Parliament (Nicolas, 2015).
The bills in case of UK are passed through different Lord Stages including First reading, Second Reading, Committee Stage, Report Stage, Third Reading, Consideration of Amendments and Royal Assent. There are list of amendments that are suggested by the members of Parliament in front of Committee and all these changes are shown based on their effects on the text, before being considered and passed to make them the Law in the Country. Thus, can be well understood UK are given great power to government to propose various laws and changes in laws to run the systems smoothly, and giving excessive scope for improvements as and when required in the system. This also helps in controlling activities in the Country while making sure rules do not overburden the rights of the organizations and individuals (John, 2005).
1.5 Ways Common and Statutory laws apply
There are two distinct laws, Public Laws which are meant for governing the relationship existing between state and individual citizens and then are the private laws for governing relations between private organization and individuals.
For practical application, there is most important distinction in terms of Criminal Law and Civil Law. Civil Law has its part in matters like negligence, contracts, employment, family matters, land law and probate, whereas the Criminal Law that is well known as the branch to Public Law, has defined the boundaries for acceptable conduct by individuals and organizations (ELISE, 2015 ).
2. Task 2
2.1 Summary of Case
In this case Dominica is wishing on setting up a Business Company and thus wants to understand from ACN on various legal aspects which may apply on her company in terms of Employment Law and Employment Contracts.
2.2. Impact of Company, Employment & Contract Law on Business
Impact of Company Law: The Impact in case of Company Law is divided in two folds including Pricing Mechanism and Wealth Creation. Due to regulations, the law creates a proper separate legal entity that has life of its own. The Company is thus allowed to own its assets, have obligations and even raise money using forms like equity, debts or both. The rules are the part of Company Law and all these rules helps in organizing the creation of company and its wealth.
Impact of Employment Law: A proper Employment Contract is necessary to exist between employees and employers. These Contracts helps in laying the employment conditions, responsibilities, rights and duties. Such contract provides proper expectations and guidelines which are required to be met by both the parties in case of contract or agreement. Without existence of proper and validated UK employment Contract there is no legal basis for the employer for enforcing expectations and even the employee does not have knowledge of the basic rights in regards to the Company. Such contract helps in creating or establishing stable and b legal foundation for building well-supported and sustainable company (Cindy, 2017).
Impact of Contract Law: These are major impact of Contract Law on the businesses as all these businesses are either providing products or delivering services thus that implies that they have to either purchase, resell or may have to render services. For all such transactions there is a strict need to have contract in place. Such contract helps in stating whether all such services are being sold or purchased at some specified price and the related terms and conditions applicable on the same. Thus, contract is termed to be the end all or be all of all such transactions which any business may enter into.
Having the proper understanding of the ways in which such contract laws are implied in the business and the ways they affect the organization are termed to be really important for professional success for the business. They are applicable to almost every service or product provided by Company. Thus can be stated ultimately, Commercial Law and Contract Law are responsible for defining the essence for any business and related functions of the business (Harold, 2008).
2.3. Difference between Legislation, Regulation and Standards for Business
Legislations: Legislation has been termed to be a synonymous for the Statutory Law which have been laid by legislature and the ones which are still under the process of being enforced. It is a proper description of all the legal needs and applicable punishments in case the laws are violated. In case of UK, following are the legislations which are applicable:
Small Business, Enterprise & Employment Act 2015
Financial Service Act 2012
Financial Service Act 2013
Companies Act 2006
These legislations help the businesses in understanding the obligations laid under Competition Act in UK. They also help in laying the rules for regulating the businesses in market, for ensuring ethical practices and conduct and also for regulating the actions of the employees in the system (Blind, 2016).
Regulations: These are termed to being the detailed instructions in regards to the ways in which laws shall be enforced or shall be carried out and thus are sometimes referred to being administration law or rules. As they carry powerful force of law, the application of them is termed to being mandatory. These are the ongoing process for enforcing and monitoring any law for businesses, thus they deal not only with the ways in which any legislation is getting enforced but even the act of enforcement is termed under regulation. Regulation may be coming from different sources but the most common one of all are self-regulation and government regulation. Government Regulation is termed to be the natural extension for any legislation and it defines the systematic ways in which any business is expected to operate for following the law applicable in country. Self-Regulation is termed to exist when any business has complete control over any particulars on the ways it can meet the legislative requirements. Other important aspects of regulations include the following:
These are termed to be the rules which are required to be followed.
They are such rules which have been created by government executed under specific act.
Rules are made to be enforceable and real by the power which the government has given itself under the act(Kevin, 2013 ).
Standards: Standard helps in making the things work by giving specifications in regards to the services, products and systems for the business organization. The use of the same on consistent basis helps in ensuring safety, quality and efficiency. They may be in form of Reference Documents which gives details on different criteria involved. They also define the principles which are applicable behind values and works that are associated with business. Other major characteristics of standards includes the following:
They are not defined or written by any Government Body.
