Navigating Legal Challenges- Insights into Employment and Consumer Protection Issues

Navigating Legal Challenges- Insights into Employment and Consumer Protection Issues

Part 1:

The consumer rights Act was enacted in 2015. This Act is a game-changer in the consumers’ protection effort because it contains clear and easier laws that everyone can understand (Fieldfisher, 2015, p.1). The enacting of this Act enabled the consumers to engage in buying commodities and selling them with confidence without the fear of being harmed or defrauded. When a problem arises, the dispute can now be easily sorted out because the laws are available.

Some of the benefits of the Consumer Rights Act 2015 (CRA) over other previous Acts are many. First, CRA has been tailored to clarify the standards that consumers should expect while purchasing certain goods and services. In other words, the Act instructs the producers of goods and services to ensure that they make the goods to a particular acceptable uniform standard where the regulators know that the products would be safe to the consumers (Fieldfisher, 2015, p.1). Furthermore, the Act gives remedies when the gods do not meet the standards. The remedies are in the form of punishment, which is fines to firms that produce low standards and defective products for consumers. The regulators are very strict about the standards and quality of the products in certain sectors, such as the food and drug sector, because they know that substandard food and drugs would be a disaster for consumers’ health.

The second benefit of CRA 2015 is that the AT consolidates and updates United Kingdom laws on when the contractual terms between the business firms and the consumers are considered unfair to the consumers, thus making such contracts unenforceable (Fieldfisher, 2015, p.1). The main goal of business firms is making profits; the pressure of making profits compels firms to sign unfair contracts to the consumers to maximize the profits. Thus, the Act comes in handy to safeguard the consumers from such unfair practices by the business community.

Another important benefit that CRA 2015 has brought is that the Act contains many miscellaneous provisions related to private actions, enforcement powers of the regulators, agents’ fees, consumers’ complaints, and competition law (Fieldfisher, 2015, p.1). In other words, the Act has helped a lot in clarifying some previous pertinent issues that were affecting business operations.

Employment Relations Act 2004 (ERA) is an Act of the UK’s parliament that came into existence after the amendment of the trade union membership industrial action. This law enables the government to allocate funds to trade unions and federations of the trade unions to improve and modernize their functions (Novitz, 2004, p.1). ERA 2004 strengthens the UK’s employment and labor laws. Underemployment and labor laws, provisions, employees in the UK have certain minimum legal rights such as the right to a national minimum wage of £8.72 per hour, a right to a safe workplace environment,  a right to equal opportunities during hiring, a right to work leave a, a right to maximum 48 hours weekly and more.

The termination of employment in UK law varies from one situation to another. For example, both the employee and employer need to notify each other before terminating the employment. If the employee has been in the firm for less than two years, the notification should be before a week, but when the employee has been in the firm for more than two years, the notification of termination should be before two weeks. Moreover, the law requires that both the employee and employer give a valid reason for termination of employment.

Part 2: Memo

Merging and acquisition are some of the major business expansion approaches that most corporations use to expand their operations and foreign markets. Mergers are companies that come together to form a different company with specific goals. On the other hand, acquisitions are where one large company buys a small company to be part of its portfolio. Mergers and acquisitions sometimes succeed, and other times, they fail to depend on many factors. Therefore, it is up to the management to ensure that the merger has formed into a new company and that a small company’s acquisition by a larger company succeeds. There are several strategies the management can employ to ensure that they thrive.

Recognize change: The management in both mergers and acquisitions should know that when the acquisition or a merger happens, the company will undergo several changes to thrive. Therefore, the management should be ready to adjust to any changes to enhance a smooth takeoff (Marks, Mirvis, & Brajkovicch, 2001,p.83). Some of the management’s changes would likely encounter changes in technology, corporate culture, leadership style, laws, and more. Thus, recognizing and adjusting to the changes would help the new mergers and acquisitions survive and dominate the market.

Prepare for the worst: The second strategy that new mergers and acquisitions should put in place is disaster preparedness. Disaster preparedness involves identifying the risks, finding some risks, and finding a solution to such risks when they happen (Marks, Mirvis, & Brajkovicch, 2001, p.86).  Preparing for the worst, he will help the mergers have solutions ready to tackle any disaster. The ready solution would enable the company to mitigate heavy losses that could have occurred when the company had not put any measure in place.

 Consider diversity: When firms merge or acquire others, they expand to become big, meaning that the people working in the new firms would be of diverse backgrounds. Therefore, the management needs to be sensitive to workplace diversity (Marks, Mirvis, & Brajkovicch, 200, p.85). This means that the management should consider diversity when hiring employees; the company should hire both men and women equally to people living with disabilities should be given equal opportunity, people from different cultures and races should also be given equal chances. Doing so would make the organization have an international look hence acceptable everywhere.

Bibliography

ILO.org. 2004. Employment and labor relations act, 2004. https://www.ilo.org/dyn/travail/docs/2213/Employment%20and%20Labour%20Relations%20Act%202004.pdf

ICLG.com UK: Employment and labor laws 2021. Retrieved from https://iclg.com/practice-areas/employment-and-labour-laws-and-regulations/united-kingdom

Fieldfisher. 2015. Consumer Rights Act 2015: What has changed? Retrieved from https://www.fieldfisher.com/en/insights/consumer-rights-act-2015-what-has-changed

KKV.fi. Forty benefits of consumer protection. Retrieved from https://www.kkv.fi/en/current-issues/press-releases/2018/40-benefits-of-consumer-protection/

Marks, M., Mirvis, P & Brajkovicch, L. 2001. Making Mergers and Acquisitions Work: Strategic and Psychological Preparation [and Executive Commentary. The Academy of Management Executive (1993-2005) Vol. 15, No. 2,(May 2001), pp. 80-94 (15

Novitz, T. 2004. The Employment Relations Act 2004 and the ‘Partnership’ Agenda: The Scope of Changes to the Recognition Procedures. Retrieved from https://research-information.bris.ac.uk/en/publications/the-employment-relations-act-2004-and-the-partnership-agenda-the-

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You have applied for an internship at “Business Law Consulting UK,” a company helping small businesses. Owing to the salary and the reputation of “Business Law Consulting UK,” there were 100s of applicants for the internship.
Instructions
Your application was successful, and you have been called for an interview. Because the firm specialise in helping organisations prevent issues relating to employment and consumer protection you want to impress the recruiter with your knowledge on this topics. The secretary of the partner already told you to prepare for a 10-15-minute interview segment, during which:

Navigating Legal Challenges- Insights into Employment and Consumer Protection Issues

a. You should evaluate the benefits of the introduction of the Consumer Rights Act 2015 as opposed to all previous consumer protection laws (such as the Sale of Goods Act 1979, Trade description Act 1968, The Supply of Goods and Services Act 1982, Consumer Protection Act 1987, General Product Safety Regulations 1994, etc.) – You may bring a table with you if it helped
b. You should describe laws relating to employment, in particular with regard to the Employment Relations Act 2004 and what these legislations mean with regards to the termination of employment
Please note that this is an interview, so the recruiter will question you.
Part 2
You and another candidate were the lucky successful interns. As happy as you are, you know that only one of you will be hired at the end of the 3 months internship. You decided to push for it and asked to be put on a merger project. The partner agreed to take a back seat and have you lead on the project but insisted that the other intern be brought up to speed.
Instructions
You are, therefore, asked to prepare a memo for the other intern. The memo should:
1. Focus on making a case for mergers and acquisitions to achieve market domination or survival,
2. Describe how