BL A1 - Business law assignments 1

business law (Học viện Ngân hàng)

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 SPEAKER NOTES
1. Introduction:
ATOA Payments Ltd is a start-up firm founded in LONDON, England, in 2022. Atoa
is a financial services company that employs 50 people (Linkedin. uk, 2023) Atoa works with
UK companies to accept bank transfers for online and physical transactions.
As a paralegal at the Slaughter and May law firm, new start-up firms like ATOA
Payments Ltd will be introduce about the UK legal system and the core laws that the
company has to comprehend and use.
2. Introduce The Legal System's Nature:
2.1. Legal system:
The legal system encompasses governmental and private activities based on legal
functions such as rules, institutions, and regulations. (Alvendia, Kelly & Demarest,2018).
There are four main legal systems in the world: civil law, common law, customary law,
theocratic law.
The legal system is what I consider to be: The collection of rules, regulations, and
institutions controlling how people, groups, and governments behave inside a particular
territory is called a legal system. The legal system provides a framework for creating and
upholding legal rights, settling conflicts, and preserving social order. Around the globe, many
different legal systems are influenced by various cultural, historical, and political elements.

2.2. Types of legal system:

Common Law: The United States, Canada, Australia, and New Zealand are among
the nations that have adopted the common law legal system, which originated in England
(University of South Carolina, 2018). Common law nations often split their legal systems
into two primary branches: civil and criminal law. In the common law system, the law is
created primarily by judicial decisions rather than legislation or other forms of written law.
Judges are tasked with interpreting and implementing the law under common law, taking into
account precedents, past court rulings, and the concepts of justice and fairness. This implies
that the law constantly evolves and adjusts to new situations and social norms. Sometimes,
common laws serve as the model for new legislation (Chen, 2022).
Civil Law: Civil law systems include extensive codes and constitutions that contain
the vast bulk of the law. Systematically written rules make up the civil law system. Unlike

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common law countries, civil law jurisdictions have persuasive precedents but are not binding.
Courts must consider prior rulings consistent with case law (Elliott & Quinn,2015). There are
civil law systems in France, Germany, and Japan, among other nations (University of South
Carolina, 2018).
Customary Law: A kind of (principally) unwritten legislation that regulates
interpersonal interactions and conduct is known as customary law. Customary law, as its
name suggests, is based on a community's customs and occurs when a specific legal practice
is practiced and regarded as law by the relevant parties. When customary law functions as a
distinct legal system inside a segment of a secular nation-state, often to exclusively apply to
Muslims living in that nation, it is allowed by law (Elliott & Quinn,2015).
The theocratic legal system is founded on religious laws. Religious leaders often
preside over the courts in a theocracy since they are seen as better knowledgeable in the
relevant legal literature (Elliott & Quinn,2015).

Legal systems may generally include a wide range of laws, rules, and processes that
differ depending on the nation, location, or culture in which they are utilized. They are also
complicated and diverse. To navigate legal challenges and conflicts, locally and globally, it is
crucial to understand the many sorts of legal systems and laws.
2.3. Definition of law:
A regulating authority establishes rules for conduct or legally binding actions (Elliott
& Quinn,2015).
In my view, the term "law" refers to a collection of rules and regulations applied by a
ruling body, such as the government or judicial system, to control conduct and preserve
social order. The laws that a nation or society acknowledges as governing the conduct of its
citizens and the enforcement of sanctions may uphold that can also be referred to as the law.
2.4. The function of law:
The function of law in a society is to control conduct and preserve social order. A
governing body, such as a government or court system, creates and upholds laws to establish
legal rights and obligations, stop and punish criminal activity, and settle conflicts between
people, groups, or countries (Alvendia, Kelly & Demarest,2018). The law guarantees that
people and organizations may coexist peacefully and productively by providing a framework