They typically define the product performance and the ways to conduct certain jobs.
They do not have any authority of their own, but they are allowed to be adopted in regards to regulations which makes them a legal requirement.
They may be generally referred in case of regulations or even the General Duty Clause.
Regulatory Bodies are allowed to adopt a part or all of the existing standards(Cindy, 2017).
3. Task 3
3.1 Summary of Case
In the case Dominica is looking forward to forming a small business which she would want to expand later and thus wants to understand the requirements in terms of forming and running business in UK.
3.2 Different types of Business Organization
There are various forms of organization in UK but the most common ones includes Private Limited Company, Sole Traders, Partnership, Government, Public Limited Company and Public Company.
Sole Trader: The simplest structure is of the Sole Trader as it is very easy to start. The person can just register the name and start with trading on business grounds. These organizations are only funded by a single person. All of the processes of the Organization are managed by the single person and the profits also belong to that person, as the complete organization is funded and managed by him. Due to this the owner is expected to accept all the losses and risk and the profit is dependent on his activities. Example for such system includes professional lawyers, small shops, service businesses etc (David, 2002 ).
Partnership: In this case the company is generally funded by two are more than two people but the maximum limit can be only 20. Partners are the individuals who are given equal responsibility and even the share in terms of management and profits. Each of these persons are expected to pay taxes. Examples of such form of businesses are Doctors, Lawyers, and Accountants who have united for organizing such partnership firm.
Private Limited Company: These are the Non-government Organizations that do not have their share listed in market and such organizations are owned and operated by small number of people. The Company is allowed to sell its share to its customers but they are not given the rights to sell it to general public. Due to this they remain small and thus terms of raising funds they require directors being the guarantors for such loans. These Companies are generally managed through two or more than two directors and are mostly used in case of families. One of the most famous and successful Private Limited Company existing in UK is Virgin.
Government Organization: These are the organization which are owned by the countries and thus they have more permission in international and nation market both. In case of a company to become a government company it should be having above 51% shares being held by state and the company shall be managed by state. Mostly Transport and Railways companies are categorized to being Government Company.
Franchisee: These are termed to be the most difficult in forms of incorporation. They generally have involvement of two or more companies in their formation. One of them have to give the permission and right to use its brand and the other company rents that brand. Thus, the first company gets profits from such selling of brand. Example of such companies includes Subway and McDonalds.
3.3. Type of Organization in different Circumstances
Choosing the form of organization is highly important for any Company as it helps in outlining the hierarchy for different positions in the Company, also it helps in defining the liabilities and assets for the company with the responsibility distribution in terms of losses and profits which the organization makes.
Hierarchical Structure: This is one of the most popular organizational form and there are quite a few models which have been derived through this model. In this case employees are properly grouped under different employees and have one supervisor. This grouping can happen in various ways and thus there are different models which are derived out of this.
Function: People are grouped based on the functions they perform.
Geography: People are grouped based on region they come from, it is most preferable in case of Global Organization where grouping is to be happen based on countries.
Product: It takes place in companies producing different products and offering different services. Here people can be grouped based on the product and service they work on.
Matrix Structure: In this case the relationship of reporting is set as matrix or grid instead of traditional hierarchy. In this case people have same skills are pooled together for similar work assignment which results to having more than one manger as reporting manager. This may happen in situations like where all engineers are placed under a single engineering department but as they work for different projects, they shall have dual reporting in that case.
Horizontal or Flat Structure: Such structure is mostly accepted by small companies and most of time start-ups during their early stage. It is generally not possible to have this model used in case of large companies having large number of employees and projects. In this case there are very few middle management groups, which makes the decision making process to be much easier and quicker. It is said to work for small companies as they have relatively transparent work structure. (Giampiero, 2014)
Network Structure: It helps in visualizing both external and internal relationships which may exist between different top level managements and managers. They are less hierarchical and more decentralized and even flexible. The structure is based on the concept of Social Networking and thus the structure is dependent on reliable partners and open communication both on external and internal grounds.
Divisional Structure: In case of divisional structure, every organization is defined to have its division which generally corresponds to either geographies or products. Each of these divisions includes needed functions and resources for supporting the product geography and line. There also exists multi-divisional structure and is well known as M-Form. It is termed to being a legit structure and in this one company have number of subsidiary companies and all these companies use the brand and name of parent company.
Line Organizational Structure: It is termed to being the simplest form of Organizational Structure. In this case the authority is send from top to bottom. Unlike the rest of the structure there are no supportive or specialized services which take place in such organization (Giampiero, 2014).
