Navigating Workplace Regulations

Introduction

The assignment in the current regards works on understanding the rules and regulations operating within the tribunal bodies. The research report thus works on analysing similar case studies and evaluate the same for providing basic recommendations. The assignment additionally deals with laws within the field of workplace and how it can be implemented for ensuring better rates of productivity by removing the potential work related hazards. In similar regards, it is important to understand the ways employers should work on embracing proactive measures and promise better financial outcomes For students seeking HRM dissertation help, this study offers the most valuable insights into the legal frameworks governing workplace regulations and strategies in place to enhance organizational productivity.

Explain the basic legal structure

Different sources of law in English legal system

Law may be used to define the possible rules that govern the behaviour of human beings within a civilised society. Unlike the scientific laws that are obtained from series of observation of material universes are highly immutable (however, the knowledge of the same are subject to change), the legal laws are declared and decided by human beings and can be changed through the implementation of human intervention(Taylor et al. 2016, p. 8). The same holds true whether the justification of law is political, philosophical or religious. In England and Wales there are 4 prime sources of laws are as followes: domestic legislation, European Union (EU) law, common law and European Convention on Human Rights (ECHR). In England, archetypal common law os a hierarchy of sources, as termed as follows; legislation (primary and secondary); however, the case law rules for equity and parliamentary conventions coupled with comm.on laws.

Role of the government in making and applying these laws

When a vast majority within the House and Senate agree, the bill becomes law and is signed and sent to the highest authority making it law or may veto it. It is important that the Law Officers are the champions of the rule of law operating within the government. Thus, it is equally important that the general public is reassured that the concerned person will fulfil the role. It is, thus, the duty of the law officers to make sure that the Government acts lawfully all the time (Beyens and Lievens, 2016, p. 31). Parliamentary system in the British law making, is developed from executive branch of government. However, Parliament soverignity can be explained as follows:

Parliament can form any law and no one, including the courts can override the laws formed by the Parliament

No court can question the valid act of Parliament

Soverignity of the Parliament is the prime prospect of UK constintution

Soverignity of the Parliament males it the supreme legal authority to create or end any law

Through the ordinary process, Parliament can develop laws for regulating civil conduct; while altering the constitutional framework of the state.

Effectiveness of legal system in terms of recent development

Change inside the legitimate framework can mean various things. Most highlights of a nation's monetary, social and political life are typified inside resolutions or codes of law. The possibility that the legitimate change is sufficiently wide to cover any potential changes. Inside the setting of English law, the Education Act 1944 perceived the state training framework (Rothstein and Beaussier, 2017). The measures after the episode of second universal war, nationalized the coal mineshafts. Another outrageous law change can be interpreted as meaning the potential changes inside the legitimate framework, for example, the courses of action inside the court and the strategy is set down for bringing the cases. In reality the Law Commissions themselves may suggest that they have examined a few areas of law. For example, the current Law Reform Committee or Criminal Law Revision Committee depends on-selective character of the Law Commission framework, an acknowledgment dependent on the gigantic size of assignments identified with far reaching law change (Ishii and Komukai, 2016, p. 86). The progressions have been made in the area of family law. For instance, when the family law is under investigation. The standard agreements and the legally binding liabilities are regularly getting looked at. Notwithstanding, Meredith et al. (2018, p. 360), expressed the way that there exists no particular method of characterizing change inside the legitimate field. Be that as it may, changes inside the law are comprehensive of social, political situations. An outside eyewitness should remember this association that a methodical Parliamentary strategy is yet to be created in the UK and the change inside this nation may not be named successful or way breaking change inside different nations. In this manner, it is trusted that a few perspectives inside the UK experience both as respects to changes to the efficient council rules mulled over or affected in arrangement to the methods in the general intrigue. The progressions can be made without genuine aggravation or making potential issues inside the legitimate framework (Ahmed, 2017, p. 319). The referenced lawful changes can take a shot at upgrading the lawful framework and giving better personal satisfaction to the residents.

Analyse the potential impact of law on business

Investigating the different types of businesses

The wish to operate incorporate and unincorporated business entity is not easy. Each approach to business is laced with possible advantages and disadvantages. This demands analysis where one weighs the possible benefits and costs linked with both types of business. Unlike unincorporated entities, a corporation can be termed as an independent legal entity which is different from the members owning, controlling or managing the same (Nicola, 2016, p. 1505). In other words, incorporated organizations would work on shielding the personal interest of the owners from the possible claims and debts. However, the case of an unincorporated business has different as the sole proprietor subjected to a series of personal liabilities of the firms’ obligatory rules (Chríost and Bonotti,2018, p. 26). Thus, it can be conclusively stated, the owners executing the activities of unincorporated businesses are personally liable for the acts of liability. For instance, if for any given reason, the business runs into debts, then all of the business assets and personal asset will be used in meeting the business debts.

