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A) An acquaintance of yours wishes to set up a business with his friend and intends to run the business as a general partnership. Present him with a series of arguments which will persuade him that running the business through a limited liability company would be a much better option.
(B) Employers have a duty to ensure that their employment practices comply with the law. The consequences of not complying with the law can lead to employees making expensive claims against the organisation.
The Equality Act 2010 (EA 2010) brought previous equality legislation under EA 2010 and strengthened some of it. Advise your client, who employs 100 people, what steps he needs to take to comply with this law and avoid the expensive claims referred to above. Where appropriate, refer to other legislation.
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The present assignment has made an attempt to analyse two important legal frameworks in the UK. First, what are the kinds of business structures that prevails in the UK and why a company is considered a better option when compared with a partnership. Second, what are the basic provisions that an employer must get acquainted with in order to avoid unnecessary claims. Both the heads are discussed separately. The assignment concludes with a Bibliography showing the list of sources that have been used to refer in presenting the view points and establishing facts.
An acquaintance of yours wishes to set up a business with his friend and intends to run the business as a general partnership. Present him with a series of arguments which will persuade him that running the business through a limited liability company would be a much better option.
Whenever one initiates to commence business the foremost question that ignites in the mind of a person is the kind of business structure that he must opt for. It is the kind of business structure that defines the legal responsibilities of a person, that is, tax issues, paperwork that is required to be undertaken to commence business, profits and losses of the business etc. (Gov UK, 2015). In the United Kingdom, the main forms of businesses are sole trader ship, a business partnership or a limited company. (David Needle, 2010)
As per facts, an acquaintance wishes to set up a business with his friend and intends to run the business as a general partnership. However, it is important to present a series of arguments which will persuade him that running the business through a limited company would be a much better option. In order to do so, it is important to critically evaluate a General partnership and a limited company.
A company is an entity which is a form of business under which a person is distinct from its business, that is, a company is considered as an artificial being. Whenever a company is formulated, it is artificial legal personnel in the eyes of the law which is separate from its members. It has its own existences in the eyes of law and thus has a significant number of features which are not found in any other business structure. (Jane Frecknall-Hughes, 2014)
Whereas, when a business is carried in the form of Partnership when two or a more person intends to carry on a business of a continuous nature with a sole object to earn profits and share losses. In any partnership structure, the partners are not distinct from the partnership rather the responsibilities of a partner are that of the firm and vice versa. (Hillman & Loewenstein, 2015)
Employers have a duty to ensure that their employment practices comply with the law. The consequences of not complying with the law can lead to employees making expensive claims against the organisation.
In the United Kingdom, all previous equity legislation is now brought under a single legislation, that is, The Equality Act 2010 (EA 2010). It has strengthened the equity laws of the country.
However, in order to advise a client, who employs 100 people, there is a necessity to make him acquainted with the steps that he needs to take in order to comply with the current law and avoid the expensive claims. This can only be done after a proper analysis of the legal provisions which are submitted herein below.
The EA 2010 Act comes into force on 1st October 2010. In order to evaluate the EA 2010, it is first important to evaluate its main characteristics and the kinds of discrimination it makes.
There are few protected characteristics that are laid down under section 4 of the EA 2010. The same are: (Hepple, Coussey & Choudhury, 2000)
Age (section 5) – The new legislation provides safeguards to employees regardless of their age.
Disability (section 6 and Schedule 1) – The Act makes it obligatory that no unfair treatment must be made on the basis of the disability of a person or anything connected with disability. For instance, it is found to be unlawful when an employers' ask health related questions prior employing any employee except under few situations.
Gender reassignment (Section 7)– When any person remains absent from work because was undergoing the process to change their gender less favourably than any discrimination by an employer is considered inadequate.
Marriage and civil partnership (section 8) – Any person who is under a civil marriage partnership or is married is safeguarded under the EA 2010. However, anti-discrimination laws are not framed to protect single person under the EA 2010.
Pregnancy and maternity (section 9) – Women who are pregnant are protected under the EA 2010.
Race (section 10) – No discrimination must be made amongst the employees on the basis of colour, nationality, origin, ethic, etc., that is, on the basis of race.
Religion and Belief – No discrimination must be made amongst the employees on the basis of their belief and their religion.