4. Task 4
4.1 Summary of Case
In this case Franck has his employment with First Healthcare Service in September. But due to some performance management issues he was removed from the job without notice. There is need to help the employee understand their legal rights and solutions to be recommended for resolving such dispute.
4.2 Effectiveness of different kinds of Legal Solution, legal advice and support for Dispute Resolution
There are mostly three most effective forms of Dispute Resolution Techniques and they include the following:
-Mediation: The major goal of Mediation as the technique is having neutral third party for helping the disputant parties to reach the consensus which is their own. Instead of imposing any solution the mediator has a task of working with the conflicting sides for exploring their interests in the position. Thus, mediation can act to be effective for allowing the parties in order to vent the feelings and even explore the chances of grievances. By working together or separately with such parties, mediator can help in hammering out a proper resolution which is voluntary, sustainable and nonbinding.
-Arbitration: In case of Arbitration, there is a neutral third party which serves to be the judge and is thus responsible for taking care of the disputes. The arbitrator is responsible for listening to all the sides’ arguments and evidences and then finally come up with a binding decision. The disputants are allowed to negotiate all the aspects related to the process, even whether all the lawyers shall be present during the time and kinds of evidences which shall be used. Arbitrators are responsible for handing down the decisions which are mostly confidential and the ones which cannot be appealed.
-Litigation: In this case the most common type of resolution to dispute and civil litigation includes a proper defendant who face off the plaintiff before judge or jury. It is the responsibility of the jury or the judge to weigh all the evidences and thus make some ruling. The information which is conveyed in such trials and hearings is usually entered into the public records and it stays there. Lawyers in such case dominate litigation that generally ends in a systematic settlement agreement which happens during certain pretrial period of preparation and discovery.
There are various ways in which legal solutions and services can be taken and they include the following:
Public Defender: There are people who are allocated by the constitution to the person who cannot afford any lawyer. They are mostly appointed by judge once the person is formally charged to certain offense.
Legal Aid Clinic: These are the attorneys or organizations which have their funding from government for providing legal services especially to poor. As these clinics are mostly poorly funded they do not take much of the cases.
Personal Injury Attorney: These are the people who take the cases without any need for upfront payment. Such payments are generally contingency based which means the person agrees before such case begin on certain amount of settlement which such attorney shall be entitled to in case the case is won.
Pro Bono Services: Most of the private practice attorneys and law firms shall be giving some time to work on some cases. Such cases are taken by them on merit.
Social Justice Organization: The attorneys who have it as their mission of taking social justice causes and they provide legal services for free to the clients who have faced injustice. These cases are also generally taken on Merits.
4.3 Recommendation for Franck for obtaining legal advice and support
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As per the Employment and Labor Law 2020, there are number of terms which are implied on the employment contract. One of the most important being duty of mutual confidence and trust. The employees and employers are not expected to behave in any way which is calculated and may destroy the relationship of trust and confidence existing between them.
The duty of fidelity and loyalty prevents all the employees from competing with employer while being in employment and disclose confidential information. It is the obligation on the employees to exercise needed skills and take care and obey all reasonable instructions.
Employees are also given certain legal rights which also includes the proper rights of receiving a systematic week’s notice which may exceed up to 12 weeks. In the case being discussed above Franck was removed from the position by giving some unreasonable reasons, and without any notice, which is unethical and against the Employment & labor Law. This given Franck the chance to reach out to the Employment Tribunal and seek for justice, against the act. He may appoint a lawyer to represent him in front of the company or in front of the court of Law.
Post the discussion in Employment Tribunal, the employer shall be liable to compensate the employee with the calculated amount which can be equal to 90 days’ pay of the employee.
Though under the act the Employer is allowed to fire the employee based on reasonable performance grounds, but in such case employee is entitled to receive a proper redundancy payment which is equal to the week’s pay for every year of service, maximum being 15,750 Euros.
Conclusion
As can be understood from the overall study done above, Laws have been made in different areas to protect organizations and individuals working there in. These laws are protected by Legal Authorities and courts and are set aside in various acts which can be referred to by the people in case of any misconduct or injustice which may happen to him. There are various cases which have been discussed above, which are governing the organization from formation to dissolution. Not only that they are even protecting the employees against all the losses which they may suffer due to certain level of misconduct by the employees in the system. Such, Laws give organization to explore innovation in work and take chances in market as they shall be protected by Law.
References
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Cindy, A. S. (2017). THE IMPACT OF EMPLOYMENT LAW AND PRACTICES ON BUSINESS AND SOCIETY: THE SIGNIFICANCE OF WORKER VOICE. U. OF PENNSYLVANIA JOURNAL OF BUSINESS LAW [Vol. 19.4.
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Mar, y. G. (2005). The Sources of Law and the Value of Precedent: A State in a Common Law Nation State in a Common Law Nation. Louisiana Law Review.
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