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for behavior regulation and ensuring responsibility for those who break the law (Burchardt,
2019).
According to Elliott and Quinn (2015), the functions of the law can be divided into
several categories. One such category is order maintenance, where laws are created to comply
with the standards and ideals of society. The development of criteria is another function of
law, where regulations are implemented to preserve a shared culture to which each citizen
must adhere. Solving the conflict is also a function of law, where courts are established to
settle societal disputes and disagreements. Finally, the law protects liberty and rights by
safeguarding freedom and rights against abuses and injustices committed by groups or
individuals. These functions are critical for regulating behavior, maintaining social order, and
promoting social justice and equality.
Ultimately, the role of law is essential for maintaining social order and stability,
defending individual liberties, and advancing the welfare of all people..
2.5. The UK Legal system:
The legal system of the United Kingdom is based on common law, which includes
statutory and case law (The English legal system, n.d.). It is founded on the ideas of
precedent and judicial review, which means that prior court judgments and legal precedents
are binding on lower courts and serve as the foundation for future legal decisions. The legal
system of the U.k. is divided into three countries: England, Wales, and Scotland, each with
its legal system. Northern Ireland has its legal system, although it is substantially affected by
England and Wales' legal systems ( Rab, 2022).
In the UK, the monarch serves as the Head of State and coexists with a constitutional
government to create what is known as a constitutional monarchy (Libguides, 2022). The
King of England, Charles III, serves as the Head of State and is responsible for enacting laws.
Public and private law, common law and equity, civil law, and criminal law are the four
divisions of law (Macintyre, 2018). The judiciary, consisting of judges, magistrates, and
other legal experts, regulates the UK legal system. The Supreme Court, which hears appeals
from subordinate courts on legal issues, is the highest in the U.k. (Elliott & Quinn,2015).
Given that the UK was a member of the European Union until 2020, EU law also has
a significant impact on the UK legal system. Via several parliamentary acts, EU legislation
has been integrated into UK law. Even after the UK leaves the EU, particular legal concerns
continue to be governed by EU law (Macintyre, 2018).

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 In conclusion, the UK legal system is complex and complicated, with a lengthy
history and a common law heritage. It is essential for upholding social order,
defending individual rights, and arbitrating conflicts fairly and reasonably.
2.6. Classifications of law:
Different legal norms and concepts are organized and classified using a variety
of legal categories. The following are some of the most popular types of law:
• Criminal Law & Civil Law
Criminal Law Civil Law
Definition Establishing punishments for those It centered on the individual situations
s who commit crimes. These matters of the inhabitants. When people's
must be heard by and resolved by privacy rights are breached, civil law is
the criminal court. applied. These matters are settled in
civil court or may be heard in criminal
court.
Burden of The burden of proof for the The plaintiff, the party, proves the
Proof defendant's offense, which responsibilities of the defendant.
determines whether they will be The jury's decision about whether or
found guilty, rests with the not to convict the defendant is final.
government.
The Legal Penalties for offenders include The committed individual is required
Penalties payments, fines, arrests, and to compensate for the harm.
probation. Compensation is based on the extent of
the injury as measured by medical
costs or cash.
Source: Grand Canyon University,2019
• Common law & Equity Law
Common law Equity Law
Definition Instead of being based on written It centered on the individual situations
s laws or codes, common law is of the inhabitants. When people's
based on case law or precedents set privacy rights are breached, civil law is
by earlier court decisions. applied. These matters are settled in
civil court or may be heard in criminal
court.
Burden of In a criminal case, the burden of The party requesting equitable remedy
Proof evidence is on the prosecution, but typically has the burden of evidence.