Explain how business organisations are managed and funded

Funding is designated for using the money that is not available to the user but are likely to be available during the time of need

Readily available funding coming from external source such as funds gathered from government grants.

Funds need to be arriving from internal source such as sinking fund that the firm create and build the anticipating need.

In short the business claiming to have enough funds may be referring to current balance and assets. The short term expenses are termed as operating expenses and supports the current asset, including cash and other assets, which can be converted to cash in near future.

Technology plays a vital role in helping the business organizations for improving their credit score and performance. For instance, companies are seen to make use of automated software modulating the companies that help in making informed decisions while the process of credit collection process is carried out.

Pros and cons of the formation of different types of business organisations

There remains no lack of the upsides of joining business contrasted with unincorporated organizations. Be that as it may, there stays a progression of downsides, one specific disadvantage can be named as a potential significant expense identified with fuse. The relating documenting expenses for fuse is amazingly high (Muir et al. 2016). Regardless of the significant expenses, the procedure identified with consolidation is monotonous, because of the colossal desk work that should be finished. In contrast to different types of organizations, consolidated business structures are bound with a few customs and must consent to the investor's privileges.

Unincorporated organizations are believed to profit by ease, effortlessness and adaptability connected to their structures. It is moderate and simple to set up joined organizations. The all-inclusive costs identified with upkeep are the base giving the best scope of adaptability, permitting the business development. The decision to maintain a consolidated or unincorporated business is subject to the mind boggling choice that depends on a progression of elements, for example, liabilities and dangers inside the business (Kolvereid and Åmo, 2019). For example, in the event that the marketable strategies to take part in exercises that are dangerous, at that point it is ideal to consolidate the business for the insurance of individual obligation. Be that as it may, if the hazard is insignificant, it is protected to consider setting up a unincorporated business.

Laws vs. Regulations vs. Standards

The complex terminology and different definitions often confuse the difference between standards, regulations and laws. Knowing each and how they work is important for understanding the individual role played by each in the legislation. In general, it can be easily stated legislative bodies are seen to pass laws, develop policies to implement the law as per the accredited standards:

Standards: Standards are often seen to make things work by outlining specifications for system and services. If implemented consistently they can promise efficiency, quality and safety. They may additionally work as a reference document that provides necessary details about the possible criteria involved (Kelly-Louw and Rott, 2016).

Standards: Standards are often seen to make things work by outlining specifications for system and services. If implemented consistently they can promise efficiency, quality and safety. They may additionally work as a reference document that provides necessary details about the possible criteria involved (Kelly-Louw and Rott, 2016).

Regulations: The detailed instructions on the ways law needs to be enforced or executed are sometimes referred to as administrative laws and their application is highly mandatory in nature.

Laws: The statutes, system of rules formed by the governing body of a state or country. Statutes are formed by the legislative body, then passed by the highest authority and everyone must abide by them to be legal. Thus, it can be stated that the legal structures need to be at par with the legal structures. However, Boadway and Tremblay (2016, p. 452), the meaning of a particular word such as regulation, rule and law can never be precise. The word law can be used for explaining several kinds of things. As stated by Zhang (2016, p. 100), a body of understood, and documented practices governing the life in a community describing the customary laws such law can be termed as common land law.

Impact of employment and contract law on business

Health & Safety responsibilities

Under the English Law, business organizations are answerable for the security proportion of the employees. The health and safety act therefore works on providing the following aspects:

Carry out possible assessment to address the work place risks

Providing the needed information that can protect the employees from potential risks

Taking advice from the employees for better safety management.

Answering Discrimination

Based on the Equality Act 2010 works on reducing the chances of discrimination on the basis of the following:

Gender

Marriage or civil relationship

Maternity leave or taking care of the child

Religion or sexual orientation

Contract law

Employment Rights Act 1996 states the employees need to have basic right, provided they are working for employer. The employee should obtain the payslip having details of the payment and deduction. The employee cannot be fired on basic issues such as not attending the time. The employment duration needs to be mentioned under contract. Most importantly, the contract needs to be two sided, keeping in mind the possible interest of the employee and the employers.

