Business Law RQF
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Laws are important to govern the business and to protect the rights of those who are a part of it. Business laws are the set of guidelines and standards defined for the effective commencement of the organizational tasks. Law has numerous fields that serve crucial role in business. In this report, various important laws that organizations must comply with have been discussed along with their impacts on business. In this assessment different business problems have been given and to solve them, the suitable legal solutions have been mentioned that suit best to the defined business scenarios. Different case studies have been discussed thoroughly and legal solutions have been provided in this report. In one of a sections, the comparison between the legal solutions and legal framework has been drawn to widen the understanding of English legal system.
b.) Explain different sources of laws that organisations must comply with
There are many sources of laws that organisations must comply with:-
- Custom: These are traditional rules that were practiced customarily and habitually and are unofficial. Violating those may leadto the punishment by the society.
Ex- Law of Nations
- Legislation:these laws are established by the parliamentary body of the country or a state. In other contexts, the ordinances and regulations of administrative agencies passed in order to carry out some legislative functions.
Ex-Environment Act 1995
- Precedents: In context to English legal systems, a precedents are the common-law doctrine, whereby the previous decisions of a court are taken into reference to resolve a similar present case.
Ex- Ratio decidendi
- European Laws:These are the directions, regulations, and decisions defined in the treaties signed by the members of the European Union. These laws are above the laws of the UK.
Ex- EU consumer rights directive
C.) Explanation with examples of English laws (at least 3) that a business organisation must comply with.
There are different laws that vary with the nature of the business, but some of them are always applicable to every business:
- Employment law: This law talks about the employer's obligation and how he/she must abide by to make sure that the employees are treated equally and fairly. Issues this law covers are:-
- Minimum wage
- Redundancy and termination of employment
- Consumer Rights Act 2015: The legislation passes this act in order to protect the rights of the customers while purchasing some goods and services against the unfair contract term. It also displaces the earlier legislation defined in Sale of Goods Act and Supply of Goods and Services Act.
Under the Consumer Rights Act, every services and goods supplied to the consumer should be of:-
- satisfactory quality
- fit for the purpose
- match the model or sample or description
- Installed correctly
- Competition law:The Competition Act of 1998was passed in order to prevent any business (whateverbe its size or turnover) that would strangle competition and unethicallylimits choices available to consumer. Business must be aware of the competition law, so as to meet its obligations, safeguard its rights and defend its position in the market.
d.) Explain the role of government in law-making
The elected government of UK, first identify the issues causing the uneasiness in the governance of the nation. Later on the ideas for the same issues are considered by the representatives of the government. The experts and interested people are approached and a proposal is made. The cabinet ministers forward the proposal into the House of Commons as a bill. The bill is subjected to an open debate and later on it is put into scrutiny by the Committee. The final outcome of which is taken to the House of Commons as a report. Bill is introduced in the House of Lords where it is been assessed and alterations (if any) are suggested and after the final debate of the House of Commons and making the suggested amendments, the bill is sent to Royal Assent. After the approval of Royal Assent, the bill is approved as an act.
e.) An explanation of how the statutory and common law is applied in the UK justice courts
Providing at least three court cases.
The statutory laws are passed by the Parliament and are given the prime importance in the legislation of the UK. The statues are codified laws that include all the bills both public and private, and arewritten in a formal document. Common law is created by the judges within a court. Since statutes do not apply to every case or circumstances, and might be relevant in resolving some specific case, common law serves as a critical instrument to understand and apply any statute law.
While making a verdict, a judge applies and incorporates both statute and common law of the United Kingdom. If somewhere the common law contradicts the statute law, the latter will overrule.
f.) Using a business organisation of your choice as an example, illustrate how Company,Employment and Contract law (English Law) has a potential impact upon your chosen organisation.
The Marriot International is an organization on which thousands of employees have put their trust. The reason being the responsible management and dutiful managers who have created a comprehensive UK employment contract, thereby creating a strong and rigid legal foundation on which a sustainable organization has been built. Without a valid employment contract, a healthy employer-employee relationship cannot be developed. The Employment and Contract law (English Law) provided the guidelines that should be there in the employment agreement. Those expectations must fulfil the desires of both the party. Marriot signs a contract as soon as the employee join the company. There are numerous clauses that have been inserted in the contract as guided by the Employment and Contract law, such as stopping employees from joining the competitors, poaching the staff, stealing the information and secrets, and accidental claim. This law has also guided them to improve the health and safety of the workers, thereby increasing the trust among the employees.