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 in a civil action, it is on the
plaintiff.
The Legal For criminal offenses, jail time, and If harm or compensation is not a
Penalties penalties; for civil cases, damages,
or restitution.
• Procedure Law & Substantive Law
Procedure Law
Definition The rules and regulations
s governing how legal procedures
are handled called procedure law.
A wide variety of legal topics are
covered by procedure law,
including judicial jurisdiction,
evidentiary rules, the burden of
proof, and possible sanctions.
Burden of Often, the burden of evidence is on
Proof the side of presenting the case to
court.
The Legal Legal sanctions under procedure
Penalties law may include the dismissal of a
matter, the assessment of fines or
costs, or the payment of attorney
fees.
• Public and Private Law
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sufficient remedy, restraining orders,
specific performance orders, and
cancellations may be used to offer
relief.
Source: Tulika Tandon, 2022
Substantive Law
Laws that control people's and
organizations' legal rights and duties
are called substantive laws. The legal
responsibilities and rights of parties are
established by substantive law, which
also offers the legal remedies that may
be employed to uphold those rights.
In most criminal cases, the prosecution
has the responsibility of evidence. In
most civil cases, the plaintiff has the
burden of proof.
A judge may impose jail time, fines, or
community service as legal sanctions.
Legal sanctions in civil litigation may
take the form of compensation or
damages.
Source: Ayers, 2017
 Public Law
Definition A form of legislation called public
s law is concerned with how citizens
and the state interact.
Burden of The burden of evidence often rests
Proof with the prosecution, which
establishes its case against the
defendant.
The Legal Criminal offenses often include
Penalties fines, jail time, or community
service as legal consequences.
Legal sanctions may include
injunctions, compensation, or
damages in civil cases.
• Municipal and International Law
Municipa Law
Definition The legal system that controls how
s people, groups, and governments
behave within a particular nation or
territory is sometimes called
domestic law.
Burden of The party presenting the action
Proof usually has the burden of proof and
must provide enough evidence to
substantiate their allegations.
The Legal In addition to fines, jail time, and
Penalties other remedies like injunctions or
specific performance orders, there
are legal consequences.
3. Uk court system
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Private Law
Private or civil law focuses on the
connections between people or groups.
The plaintiff often has the burden of
evidence and establishes their case
against the defendant.
Fines, damages, and other remedies
like specific performance or rescission
are all examples of legal sanctions
Source: Ayers, 2017
International Law
International law is known as the legal
system controlling interactions
between states and other international
players, such as businesses and people.
Depending on the sort of case, the
burden of evidence may vary,
although it is often placed on the party
making a
claim or charge.
Economic sanctions, military
involvement, and other diplomatic
actions are examples of legal
consequences.
Source: Ayers, 2017
 Source: (Elliott & Quinn,2015)
The UK court system has many courts dealing with distinct legal issues. Civil law
and criminal law are the two main branches of law. The House of Lords is the highest court
in the legal system. The highest court of appeal in all civil and criminal proceedings in the
UK is the Supreme Court. Criminal and civil courts are the two primary categories of
tribunals below the Supreme Court (Marson&Ferris,2018).

In the UK, criminal courts handle situations when people are accused of committing
crimes, and the sentence may include fines, incarceration, or community service. The lowest
level of the criminal court is the magistrate's court, which handles infractions. The next tier,
the crown courts, deal with more severe criminal offenses (Marson&Ferris,2018).

UK civil courts handle conflicts between people, groups, and enterprises. Some of
these disagreements include contract violations, property disputes, and personal injury

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lawsuits. County courts, the lowest tier of civil courts, deal with minor disputes. The next
step up, high courts, deal with trickier civil cases (Marson&Ferris,2018). In addition to these
courts, the UK also has specialty courts, including the Court of Protection, employment
tribunals, and family courts (Marson&Ferris,2018).

Ultimately, the UK judicial system was created to guarantee that the rule of law is
respected and that all individuals have access to justice. Legal issues of all sizes, from simple
disagreements to severe criminal prosecutions, may be resolved in many courts. To adapt to
society's shifting demands, the system is constantly altering.

3.1. Criminal division:

• Supreme Court
The United Kingdom Supreme Court hears the most central public or constitutional
matters, the highest court of appeals in the country. The Appellate Committee of the House
of Lords was replaced by it in 2009 as the nation's supreme court. Hearing appeals from
subordinate courts in Scotland's Court of Session, England, Wales, and Northern Ireland is
the Supreme Court's primary duty. The Court's judgments are final and enforceable in all UK
courts (Judiciary UK, 2010).
• The Court of Appeal
The UK's Court of Appeal is a high court of England and Wales with distinct sections
for civil and criminal proceedings that hears appeals from lower courts. Its judges review the
cases to see whether there were any mistakes of law or fact in the lower courts, and if so, they
may order a new trial or modify the original ruling. The Court of Appeal is crucial in
protecting the rule of law, ensuring justice is administered fairly and adequately, and
preserving the public's faith in the judicial system (Judiciary UK, 2010).
• High Court
In the United Kingdom, the High Court is a court of superior jurisdiction that hears
civil and high-profile criminal matters. Its three divisions are the Queen's Bench Division, the
Chancery Division, and the Family Division. The Queen's Bench Division hears civil
proceedings, such as contract disputes, personal injury claims, and defamation. The Chancery
Division hears corporate law, intellectual property, and bankruptcy disputes. The Family
Division handles family law issues, including divorce, child custody, and adoption. The High

