Legal Factors - Civil & Criminal & EU - All The Laws

Question 1

Types of law

Answer 1

Civil law
Criminal law
EU law

Question 2

Civil law

Answer 2

Law concerned with the rules that govern business relations and people

I.e. employment rights and consumer rights

Have to pay damages (payment to compensate the business or person that’s been damaged for any loss or injury)

No imprisonment, fines, not a criminal

Question 3

Criminal law

Answer 3

Law defining the actions of the state are wrong and the punishment from these actions

Found guilt as a result can mean a fine or person

Question 4

EU law

Answer 4

Some laws affecting the UK through EU law I.e from the Social Charter concerned with wages, working conditions, working time directive (not more than 48 hours)

• REGULATIONS = have to be adopted and applied in a certain way
• DIRECTIVE = applied as law but it’s up to the individual member country to decide how to implement it

Question 5

Law importance

Answer 5

• make employees behave in a responsible way
• stopping unacceptable behaviour
• stops unhealthy and dangerous working conditions leading to injury or death or workers
• not pollute or destroy the environment
• not dismiss employees with no explanation at all
• workers can’t just turn up to work when they want and not following contracts
• stops stealing of work property
• ignore manager instructions about work and their safety etc.

Question 6

Types of law (the proper name ones)

Answer 6

Laws governing the RELATIONSHIP BETWEEN BUSINESSES

Laws governing CONSUMER PROTECTION

Laws governing HOW TO TREAT EMPLOYEES

Question 7

Laws governing the relationship between businesses

Answer 7

Contract law

Competition and monopoly law

Intellectual property law

Financial conduct law

Company and partnership law

Question 8

Contract law

Governing business relations

Answer 8

Contract laws set OJ the basic framework of rights and obligations

Can be an offer to supply something at a particular time/in a particular quantities

Binds on both parties so against the law for one party to change the terms of the contract without the other one agreeing

Breaching = breaching civil law so having to pay damages

Question 9

Monopoly and competition monopoly law

Governing business relations

Answer 9

It’s illegal for businesses to restrict competition in the UK + EU

‘Competition policy’ aims:

• technological innovation which promotes dynamic efficiency
• effective price competition between suppliers
• choice and low prices for customers

CMA to ensure businesses comply with the law since 2014 = MONOPOLY IS ONE OVER 25% MARKET SHARE

2 types:
- ANTI-COMPETITIVE AGREEMENTS
( mergers, takeovers, collusion) 
- ABUSE OF DOMINANT POSITION
( artificially setting a low price or too high a price which threatens suppliers both up and downs the supply chain) 

THERE ARE NATURAL MONOPOLIES DUE TO PRIVATISATION (NHS investigating into doing this)

There is also DIRECT REGULATION with gas and electricity markets

Question 10

Laws governing consumer protection

Consumer protection

Answer 10

Sale of goods act

GDPR act and Data protection law

Weights and measures law

Consumer protection from unfair trading regulation

Unsolicited goods act

Question 11

Sale of goods act

Consumer protection

Answer 11

• goods must be of sufficient quality, as described and fit for purpose
• if these aren’t met, then the business must provide consumers with a replacement or their money back

Also ensure products are safe to use

Question 12

Weights and measures act

Consumer protection

Answer 12

No short measures or an incorrect indication of the amount of a product on sale - 1L means it should contain 1L

Question 13

Unsolicited goods act

Consumer protection

Answer 13

Illegal to demand payment for services that haven’t been ordered = breaking the law

Trading Standards Authority investigates breaches of consumer laws and helps consumers take businesses to court

Question 14

Consumer protection for, unfair trading regulations and trade descriptions act

(Consumer protection)

Answer 14

Present customers from being intentionally misled when buying goods

Goods descriptions must not be incorrect or misleading

• a ban on unfair practices
• a band on misleading or aggressive practices
• a blacklist on unfair practices

This stops the business from doing this:

• aggressive doorstep selling
• claiming an item is free when it’s not
• persistent cold calling
• time limited offers that aren’t time limited at all
• refusing to take no as an answer

Question 15

GDPR and data protection

Consumer protection

Answer 15

How personal information on customers and employees is stored and used by a business

Business must use this information for lawful purposes, for a limited time and kept securely

Changes how business process and handle data

RECENTLY UPDATED IN FRIDAY MAY 25th AS A CHANGE TO THEIR PRIVATE POLICY

Due to previous policies from the 90s now being very out of date so they can let you know what they’re doing with your data

Question 16

Laws governing how to treat employees

Answer 16

Discrimination law

National minimum wage act

Health and safety law

Employment law

Question 17

Discrimination law

Answer 17

No discrimination on sex, sexual orientation, religion, disability

Question 18

National minimum wage act

Answer 18

Minimum level to pay all employees in the UK under 18

Doesn’t matter is part or full time

Piece rate system then it has to ensure the work system is sufficient enough for enough items to be made for the employee to earn at least the minimum wage

Question 19

Employment law regarding dismissal

Answer 19

Fair =
= gross misconduct
= can’t do your job any,ore
= prolonged illness
= continued employment will break the law 
= capability

Constructive =
= manager actions mean you need to leave
= leaving off your own back or have no other option after gross misconduct

Unfair =
= anything that isn’t fair

Wrongful =
= right season for Wong procedure
= being late for work and sacked with no warning

PART TIME RIGHTS

EMPLOYMENT TRIBUNALS AND ACAS

Impacts: it costs money with legal action, training, communication, drafting policies

Question 20

Health and safety law

Answer 20

Businesses owe you a duty of care as employees to their workplace

The minimum safety standards and policies and procedures:

• is the PLACE SAFE
• what’s the SYSTEM like I.e you climbing ladders to get to work
• what’s the ENVIRONMENT like I.e noise, smells
• is the MACHINERY SAFE I.e warning signs
• are there SUBSTANCES INVOLVED I.e chemistry
• are the EMPLOYEES SAFE from other colleagues

Smoking was banned in the workplace in 2007

Health and Safety Executive =
= criminal law
= criminal negligence by NOT putting a sign up or putting fire alarms in place

Question 21

Complying with the law

Answer 21

Compliance with the law can be built into the business strategic planning process when the government makes changes in the law in advance

Will affect employee stakeholder groups - can’t be expected to know how they’re to behave without guidance

ACAS - to ensure that the business is complying with the law still and if their business practices are okay

Involve employees at the early stage of the law to build their views into the plans with employees having ‘ownership’ of any changes

Question 22

Benefits to complying with the law

Answer 22

= avoiding fines which means lowering profits
= avoiding claims for compensation which lowers profits
= avoiding bad publicity can deter potential employees and customers as it affects them both i.e Facebook scandal
= fewer days off and less accidents by complying with health and safety so better employee relations
= employees reaching full potential, coming into work, employees being treated right with discrimination law and employment law etc.