Appropriate legal solutions as per the scenario

Maxwell versus Angelica

Maxwell is an art dealer who agreed to sell a rare art by Angelica at a price of €500. An initial 10% payment was made and the remaining amount and the painting were promised to be delivered after an exhibition. However, before the exhibition, Angelica learns that Maxwell negotiated the price and promised to sell it to a different person at €900. Thus, it can be conclusively stated that the mentioned incident points towards a breach of trust. Trustees are severally liable for the breach of trust of the beneficiaries. The most common allegation is inclusive where a trustee:

Distributes true asset to the beneficiary, not entitled to them under the terms of the trust document

Breaches the possible fiduciary duty as the duty not to gain probable profit from the trust

Breach of statutory duty of care, for instance, exercising power of investment without exercising skill as per the circumstances. In regards to the breach of trust claims, from the date on which the breach was done, section 21 (3) related to Limitation Act 1980 (Shaikh, 2016, p. 116). It must be noticed that the six year time span would not work against the beneficiary whose entitlement is contingent upon the future events until the interest is rightly vested (Armitage v Nurse 1998).

The six year time is subject to section section 21 (1) related to Limitation Act 1980, providing no limitation in regards to time in regards to breach of trust of property (Melissaris, 2016). As stated by Cruz, Hardy and Sanders (2017, p. 290) fraud in certain cases refers to actual dishonesty. However, in the mentioned case scenario, breach of trust may refer to the reckless disregard for the interest of the beneficiaries. There remains no evidence in regards to the consent of the beneficiary. Additionally, it is a defence to a claim, in relation to the breach of trust consented with the breach. However, there exists a series of moderates as follows:

The beneficiary must provide informed consent

It is not important that the beneficiary has benefitted from the breach of consent, although that may be important (Fletcher - v - Collis 1905).

Statutory relief as per Trustee Act 1925

Section 61: It appears to the court that the trust may be liable for the breach of trust that has acted as per honesty and need to be relieved partly or wholly from personal liability (Rose and Busby, 2017, p. 670). The statutory relief under the chosen provision is completely at the tribunal's body’s discretion. The onus depends on the trust to exhibit that he acted reasonably. In the mentioned case, it can be reasonably stated that Maxwell acted as per his interest, selling the painting at a higher price can provide him financial benefit. The relief is also provided when the trustee has been found to breach the trust or contract and the tribunal bodies need to consider exercising the discretion (Grimshaw et al. 2017, p. 225). Even if the trustee acted honestly, the court may not work on exercising the discretion. Section 62 of the Trustee Act 1925, states that if the trustee commits breach of trust at the request of a third party then he or she may be subjected to punishment (App.croneri.co.uk, 2020). Under the chosen section, it is not important to show that Maxwell has actually benefited from breach. Hence, it can be stated that Maxwell can be subjected to legal actions if he decides not to give the picture to Angelica (EMPLOYEE RESCUE, 2020)

b) Nikolas Jacob vs Regents Vision

The act carried out by Regents Vision is termed as constructive dismissal. The section 94 of Employment Rights Act (ERA) 1996 gives the employee the right to sue the employer in case of unfair dismissal (EMPLOYEE RESCUE, 2020). Section 95 of the same act provides the circumstances under which the employee can be dismissed. In similar regards section 97 provides the effective date of termination which is equally important for calculating the actual time limit for bringing down the claim related to unfair dismissal (Citizensadvice.org.uk, 2020). As per the mentioned case study, it can be clearly stated that Nikolas was not provided with the required information in regards to relocation. Thus, Nikolas can act as per section 98 of ERA 1996 and determine whether his termination was fair or not (Citizensadvice.org.uk, 2020). Once the tribunal body proves that Nikolas is not guilty, then it becomes the responsibility of the employer to prove that the dismissal was fair. As the claimant, Nikolas should work on proving his innocence. The qualifying conditions for unfair dismissal are as follows:

Nikolas needs to be an employee, rather an employee with continuous 2 years working tenure with the company

The employer did not make use of fair procedure of dismissing

A time period of minimum 3 months was given before the final decision was made

The issue in the mentioned scenario was related to relocation. As per the Burchell test, the employer can prove his or her point of fair dismissal if the following things are there in consideration:

Poor professional conduct

Poor work performance

Breaching of company policies

However, in the case of Nikolas there remains no evidence of the factors mentioned above. Thus, it can be conclusively stated that Nikolas can take judicial action against his company as seen in case of Royal Mail Group Ltd v Jhuti [2019] UKSC 55 and obtain the needed compensation for unfair dismissal under section 112 and 118 that consists of the following:

