Business law is beneficial for governing the commercial activities of a business. This can also be used for mitigating issues that arise in an organization. Commercial laws are implemented to regulate corporate activities. The study would highlight the role of a Senior Employment and Dispute Law Advisor in the context of Global Solicitor. Additionally, different sources of law, the role of government in law-making, and its application in justice court are taken into account. The effectiveness of the legal system within an organization and exploration of the pros and cons of its formation is also discussed. Along with this, it has also been stated about the recommendation of appropriate solutions that can be helpful for resolving issues and disputes that arise within an organization.
There are different sources of UK law that are inclusive of legislation, European Union Law, and European Convention on Human Rights and Common Law.
Legislations include the acts introduced and amended by Parliament. The principal legislature is based in London, The UK Parliament. This body has the authority to sanction all the laws applied in all other countries. The Legislations after being passed by the Parliament is described to be a new law. UK Parliament consists of the House of Lords and House of Commons (Miller and Jentz, 2017).
The House of Commons comprises 650 members of Parliament (MPs). Each MP is selected through a system called “first-past-the-post”, each MP is assigned the duty of handling the operations of each geographic constituency. Each MP has a single vote and the participant with the highest number of votes is elected as the MP of that particular constituency.
Bill is a proposal to the new law; this can be signified as an amendment made into the existing law. These changes before passing are made to be present in Parliament for debate. This debate has to be consented to from both the houses of the Parliament. A draft bill is issued before its formal presentation in Parliament. This can further let the bill become law according to the decisions made by the Parliament (Allen and Kraakman, 2016).
European Convention on Human Rights
European Convention on Human Rights (ECHR), is one of the major human rights treaties of the Council of Europe. The Council of Europe has a separate legal system and there are 47 member states that involve UK, Russia, and other EU countries. The ECHR contains most significantly the Human Rights Act. Furthermore, political and civil rights are also included in this agreement. In the articles taken from ECHR, it has been mentioned about right to life, right to a fair trial, no punishment without law, right to education, freedom of thought, belief and religion, and more (Cameron, 2017).
Common law in the UK is established by the decision made by the court based and enacted in the legislation introduced. The common laws are administered by common-law courts of England (Cox, 2015). The legal system followed in this case is derived from the civil law that has now been widespread in different continents.
European Union Law
The UK is a member of the European Union that caters to take over the precedence of the law that is made in the UK. European Law is an effective system through which the laws are operated within the member states the EU comprises social, economical, and political policies that can help the country to organize its operations accordingly.
Role of government in law-making
Parliament plays a significant role in handling the functions of law-making for a country. Legislative functions are also performed in order to acquire the power of amending, approving, or rejecting laws. These functions are linked with stimulating power and authority in democratic countries. Under laid are certain functions required to be considered during the process of lawmaking
To represent citizens interests
The interest of the citizens must be underpinned by the parliament and hence, accordingly, the laws and associated decisions must be made. In the presidential system, MPs cater to produce draft laws before their amendments and final approval. In addition to this, some parliament also allows the initiatives taken by the citizen of the country in association to introduction drafts laws for debate (Norris, 2016).
The government is responsible for handling all the operations of the country. During the General Elections, the political parties take seats in elections. The leader of the winning party is appointed as the Prime Minister. He/she also gets the authority to decide on the laws of the country.
To monitor the actions of the government
Parliament is also responsible for supervising the actions of the government. In the House of Commons, the elected people are assigned for the next five-year tenure until the next general elections. In the House of Lords, the members are appointed for life irrespective of any election. The members of this house are chosen on the basis of their experience and knowledge that can help in the process of lawmaking for the country (DiMatteo, 2016).
To pass laws
Before a law is enforced, there is a draft bill introduced in the parliament. The drafted bill is introduced to the parliament, sent to the committee. The committee alternatively takes actions and with the consent of both the houses, the bill is made to be a law. In this case, the government manages the taxes and other daily operations, where these laws are taken into account (Tushnet, 2017).
Application of statutory and common law in justice courts
Common laws are different from statutory laws. Statutory law can be stated as a formal body of the legal system this inculcates written legislation. These are based on certain rules and regulations that can be effective for analyzing behavior with the public.
On the other hand, common law allows the judges of justice courts to make decisions for the case that depends on the initial ruling of the cases. However, common laws are used for solving disputes. Additionally, the Government makes statutory laws (Carlin, 2015). This has been useful for ensuring the effectiveness of day-to-day business operations.
The recent amendments in the laws have to lead to several development and reforms. However, the political, social, and economic factors, helps to signify the opportunities and threats, and thus, accordingly, codes of conduct and standards are implemented. The idea of law reform widely covers up the issues and conflicts. For instance, being a senior employer at Global Solicitors, it is necessary to ensure the implementation of legislation like the equality act, employment act, and equality act 2010. This can help the businesses to develop their organizational procedures and takes initiatives to enhance and stimulate further reforms within the organization (Bird, 2018).
The legal development however has certain pros and cons that can hamper the proceedings of a business. The legal systems like the implementation of certain above-mentioned legislations can provide benefits to the employees of Global Solicitors in terms of equality, fair remuneration, and irrespective of sex discrimination (O’Brien et al., 2018). On the other hand, these can also be harmful when the employees misuse these legislations and this lays an adverse effect on the business environment.
The company’s rule of law provides a hindrance to the business about the understanding of the expected personal capacities. It is also responsible for setting up of business rules so that the employees can understand the fact about the transactions and the dealings of the business (Miller and Jentz, 2017). The company rules also abide others and the government from violating the property rights if any disputes arise. The rule of law helps in providing predictable means to resolve those disputes peacefully. The company laws help a business in every aspect by providing guidance and direction in all aspects of the business. For example, the company law helps in making neutral decisions against the disputes towards the complaint against another party. The company rule helps the employees, employer, and the business in filing the complaint in a proper court in order to initiate legislation.