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Court's rulings may be appealed to the Court of Appeal and then to the Supreme Court.
(Judiciary UK,2010).
• The Crown Court
The Crown Court is a criminal court having the authority to consider serious criminal
matters. One of England and Wales' upper courts works separately from the subordinate
courts like the magistrates' courts. The Crown Court has the authority to order the seizure of
criminal activity proceeds and to inflict severe punishments, up to and including life in
prison. After being found guilty, a defendant can appeal to the Court of Appeal and the
Supreme Court (Judiciary UK, 2010).
• Magistrates’ Court
The lower courts in the UK's criminal justice system are magistrates' courts. They
hear most criminal cases, including minor infractions like moving violations, petit theft, and
minor assaults. Moreover, magistrates' courts have the authority to issue warrants, set
conditions for release from custody, and reach preliminary judgments in more serious
matters, such as referring a case to the Crown Court for trial. If the defendant is found guilty,
they may appeal the magistrates' rulings to the Crown Court, or if they feel there has been a
miscarriage of justice, they may appeal to the High Court (Judiciary UK, 2010).
3.2. Civil Division
• County Court
The County Court is a civil court that handles various cases, including personal
injury, contract disputes, debt collection, and housing issues. Many courts nationwide are part
of the County Court's nationwide network of local courts. The County Court may also issue
injunctions and orders for property possession in housing disputes. If a side is not pleased
with the ruling, they may appeal it to a higher court, such as the High Court (Judiciary UK,
2010).
• Tribunals
Make decisions about property ownership, taxes, social security, disability benefits,
work, childcare, and immigration (Judiciary UK, 2010).

4. Different sources of law:

The sources of law have changed and grown throughout time with various forms of
authority (Marson&Ferris,2018)

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Source Explanation
Case law Judges produced it and drew on past decisions (The English legal system,
n.d.).
Example: R. v. Smith (Thomas Joseph) [1959] 2 QB 35, [1959] A.C. is a
murder and causation-related criminal law case in England. The court
concluded that in murder cases, neither being dropped twice while being
carried on a stretcher nor the incompetence of medical personnel breaks the
chain of causation.
Equity The Chancery court generates it. Equity law is used when the common law
and statutory law are ineffective. The parties involved rejected the rigorous
rules of the UK courts, leading to the creation of the Equity Law. The
monarch also created the court of chancery from that location. In 1873, the
Judicature Act made the standard law part of the common law. ( Martin,
2010)
Example: In Lumley v. Wagner (1852), the defendant agreed to sing
exclusively for the plaintiff's theater under the contract terms. However,
the defendant was persuaded to break her contract with the plaintiff to sing
at another venue. The plaintiff brought a lawsuit. The judge ruled they
lacked the legal right to require or encourage the defendant to perform at
the plaintiff's theater. In contrast, the court may persuade her to do so by
issuing an injunction prohibiting her from singing anywhere else (Chen,
2022).
Legislation The Minister or local authorities may adopt legislation under the control of
Parliament (Marson&Ferris,2018).
For example, The Secretary of State's Commercial Agents (Council
Directive) Regulations 1993.
Customs It is evolving through people's free participation and observation. The
majority of societies may employ conventions to govern people's human
behavior (Marson&Ferris,2018).
For example, Derbyshire Mining Customs and Mineral Courts Act 1852.
Conventions A convention is an unwritten agreement that tells how to do something and
is commonly observed but is not legally obligatory in Parliament.
(Marson&Ferris,2018).
For example, the Queen appoints as Prime Minister the person most likely
to command the confidence of Parliament.
The Acts of Parliament The written legislation enacted by Parliament is the supreme law
(Marson&Ferris,2018)
Examples of the Acts of Parliament are the Academy Act 2010.

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 European Union law
European Convention
on Human Rights
When the UK entered the EU, its primary source of legislation was
created by EU institutions (Macintyre, 2018). While the UK was exiting
the EU in 2020, it continues to impact the UK legal system significantly.
For example, the Regulations Withdrawal from the European Union in
2020.
The Human Rights Act in the UK was amended to include the ECHR in
1998 (Macintyre, 2018). Even though the UK is no longer a member of the
EU, it is nevertheless obligated to abide by this treaty
Example: Article 12: the right to marry (Gov.uk, 2022).

