Application of Law on the Business of Jasmine D'Loire - Essay Example

? Application of law on Jasmine D’Loire’s business Introduction Just like any other business person, employeror business entities, Jasmine D’Loire is required to apply the law in her business. In the UK, there are various laws that guide business operations which aim at protecting business owners, customers, and employees. In this regard, JDL Dance Ltd has to abide by all law provisions in order to run effectively. Her business could be termed as a business that requires special attention since it involves students with varying ages from children to elderly. This paper is going to analyse some of the facts about Jasmine’s business and the necessary law applications of these facts. Occupiers Liability Act 1957 and 1984 To begin with, Jasmine is supposed to understand Occupiers Liability Act 1957 and 1984 as this is applicable in her line of business. As stipulated in this act, this act shall have effect on determining whether the occupier of a premise, who in this case is Jasmine, are liable to any risk of suffering injury to other persons other than their visitors, who in this case could be her students and workers, due to the state of the premise as a result of things done or omitted to be done on such premises (Harr 2008). However, it is important for Jasmine to understand the contents of this act and how the act affects her business. For example, she needs to know who the law recognizes as the occupier of a premise and how such an occupier of the premise owe a duty to others. According to this act, an occupier of premises owes a duty to another (not being a visitor) in respect of any such risks as is referred above if she is aware of the danger or has reasonable grounds to believe that it exist (Hodge 2009). On the hand, Jasmine should be aware that, by virtue of this act, owes a duty to another to see that the students or workers don’t suffer injury on her business premise by the reason of the danger caused. If such a risk happens, then she is liable (Schmalleger 2007). Health and safety at work act 1974 Although Jasmine is a sole proprietor, she might need some workers in her business; therefore, she ought to be aware of the health and safety at work act 1974. The health and safety at work act 1974 was enacted to make further provisions for securing the health, and safety of workers, and for protecting other people from the risk to health and safety in connection with activities of workers (Schmalleger 2007). In regard to JDL Dance Ltd, the health and safety act would be applicable in connection to its workers and students. In some situations, by coincidence, an instructor (worker) in JDL Dance Ltd may cause harm during training (for example, break of an arm) to a student, due to negligence and lack of knowledge. In this case, the student may decide to sue the business owner for the harm caused. In this case, Jasmine may be answerable for having incompetent worker in her firm (Maguire 2007). On the other hand, a worker in the JDL Dance Ltd may accidentally injure himself as a result of stepping on a slippery floor or on a broken pavement while on his duty. In this case the worker may sue JDL Dance Ltd, for failure to create a favourable working environment which caused the accident (Maguire 2007). Therefore, Jasmine is supposed to ensure that all the necessary equipments and the entire premise are safe for both her workers and students. In the health and safety at work act (1974), also stipulates that the bully’s behavior constitute a breach of employers duty to care under the health and safety at work act (1974), where employers are required to have a legal obligation to ensure both physical and psychological well being of their employees (Maguire 2007). A breach of this act is considered to have happened when the employer fails to take action when the employee brings a health and safety issue to their attention. When employees feel stressed while in their line of duty, this act interprets such a stress as consequence of the employer failure to provide a safe system of work as required under this act (Short 1978). The act of blaming the employee on the basis of inability to cope with excessive demands in work place by the employer is considered as a deliberate attempt to divert the attention from the real cause of stress. Both criminal and civil laws deal with the issue of safety in the work place as guided by the health and safety at work act (1974) and other acts that interprets commission of offenses as brought by the complainant (Maguire 2007). Although most of the cases brought forward by employees in relation to health and safety offences committed against them are supposed to be dealt with in regard to civil law, criminal law is applicable in some situations. For example, victimization of employees by their employers or fellow employees could lead to danger to both their health and safety (Omerod 2008). In this case, the criminal law may determine the case on the basis of the crime committed against plaintiff which amounted to health and safety issue to the plaintiff (Maxwell et al 2005). Therefore, it’s the responsibility of Jasmine to ensure that all the employees are well looked after. In case the Jasmine breaches any of the provisions of this act and found guilty by a court of law, she may be imprisoned or demanded to pay a fine if it was a criminal case. On the other hand, the civil law may