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Assignment Task :
Submission Format:
LO1 The submission is in the form of a 10-minute individual PowerPoint presentation of a Handbook,
supported by well explained speaker notes. The presentation slides and Speaker Notes should be submitted as one copy. You are required to make effective use of PowerPoint headings, bullet points and subsections as appropriate. Your research should be referenced using the Harvard referencing system.
The submission is in the form of an individual written essay. This should be written in a concise, formal academic style using 1.5 line spacing and font size 12.
You are required to make use of headings, paragraphs and subsections as appropriate, and all work must be supported with research and referenced using the Harvard referencing system. Please include in-text and provide both a list of references using the Harvard style referencing. The recommended indicative word count is 4500- 5000 words for the entire assignment, although you will not be penalised for exceeding this indicative word count.
Unit Learning Outcomes:
1 Explain the nature of the legal system.
2 Illustrate the potential impact of the law on a business.
3 Examine the formation of different types of business organisations
4 Recommend appropriate legal solutions to resolve areas of dispute.
Assignment Brief and Guidance:
Scenario
You are a trainee in ‘Concern Solicitors’, assisting Esther Adams, a partner in the law firm. The work relates to advising new start-up companies on the legal system and key legislations on a business that they are required to know and apply. Esther Adams wants you to provide a coherent and critical evaluation of the legal system and law, with evidence drawn from a range of different relevant examples to support your judgements.
ACTIVITY 1: Nature of English Legal System and Potential Impact on a Business
1.1 You have been asked to produce a handbook to be presented to new companies in order to support your business advice and guidance. Prepare not more than 15 PowerPoint slides for 10 minutes presentation in class supported by well explained speaker notes. It will be an Individual Presentation:
The contents of the presentation and speaker notes must include
• the different sources of UK Law, the
• four arms of the UK Government and
• how statute and common law applied in UK Justice courts.
1.2 Illustrate, using specific case law examples, how company law, employment law and contract law each has a potential impact upon a business.
1.3 Evaluate the effectiveness of the UK legal system in terms of recent reforms and developments. Your evaluation must include, among other recent reforms, The Woolf Reform, Alternative Dispute Resolution (ADR) and Administrative Law.
1.4 Differentiate between regulations, legislations and standards to analyse their potential impacts upon businesses organisations.
1.5 Provide a coherent and critical evaluation of the UK legal system and law, with evidence drawn from a range of different relevant examples to support your decisions. Your critical evaluation must include the adequacy of the sources of law, law making process and the recent reforms such as The Woolf Reform, Alternative Dispute Resolution (ADR) and administrative Law.
ACTIVITY 2: Formation of Business Organisation and Legal Solution to Resolving Disputes
2.1 Explore how different forms of business organisations are legally formed. Your explanation must include the legal classification and structures of business organisations, the types of companies and registration requirements of the different business formation.
2.2 Explain how business organisations are managed and funded. Your explanation must include the key internal stakeholders involved in their management as prescribed by law and the application of company law in raising capital and in liquidation.
2.3 Critically review and assess the types of business organisations including the advantages and disadvantages of the different formation of these different types of business organisations.
2.4 In the context of each case study below, undertake the the following activities
i. Recommend appropriate legal solutions for resolving the disputes or legal implications that arise. Your recommendation must include justifications for that legal advice in the case and how a party might also obtain legal advice and support.
ii. In each case, compare and contrast different sources of legal advice and support for dispute resolution to the business problem.
iii. Evaluate the effectiveness of each legal solutions, legal advice and support for dispute resolution in the given problem.
Case A: Thomas and JVC Plc
Thomas has been appointed as one of the board of directors of JVC Plc. Thomas is wondering whether he would be entitled to any pay for his services and would like to know how JVC Plc should relate with its employees. Thomas is also wondering as to what will happen when JVC Plc starts struggling to survive.
Case B : Augustine and Smart Equipment Ltd.
Smart Equipment Ltd deals with the manufacturing and sales of household equipment. The Company has advertised various positions in the Metro Newspaper for employment. Augustine who is a UK citizen with his family has applied online for the post of the Marketing director and likewise Augustine’s wife applied for the same position. The company after interview offered the job to the husband claiming he is the bread winner of the house and beside men are more energetic and stronger than a woman.
After 5 years, Augustine was dismissed on ground that the company is shutting its high level emission releasing plant which has caused serious pollution in the area and also Smart Equipment Ltd is cutting down its work force because it is not growing and the company is spending above its revenues. After 10 years of Augustine’s dismissal, Smart Equipment Ltd leaked his personal details to certain organisations and individuals. Augustine also registered a company using Smart Equipment Ltd logo and symbol. Clearly, there are potential legal disputes on the matter. Discuss the legal implications of the above scenarios in the context of requirements.
Case C: Daniel and Smart Equipment Ltd
Without prior consultation with employees Smart Equipment Ltd’ made it known at the beginning of February that all employees are to start compulsory overtime from the month of March. Apart from Daniel, a member of a trade union known as ‘Join us’, the decision was a welcome development for some of the employees. Daniel did not join other employees in doing the overtime and resigned with effect from 31st March. Daniel is now thinking of suing Smart Equipment Ltd on ‘CONSTRUCTIVE DISMISSAL’, he is now seeking your advice based on the Alternative Dispute Resolution, ‘ADR’ and types of ‘ADR’
Case D: Jarret & Janet and Italian Restaurant
Jarret and Janet are engaged, Jarret decided to give Janet a treat, so they decided to have dinner in an Italian restaurant in the West end of London. Janet placed an order for a red -wine, she had a sip of the red- wine unknown to her the red-wine had a decomposed snail, she developed a stomach upset which resulted in her suffering from diarrhoea. She now seeks legal advice from you. Advise Jarret and Janet on their Negligence claims.
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