5. Law-Making Procedure And Government’s Function:

Item Role of Government
Initial interest The first step of the government's responsibility is to collect proposals and
publish documentation on green and white paper. The administration will then
develop a draft.
The Draft bill Next, The government's job at the draft Bill stage is communicating with the
parliamentary lawyers in charge of drafting the Bill.
The first reading The government must convene a meeting to present the Bill to either House in
the first reading, arrange a date for the second meeting, publish the Bill, and
make it accessible to all Members and the public.
The second reading During the second reading, the government organizes a House meeting to
debate and vote on the bill. Also, this is the first chance for lawmakers to
express their concerns if they believe change is required.
Committee stage The following step is the committee stage, where the government is
responsible for setting up and choosing committee members. The committee
has the authority to review and amend the bill.
Report stage Government is responsible for notifying the House what the committee
modified at the report stage so that the House may review and make further
modifications.
The third reading On the third reading, the administration must call a House hearing to address
any changes and offer members one last opportunity to vote on the legislation.
The House of Lord stages The government's role in the House of Lords proceedings is introducing bills
there. If there are any changes to the Lords' legislation, the government will
print them and submit them to the Commons for review.
Royal assents The last stage,The government is responsible for informing the public of the

new rules when the Monarchy has approved.

Source: Macintyre, 2018

Generally, the UK government plays a considerable influence in creating laws. Yet,
it's crucial to remember that the procedure is intricate and multifaceted, involving several
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 individuals and organizations.
6. The way common and statutory law is enforced in court of justice:
6.1. Statutory law application:

Item Definition Applied in justice Example Penalty/Judgment

courts
Statutory The The statutory law is Act: National Minimum The National Minimum
law written applied first in Wage Act 1998 Wage Act of 1998
legislation that every court case. Regulation: Employers stipulates that anybody
government The judge must can't pay workers less than who violates it must
agencies create abide by such the national minimum repay unpaid wages and
and pass via regulation if the wage (Legislation, 2021). pay a financial penalty
Parliament. court decides the equal to 200% of the
(Elliott & matter is pertinent total underpayment
Quinn,2015) and amenable to (Legislation, 2021).
resolution. But,
since the
circumstances are
ungoverned by any
legislation,
common law is
used to make the
judgment (Elliott &
Quinn,2015).

6.2. Common law application:

Item Definition Applied in justice Example Penalty/Judgment

courts
Common The unwritten law The cases had to be Entick v Carrington (1765) The court ruled that
law produced by resolved by The complainant was since the secretary of

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 judicial rulings previous court thought to have written a state lacked the
that took into rulings after the defamatory brochure authority to carry out a
account earlier court ruled that against the government. search warrant, the
cases (Elliott & they could not be The secretary of state sent defendant had
Quinn,2015) resolved using the defendant and a small trespassed.
statutory law group of additional (LawTeacher, 2013).
(Marson & personnel to go into the
Ferris,2018). plaintiff's home for
evidence. The trespassers
were then brought up in
court by the plaintiff
(LawTeacher, 2013).

7. Evaluation of the Efficacy of Recent Reforms in the Legal System (M1)

• Reforms in the Legal System
To address issues with the prior system's efficacy and consistency, the UK reformed
its equality legislation in 2010. The changes sought to provide a more thorough and efficient
framework for advancing equality and combating discrimination across all spheres of society.
The UK's equality laws were fragmented and complicated before the revisions, with
several rules and regulations addressing various types of discrimination. Because of this, it
was difficult for both people and corporations to comprehend their duties and rights and for
the government to monitor and enact legislation efficiently. Consolidating and streamlining
existing equality regulations, the Equality Act 2010 combines all forms of discrimination into
a single piece of legislation. The Public Sector Equality Responsibility, which mandates
public agencies to aggressively promote equality and combat discrimination in their policies
and practices, is one of the new measures included by the Act. The changes were also made
to address new types of prejudice, including prejudice against older people and bias towards
those who identify as one gender or another. The reforms were also intended to address
emerging forms of discrimination, such as age discrimination and discrimination based on
sexual orientation and gender identity. Moreover, additional steps to bolster the enforcement
of equality legislation were added by the Equality Act of 2010. This includes giving the
Equality and Human Rights Commission more authority to take legal action against
companies that break the law and giving employment tribunals more power to make
recommendations to combat discrimination.