A basic reward that reflects the fact that Nikolas has been dismissed under unfair terms and conditions

A suitable compensatory reward that can work on compensating the financial losses due to the unfair dismissal of the employee (Blacker et al. 2016, p. 40)

Probably, an additional reward in case the employer does not work for re-engagement. The tribunal bodies can work for the additional recompensation between 25 to 56 weeks pay. Thus, it can be clearly stated that Nikolas holds a strong ground of obtaining the needed justice. Abiding by the mentioned legal stature can provide the right decision (Hope et al. 2017, p. 50). However, Nikolas needs to make sure that he has been professional, diligent towards his work and can prove the same.

c) Johnson vs Company

The workplace safety is of prime importance for maintaining the level of productivity. Johnson was subjected to an accident that proved to be fatal. Due to the fall, Johnson was confined to bed with injuries. The limited mobility caused financial and psychological distress and the claimant demands money for the same. However, the company stated the fact that there was a warning sign on the floor and decided to fight in a legal way to not give the money. As per the mentioned case study, it can be clearly opined that Health and Safety at Work Act (HSWA) 1974 (Dupont et al. 2018). This act places a legal obligation on the employer to make sure that the employees are reasonably kept safe. Under the mentioned act the employers ensure that the potential risk related to work is controlled or eliminated. Management of Health and Safety at Work Regulation (MHSWR) 1999. These regulations demand employers to consider the possible safety and health risks to the employees and carry the needed risk assessment process that protects the employees from foreseeable risks (Flynn and Li, 2016, p. 240). There remains no evidence apart from the sign that warns the employees about the potential signs of work related hazards. These risks are inclusive of work related violence, risk assessment examination can be termed as

Determining the potential hazards within the workplace

Establishing the importance of the risk on business operations

Identifying and implementing suitable preventing measure to control the impact of the risk

Producing a clear management action plan that can work on reducing the potential risk

The current company works with more than 5 employees and thus needs to record the important findings of the risk assessment (GOV.UK., 2020). In addition to that employers have the need to appoint adequately skilled people, set up plans and procedures during the event of emergency and provide the required training for the employees to work within the same workplace. The employees on the other hand need to implement the training to report the possible shortcoming related to safety arrangement and health issues. As per the case study, Johnson states the fact that he was not aware of the sign. This statement clearly proves the fact that there remains no evidence related to work hazard related training that is often termed as a mandate under Health and Safety at Work Act (HSWA) 1974 (GOV.UK, 2020). As per the legal obligations, the employer should implement techniques to ensure suitable risk reduction and adopt the following controls in descending order of priority.

Eliminate the risk completely by removing the hazard. The company should work on hiring the potential security company that can project the hazard related area or the process

In case there exists no chance of risk elimination, then the employer should use of obtaining substitutes or improved technical solutions that can work on reducing the impact of risk

In Wales and England, anyone wrongfully injured in an accident has the right to make personal injury related claims.This is applicable for anyone who is wrongly injured and can make a personal injury claim. This is applicable if the employer is accountable for the action. Thus, it can be clearly stated that Johnson can take legal action against the employer. However, the time limitation to take the needed legal action is limited. As per the existing regulations, it is important to know the fact that the most common claim in relation to personal injury is up to three years (Citizensadvice.org.uk, 2020). However, it should be taken into consideration that legal action in regards to the compensation to injury can be expensive and companies tend to avoid those.

Thus, it can be recommended, to avoid potential workplace related issues it is important to form a legally binding contract. As influenced by Hope et al. (2017, p. 48), a legally binding contract can work on reducing a series of risks in the business. The legally binding contract can work on reducing the potential risks within the business. The contract in itself works on creating an obligation on both the parties to perform their duties. In business, contract is of prime importance as it works on outlining the expectations for both and protect interests of both the parties. The workplace needs to be laced with policies that is aimed to reduce potential work related hazards. The employees need to be aware of their potential rights. The employees need to be well versed with the laws for safeguarding their interests in the workplace.

Continue your journey with our comprehensive guide to Molly Rashid's Eligibility and Relief Calculation in the Sale.

Conclusion

In the above study, it can be clearly concluded that the legal terms and conditions. Thus, it can be easily stated it is important to obtain a clear understanding about the legal regulations. A clear concept about the same can work on reducing the work related hazards and ensure high rates of productivity. The piece of research work works on understanding the sources of English law, the types of businesses and how it operates. In addition to that the assignment works on evaluating the different sources of law and the potential impact of the same on the country. The work additionally evaluates the potential work of governing bodies in forming and implementing the law.

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