Business law
SCENARIO:
You are employed in a Legal Practice that specialises in Business Law and have been asked to produce an induction information booklet for new employees.
Learning Outcome 4 and Assessment Criteria
LO4 Recommend appropriate legal solutions to resolve areas of dispute.
P6- Recommend legal solutions for resolving a range of disputes using examples to demonstrate how a party might obtain legal advice and support.
M4 -Compare and contrast different sources of legal advice and support for dispute resolution.
D3- Evaluate the effectiveness of legal solutions, legal advice and support for dispute resolution
LO4- Recommend appropriate legal solutions to resolve areas of dispute Legal solutions for different types of dispute resolution:
Areas of employment e.g. health and safety, equality of pay claims, compromise and severance agreements, wrongful or unfair dismissal claims.
Corporate and commercial disputes e.g. breach of contract, contesting a damages claim, dispute between directors.
Commercial property e.g. commercial lease transactions, real estate and investment properties. Alternative Dispute Resolution:
The role of Alternative Dispute Resolution (ADR) Civil litigation procedures and funding Tribunals The role of unions Citizens Advice.
Assignment Guidance –Information Document Below are examples of business disputes that require appropriate legal solutions.
You are required to cite Case Law throughout, and related legislation. The information document should include an introduction to the business sector. The content of the document should include information for the business disputes presented below and provide the appropriate legal advice and legal solutions. You should also consider alternative dispute resolutions in your response.
Business Dispute 1 – Employment Law – Equal Pay
You have been approached by a restaurant business who is concerned that the kitchen employees and cleaning employees may submit an equal pay claim as they are on different pay grades. You have been asked to provide for legal advice and guidance on this. Prepare a document that outlines the key Case Law and related legislation for equality of pay claims.
Word Count Guideline: 750 – 1,000 words
Business Dispute 2 – Employment Law – Dismissal
You are employed in a legal practice and have been asked to provide advice to a large manufacturing business who is concerned that an employee may take them to an industrial tribunal if they dismiss this person. Prepare a document that outlines the key Case Law and related legislation for wrongful and unfair dismissal claims. You should consider alternative dispute solutions for example mediation services.
Word Count Guideline: 750 – 1,000 words.
Business Dispute 3 – Breach of Contract
You have been asked to represent an organisation that builds log cabins for a commercial holiday park. The organisation placed an order in two parts for wood to build the log cabins and paid in advance for the wood. The first part of the order arrived but the quality of the wood was poor and they contacted the supplier to complain. Following this complaint the second order did not arrive. Prepare a document that outlines the key Case Law and related legislation for breach of contract.
Word Count Guideline: 750 – 1,000 words
Business Dispute 4 – Consumer Protection
You have been asked by your manager to prepare a written document of the legal rights that relate to the sale and supplies of goods and services to advise clients for the following business. A small shop which trades as local estate agents has purchased and paid in advance for furniture to refit the offices. The refurbishment includes new carpet, new desks, computers and bookcases. These items were purchased from a local supplier who on the day of delivery has a fire at the warehouse and they are not able to fulfil the order. The document should identify the legal rights of the clients in relation to the sale and supply of goods and services. The document should include the following:
a) The legal rules on the implied sale of good and the supply of service
b) The statutory provision on the transfer of property and possession
c) The statutory provision for the buyers and sellers
Word Count Guideline: 1,000 – 1,500 words.
Business Dispute 5 – Commercial Property
A local clothes shop has contacted the legal practice you work for and has asked for legal advice on a commercial lease. The clothes shop has a 2 year lease on a property and wishes to move to a better location but they have 1 year left on the lease. They have also been having problems with the heating of the property which has not been working for several months. They have reported this to the owners but have had a poor response and the heating issue has not been resolved. Prepare a document that outlines the key Case Law and related legislation for commercial lease transactions. You should consider alternative dispute solutions for example Alternative Dispute Resolution Services.
Word Count Guideline: 1,000 – 1,500 words
The written documents should be written in a concise, formal, business style with the use of headings, paragraphs and subsections. The written documents should contain information and detail to cover the assessment criteria and the essential content for this unit.
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