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 The goal of the UK's equality legislation changes was to create a legal framework that
was more open, uniform, and capable of combating prejudice in all facets of society. A key
piece of legislation that guarantees the UK's commitment to equality and human rights is the
Equality Act of 2010.
• Strengths and Weaknesses of Equality Act 2010:
The 2010 equality legislation change had many benefits, including more
comprehensive protection, a streamlined structure, higher protection, and improved
enforcement. For starters, the reform consolidated all forms of discrimination into a single
law, giving complete protection against discrimination on different grounds. This implies
that people and organizations may be sure they are protected from discrimination, regardless
of the setting. Second, the reform streamlined the legal framework, making it more
straightforward for people and organizations to understand their rights and obligations and
more accessible for the government to monitor and enforce the laws. Individuals and groups
can more quickly access the safeguards available and take action if they think their rights
have been violated. Thirdly, the reform addressed growing types of discrimination like age,
sexual orientation, and gender identity, offering more excellent protection to persons who
may have previously gone unprotected under the law. This keeps the law current and
responsive to changing societal norms and expectations. Lastly, the reform included
additional steps to bolster equality law enforcement, including providing the Equality and
Human Rights Commission greater authority to take action against organizations that do not
comply with the law. This implies that people who discriminate are more likely to be held
responsible for their acts.

Notwithstanding the benefits of the change, there are some possible drawbacks. These
are examples of legal complexities, a lack of information, limited resources, and reluctance to
change. To begin with, the Equality Act of 2010 is a complicated piece of law that may be
difficult for people and organizations to follow. This complication may make it challenging
to utilize the legal safeguards offered, especially for people who are less legally educated.
Second, despite the reform's goal of providing more excellent information on rights and
obligations, many individuals remain unaware of their legal safeguards and how to pursue
them. As a result, discrimination may not be challenged as often as it should be, and people
may not get the protection they are entitled to. Thirdly, more extraordinary enforcement
measures need resources, which may be difficult for organizations, especially those in the
public sector with restricted finances. This may reduce the efficacy of enforcement actions

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and allow certain cases of prejudice to go uncontested. Finally, the reform was not wholly
embraced, with some groups and people opposing change and the imposition of new legal
obligations. Because of this opposition, the full advantages of the difference may not be
achieved, and prejudice may persist in certain regions.

Overall, although the 2010 equality law change has numerous benefits, issues related
to the legislation's implementation and enforcement will need continuous attention and
resources to overcome.
• The efficiency of reform:
The firm is prohibited from discriminating against workers based on age, handicap,
gender, reassignment, race, religion, or sexual orientation under the prior regulations of the
Equality Act of 2010. (Legislation, n.d.). Apart from previously protected qualities, the
company is prohibited from discriminating against workers based on their marriage or civil
partnership, pregnancy, or maternity leave (Protected characteristics, 2021). Inform aims to
create a more just society (The Equality Act, 2010).
This change positively affects businesses since they must have explicit rules to
protect, look out for, and promote equality in workplace operations. For example, managers
cannot discriminate against pregnant candidates when hiring. This will provide an equitable
and encouraging environment, which may boost employee motivation and result in higher
work performance. On the other hand, the business will also be impacted since labor
productivity may not be as high as that of regular persons working with employees going
through the maternity process. More than two-thirds of moms requested flexible working
hours because they felt their productivity and enthusiasm were lower during pregnancy and
postpartum (Adams, n.d.). Yet, when a firm exhibits justice in the workplace, it may
improve its image, attract more workers, and win over consumers.
Pregnancy and maternity discrimination rates in the UK are estimated to be 54000
women being forced to leave their jobs each year owing to unfair treatment at work, down
from 220000 instances per year before the reform. This indicates the reform was successful
(Pregnancy and maternity discrimination research findings, 2018). Expanding the protected
characteristics under the legislation may create more inclusive, professional work. The
government's goals have so been fulfilled.
8. Potential influence of company, employment and contract law: (P3)