There is an impact on the business operation by the environmental legislation. There needs to be several friendly and environmental ways that a business needs to find in order to dispose of the wastes so that6 it does not contribute to pollution (Ginzberg, 2017). These laws provide an impact on the safety and health of an employee and the public (Lobel, 2017). The employees or the public can file a complaint of their damage or loss and if it is being found that the damages or the loss is due to improper practices of poor health by the organization then the business firm shall provide the compensation. This will have an adverse effect on the profit margin of the business and a regulatory effect on the confidence of the stakeholders in the business. The business needs to be registered and regulated, negligence of issuing license might call off the business of the company, and they have to pay the fines. For example, the minimum age required to work in a company is 18 years, and workers under that age are considered to be illegal and the company is bound to be penalized.
The contract law is the most important and inherent part of a business as it provides a direct impact on the business. The contracts can be thought of as forming orally but it is an appropriate practice to write the terms of the contract on paper. For example, if a software company admits to supplying their services to another different company then there needs to be an agreement, which will focus on the duration of the services and the pay grade scale (Thörnquist, 2015). The agreement needs to be properly judged and agreed upon all the factors provided by both parties.
There is a considerable impact of contract law in business as it increases the certainty level in the regulations of the business. There can be an adverse effect on the financial condition of the business if there is an ambiguity in the contract terms.
There are differences between the legislation, regulations, and standards in the UK that help to understand the critical role of the solicitors.
Standard requires guidelines for products, services, and systems and it is worked by providing specifications for different products and services. It ensures efficiency, safety and quality of the products and services if the standard is used consistently for the products (Dempsey, 2016). It provides detailed criteria of the products and services by setting a reference.
On the other hand, regulations provide detailed instructions on laws that are enforced and carried out by different organizations. It is referred as rules or administrative law, which is applied in the organization to maintain a suitable structure for all organizational people (Voermans, 2017). Difference between standard and regulations are that regulations mainly lie in compliances. Standard is voluntary but regulations are mandatory. Regulations are required for an organization to fulfill the organizational activities effectively.
The impact of regulations in an organization is that the organizations can create different rules to improve their structure and build a suitable workplace for the employees. It is required for strategic decision-making as the managers can include ethics in the internal structure and can reduce conflict in the organizational operations. On the other hand, it is mandatory for the organization to follow the legislation in the operations. The organization can improve employee trust and loyalty as well as operate fair trading by following the laws of the UK. As it is a legal boundary, legislation is required to be maintained by the organization otherwise they can be punished. Legislation helps an organization to create regulations for trading, supplying, and manufacturing as well as it helps to create rules for the employees and customers (Picciotto and Mayne, 2016). Therefore, legislation is required for the employees to protect the employees and stakeholders of an organization and maintain workplace diversity.
The standard law has several impacts on the services, product, and system of the business in the review of the requirements that are predetermined. The standards are developed according to the process named consensus that provides the international guidelines. The standards development process takes care of the interest and the needs of the individuals. The standards are maintained by the industry and are constantly updated in accordance with the trends of the industry, which helps to have a competitive business and maintain an edge over other companies. There has been a proper involvement in the standards by the organization around the world, which shows signs of competitive cost benefits.
It is necessary for every business to follow the legal aspects and maintenance of the laws and legislations that can help the company to secure its position and hence develop its business operations effectively. There are different types of business organizations depending on their legal formation. Under laid are different organizations:
The single person owns a sole proprietorship. As per the legal requirements of the firm, it is observed that the person is singularly responsible for meeting all the requirements of the company. The owner shares the profits and losses by himself. The profits made by the company are shared after paying all the taxes. In case of losses, the owner is personally responsible for it. In addition to this, there is a chance of tremendous risk, if the owner is on the verge of a lawsuit. For instance, this can lead to the forfeiture of the assets of the owner (Solomon, 2017). This type of organization requires permission and a license for social security. Furthermore, the owner himself would entirely do raising capital and collection of revenues. In case of any conflicts, the owner is liable to solve the issues and hence, mitigate the troubles that arise due to the issue.
In the case of a partnership, there are either two or more who are devoted to conducting their business operations. The profits and losses made by the firm is either shared equally or divided among them according to the investment of the partners. A partnership firm can be successful much in case the other partner supports other partners and they work in collaboration. For instance, it can be considered that if the accountant of the company is not present due to some issue, the other substitute partner would take over the responsibility till the time (Persadie and Ramlogan, 2015). According to the legal requirements of the company, a partnership deed is an agreement where the terms and conditions associated to the partnership firm are required to be followed by them. The partners are also required to follow the legal terms and conditions for the firm.
Conduction of business procedures is termed as incorporation and thus, this helps an organization to instill flexibility within the company. This type of organization provides the employees various legal rights. The owners of this type of organization have limited liability as the corporation has separate legal standing and the owner takes the initiative to secure the personal legal actions. This can also help to maintain the security of the employees within the firm (Perry-Kessaris, 2016).
For instance, for this type of organization, the government supervises the business operations. Members of the Board of directors are also appointed for conducting meetings on regular basis and the minutes of meetings must be recorded and used for future reference. The income made by the company can also be subjected to taxation in association with personal and business revenue. Through sales of stock, the ownership can also be transferred, and accordingly, the interest of the corporation is shifted.
Limited Liability Company (LLC)
Limited Liability Companies and corporations share almost similar advantages and the only case they differ is in association to governing of their operations that vary from one state to another. In relation to business lawyers, it becomes of sheer significance about retaining the services that are provided to the customers by the employees (Bayern, 2016).
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