The objective of this report is to discuss all the relevant legislation and regulations in the business context. All these practices will assist in determining the required solution for a business organisation by considering legal aspects.
- Evaluate the role of legal system.
- Identify the potential impact of law on Business Futures Limited and its practices.
- Discuss effective legal solutions for the business problems of Business Futures Limited.
- Recommend the effective legal solutions which are based on alternative legal advice.
Legal framework of country plays an important role in protecting public and constitutional interest whereas legal solutions are the ethical solutions to diverged problems. It is important for the business to implement legal procedures to conduct business functions. The report will evaluate about legal system which will be analysed by Business Futures Limited Company, a business consultancy firm. Apart from this, it will outline the impact employment law and contract law on country pine. Thus, it will identify methodss of alternative dispute resolution proces which can be suheested to Country Pine.
P1. Different sources of law that organisation need to comply
Business Futures Limited is seeking for expert employee who holds a strong knowledge over English legal system and its different sources.
ENGLISH LEGAL SYSTEM
English legal system comprises of civil and criminal law and is only applicable in England and Wales. For resolving both types of issues, the system offers different ways of resolving cases. Every case is finally handled in Supreme Court and the decision by Supreme Court cannot be questioned. However, cases related to public and constitutional importance are stretched to Supreme Court (Blake, Browne and Sime, 2016). Civil cases are handled by the court of appeal, county courts and high court whereas Court of appeal, crown court and magistrate court are accountable for managing the criminal cases. In addition, civil laws aim at resolving issues in between two parties which can be company and customer, supplier and organisation, business and workers, etc. However, criminal laws are abided for the criminal activities such as murder, offences, unethical activities, cheating, misinterpretation, fraud, forgery, etc.
Sources of Law
Common Law: These are the laws which help people in fighting for ethical rights. It is ancient and is applicable to limited case and managed only in the court.
Laws by European Union: European laws are focused on protecting the interest of society against exploitation. The laws by EU are based on human and employment rights like occupation health and safety, Equality act 2010 and many more.
Statutes: Statues are the base which are used by parliament to frame law according to different conditions and issues of society (Ewing and Hendy Qc, 2012).
Legislation: Legislations are the most essential parts of parliament which are enacted to maintain stability in country. House of Commons and House of Lords enact legislation with committee of 650 members.
Civil Law: The laws are enforced by parliament to maintain ethics and ability in society. It aims at preserving public from wrong commitment and discrimination (Underhill, 2010). As per the current situation, civil law manages cases less than £25000 and assess injuries less than £50000.
P2. Role of government in law-making
Government plays a vital role in managing successful change and making of law by parliament. Therefore, the statues in business are formed with the help of legislation which are enforced by government (Quinney and Shelden, 2018). However, the governmental regulations are enacted to protect employee’s rights and conflicts at workplace. The procedure of law making by government is as follows:
First Reading: In this, bill is proposedwhich begins from House of Common. In this phase, bill is scrutinised where the focus is to identify the problem for which bill has been proposed.
Second Reading: In this, issue behind proposed bill is discussed in front of Members of Parliament. If in case any argument occurs while discussion, the bill is directly sent to House of Lords without any voting.
Committee Stage: It is the stage where changes are made in bill in order to attain approval from members of parliament.
Report Stage: In this stage, changes are reported to parliament members to seek their suggestions and views on bill (O'Brien, Powers and Wesner, 2018).
Third Reading: This stage is related to discussion on final bill for seeking suggestions for amendment before drafting final bill.
Approval Stage: In this, bill is sent for approval to House of Commons and lords.
Conversion: It is the last stage where bill is approved from both houses and is drafted to royal accent. It is the source which gives final submission to proposed bill with consent of ministers.
Statutory and common laws are the act enforced by government and parliament for public importance. It is done by government to control and manage business operations. This assists the government in establishing complete control over organisational activities which ensure safe and secure business practices for economy, society and environment. It comprises of act like Sales and Goods Act 1979, Employment Rights Act, Companies Act, etc. (Lieberman and et.al., 2016). However, it can be said that to maintain safety and stability of organisational functions, it is important for Country Pine to comply with all regulations. Compliance with government regulation is the strategy which helps enterprise in maintaining ethical business functioning by serving employees and customer satisfaction (Ridley‐Duff and Bennett, 2011). Apart from this, it is the tool which assists in reducing chances of errors like forgery, misinterpretation, lack of communication, sudden modification, etc.
P3. Impact of employment law and contract law on business with example
Contract Act 1990: This act is enforced by parliament to enable job security to employees. It helps in obligating and securing rights of workers against wrong activities of business (Kubasek and et. al., 2015). Like in case of Country Pine the act will assist employee in complaining against management for conducting discriminatory and unfair activities.
Contract Employment Act 1963: This act is enforced by UK government to protect interest of workers against wrong activities like misinterpretation of information, misleading of rights, forgery etc. Non compliance with regulation is punishable offense for against which the company can be shut by justice of court permanently (Jones, 2017). The employees of Country Pine hold complete right to file case against conduction unethical activities in an organisation.
Employment Act 2008: This act is enforced to strengthen employee’s power. However, this act aims at empowering employees and helps in resolving disputes in organisation. It is related to employee safety and security at workplace (Groeneveld and Van de Walle, 2010.).
Health and Safety at Work Act 1974: Occupational health and safety is the foremost responsibility of an organisation. However, the act enforced by government aims at protecting safety rights of people at workplace. In accordance to this, if case the employee of country Pine feels insecure related to work environment due to conduction of unethical activities than the workers holds full right to sue company against this act for which the firm can face cancellation of licensing.
Unfair Dismissal Act 1997: This act is enforced by government to protect interest of employee against wrong dismissal of workers. For example, if in case country Pine fires employee for wrong doing but without evidence just for the sake of own business issue then the individuals holds right to sue company against unfair Dismissal Act where the firm will be liable to compensate to specific employee (Southey and Fry, 2010).
P4. The appropriate solution for business problem
According to conflict of Suppliers and Country Pine with regard to quality, it is important for the individual to resolve issue in order to maintain ethicality of professional relationship. However, impact of their disruptive relationship will also impact further supplies of organisation.