8.1. Company law:

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 The law governing the formation and operation of businesses and relationships with
the acts of companies and persons is known as company law (Marson&Ferris,2018).
The elements of company law include the creation and incorporation of organizations,
capital, management, meetings, entire documents, and essential managerial personnel
(Marson&Ferris,2018).
The Companies Act of 2006 is to streamline the formerly complicated all company-
related requirements into a single act. Its essential purposes include: protecting shareholders,
promoting corporate social responsibility, enhancing transparency, strengthening corporate
governance, and facilitating business (Companies Act 2006, n.d).
• Specific example:
Directors are subject to fiduciary responsibility under the Companies Act of 2006,
Part X, Chapter 2 (General duties of directors). The impact of this legislation is that the
director will act within the scope of the firm's charter, advancing the business's success,
exercising independent judgment, and other things. The company has several legal options
depending on the director's bad conduct.
ATOA Payments Ltd directors must thoroughly understand the Companies Act 2006,
Part X, Chapter 2, and take their responsibilities, including behaving in a way that supports
the business's success for the benefit of its stakeholders and adhering to company policies.
The director may be susceptible to statutory and criminal penalties if they violate the law's
requirements. The company may request that the director account for their profits and
remuneration, terminate any contracts, or return any corporate property they have been
associated with. These infractions may devastate creditors, shareholders, corporations, and
directors.
8.2. Employment law:
The law governing the employer and employee relationship is known as employment
law. This legislation was created to defend employees' rights (Marson&Ferris,2018).
The elements of employment law are workplace circumstances, social security,
individual employment connections, salary and remuneration, labor law administration, trade
union, and industrial relations (Marson&Ferris,2018).
The Employment Rights Act (ERA) of 1996 and the Equality Act of 2010 are two
examples of employment legislation. As long as they are still employed by the firm, the ERA
of 1996 shields all employees from harm caused by any practical actions they take for safety

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and health reasons. Everyone is legally protected from job and societal discrimination under
the 2010 Equality Act (Employment law, n.d.).
• Specific example:
Companies are prohibited from firing workers while on maternity or paternity leave
by EAR 1996 Section 99.
If ATOA Payments Ltd breaks the law, unfair dismissal will significantly impact the
company. In addition to the cost of the legal defense, this would harm the company's image.
The productivity and psychological health of the surviving workers would suffer, which
would hurt the company's income if the situation persisted.
ATOA Payments Ltd terminates maternity leave and lays off employees. The penalty
given is: up to finding new work, the employee will get compensation of up to £544 a week
(length depends on the estimation and judgment of the Tribunal) (Employers’ financial
penalties, n.d).
8.3. The contract laws
The agreement between two or more parties that has one of them making the terms
and conditions with other parties agreeable falls within the purview of contract law. The
opposing party has the right to seek monetary damages in court if none of these parties fulfills
their obligation (Marson&Ferris,2018).
The offer, capability, legality, purpose, consideration, and acceptance are some of the
elements of the legal law that make a contract legitimate (Marson&Ferris,2018).
The 1982 Supply Goods and Service Act is the relevant law. It is implied that a
provider must practice adequate maintenance and skills under Section 13 of the rule titled
"Responsibility to exercise Reasonable Care and Abilities." A result cannot be guaranteed as
rapidly with the provision of a service as it can with the sale of an item.
The result is that unless the parties have previously agreed upon a specific date,
service providers must supply their products or services with reasonable skill and care at an
affordable cost and within a reasonable timeframe. The firm must pay a higher remuneration
for personnel who have received advanced training in energy and electricity.
Consequently, the client cannot seek a price reduction in such circumstances.
Consumers may not need to request re-performance contractual reimbursement if they want
to claim damages. The consumer is entitled to a price reduction if re-performance is not

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provided within a reasonable time or is unlikely to occur without adding to the customer's
pain.
• Specific example:
One example is the need for ATOA Payments Ltd to disclose the cost of each service
that customers purchase. The business must demonstrate the caliber of its offerings for
customers to have any reason to trust them. The firm must concentrate on employee training
and improving the quality of goods and services to prevent this issue when customers
complain to the business on the contract that they are not fit for their payment.
9. Legislation, Regulations and Standards (M2)

Differences Legislation Regulation Standards

1. Definition Legislation depicts a Regulations are the Technical
law or set of laws actions taken by the requirements are
established by authorities to enact often determined
Parliament (UK laws, rules, and using standards
Parliament, n.d). directives (OECD, (The British
2002). Standards
Institution, 2022).
2. Head of Legislation might be Regulations are not Standards are not
State proposed by the head changed by the Head changed by the
of state. of State. Instead, the Head of State.
regulators establish Instead, to create
restrictions. legislation or
advisory papers, the
government often
evaluates standards.
3. Type Supreme Legislation Government Legal Standards &
& Subordinate Regulation & Self- Ethical Standards
Legislation Regulation
Example Employment Rights Employment Rights The pay agreement
Act 1996 Act 1996 – Part II: has to be explicit.
Protection of Wages:
The enterprise must Every month,

guarantee compensation for

employees is
employees’ salary

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 payment by determined.
the contract
terms. Employee salaries
cannot be less than
"The National
Minimum Wage."

A worker's
yearly vacation
time cannot
exceed 28 days.
Potential Impact If employees completely fulfill their required obligations, standards
Analysis in employee salary payment guarantee serve as the foundation for
ATOA Payments Ltd to implement employee payment procedures.
They also serve as a basis for employees to file complaints if the
enterprise fails to meet its payment obligations.
Legislative bodies generally pass laws, governmental agencies
create regulations to implement legislation, and development
authorities design and adopt certified standards.
The laws above, rules, and regulations safeguard the interests of
both workers and ATOA Payments Ltd. If the other party doesn't
follow through on its duties, both parties have the right to file
complaints and bring legal action. They would have favorable
effects since they safeguard human rights and guarantee that
workers are adequately paid.
In conclusion, if both the employee and the employer complete their
responsibilities, attaining the laws above, regulations, and standards
are favorable for both parties, including the employee and employer.
These regulations, rules, and laws safeguard human rights and
ensure workers are fairly compensated.

10. Evaluation of the UK Legal System and Law (D1)

The UK legal system includes both statutory and case law as common law. ATOA
Payments Ltd must pay back an underpaid salary and an acceptable equivalent of 200% of

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the underpayment when it breaches the National Minimum Wage Act of 1998 (What are the
consequences if an employer pays workers less than the national minimum wage? n.d.).
Statutory law application has the same regulation and punishment in all topics. In contrast,
case law employs judgments based on precedents instead of a judge's subjective opinion
(Common law: advantages and disadvantages, n.d.). For instance, a trustworthy offer with
clear conditions will serve as the basis for the contract, and ATOA Payments Ltd will be
required to make payment. Yet, since statutory law is created and legislated, its rigidity
prohibits it from keeping up with society's rapid transformation (Advantages and
disadvantages of law, n.d.). Despite its constancy, case law is adaptable since old precedents
may be dropped in favor of fresh ones. In Roe v. Wade (1973), the court found that a
woman's right to end a pregnancy was upheld in Planned Parenthood v. Casey (1991).
(Schultz, 2021). Case law needs more scrutiny since courts make fewer judgments (Common
law: advantages and disadvantages, n.d.). A statutory law, on the other hand, must be created
over many years and with a great deal of work, so when new rules have been made,
Parliament has considered all relevant parties' concerns. Hence, statutory law may prevent
arbitrary, partial, and dishonest decisions (Advantages and disadvantages of law, n.d.).
The edges of statutory law may benefit the shortcomings of case law and vice versa.
Both statutory law and case law have benefits and downsides. The judicial system will
become strict via the employment of common law not to leave out or incorrectly punish any
offenders. In addition to established rules, courts can make recent rulings in new cases to set
the standard for future issues.
The recommendation
Businesses must be aware of and comprehend the laws that are relevant to them. The
corporate and market performance codes ATOA Payments Ltd utilizes to uphold, develop,
and prevent lawsuits from clients or staff.
The corporation must be aware of the legal problem to submit the case to the court.
Gain an understanding of how the UK judicial system operates to maximize efficiency in
adjudication.
11. The conclusion
To sum up, the UK has a system of legislation where the government creates and reviews
laws, then raise concerns and submits the draft to the House of Lords for a formal vote and
publication. There are special courts for each problem presented by the plaintiff since each
sort of legislation has its own needs and issues.

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