find Jasmine guilty and order her to pay the claimant some money to compensate for injury which has been suffered (Farrar and Mitchell 2008). Licensing Act 2003, disability discrimination and the Security Industry Act 2001 The act simplified licensing law by introducing a single premises licence which covers regulation of alcohol and regulated entertainment (Ramage 2004). The act provides setting of opening hours through the conditions of individual license. However, although much of the provisions of this act seem to stress on the reduction of crime and disorder as a result of excessive drinking habits, Jasmine’s business could be connected with the act in different ways. For example, Jasmine can not have a licence that allows her business to run late in the night thus posing a threat to safety of both her employees and students. As a result of drunkenness, many young people would spread out to public places and onto transport sector something that fueled violence and disorder (Ramage 2004). In light with this, licence act was meant to ensure that businesses like Jasmine’s business are safe from such intrigues. Therefore, it is very important for Jasmine to ensure that her business is licensed to operate on safe hours. Being a dance school, JDL Dance Ltd could be a victim of alcohol related crime scenes as young people are perceived to flood in entertainment venues when drunk. Under the licensing act 2003, licensing activities are to be carried out with the view to promoting prevention of crime and disorder, public safety, prevention of public nuisance, and protection of children from harm (Ramage 2004). In relation to Jasmine’s business, her business has a lot to do with the provisions of this act. Firstly, it involves children of seven years old, who would be at various risks in the course of their training. On the other hand, the activities of the company pose some safety issues to both her students and the workers. On the other hand, JDL Dance Ltd needs to have an overview of the disability discrimination acts which could in one way or another affect its operations. The act prohibits discrimination and harassment against disabled people, ensures that reasonable adjustments are put in place for disabled, and that full and equal participation in learning and public life (Sanders 2010). The law also provides equality in employment and vocational training of disabled people, including work placements. Under this act, the employer has a duty to ensure that disabled people are not discriminated upon when deciding who to be admitted in a particular post (Sanders 2010, DDA part 2). The act also prohibits discrimination in the provision of education. Part 4 of the DDA states that disabled people cannot, without justification, be discriminated against or receive less favourable treatment for a reason related to their disability and that educational institutions must make ‘reasonable adjustments’ (Sanders 2010, DDA part 5A). According to this act, education institutions need to ensure that necessary adjustments are made to provide suitable learning and training environments for the disabled people (Sanders 2010, DDA part 4). In the case of JDL Dance Ltd, it is important for it to ensure that all needs pertaining disabled people are put in place. Still touching the operations of JDL Dance Ltd is the private security act 2001. This act regulates the industry and states that those working within it will need to be licensed to operate (Foster 2005). Within this law, skills and safety body was formed and which works with employers and other stakeholders to deliver a range of educational and related services in order to improve skills, and raise professionalism among other functions (Foster 2005). The act regulates the industry by requiring that all licenced premises and open to public must be under scrutiny of door supervisors who issue licence to those who fulfill the criteria based on an analysis of skills and knowledge required to perform a particular job to the required standard. With reference to JDL Dance Ltd, trainers must be persons with professional standards that ensure quality of their services to their students. Failure to abide by this law, JDL Dance Ltd is liable to any harm that may develop as failure by the instructors to offer professional training and which might cause harm to the students. Conclusion The UK law clearly stipulates its provisions in all its statutes. In regard to JDL Dance Ltd, the UK law has many laws requiring JDL Dance Ltd to abide to in order to effectively offer standard services. In light with Occupiers Liability Act 1957 and 1984, Jasmine is liable to any risk of suffering injury to other persons other than their visitors, who in this case could be her students and workers, due to the state of the premise as a result of things done or omitted to be done on such premises. On the other hand, the health and safety at work act (1974), requires Jasmine to have a legal obligation to ensure both physical and psychological well being of her employees. According to licensing act 2003, it is very important for Jasmine to ensure that her business is licenced to operate on safe hours in order to ensure safety of both her students and employees. In relation to the disability discrimination acts, the act prohibits discrimination and harassment against disabled people. Therefore, it is important for Jasmine to ensure that all needs pertaining disabled people are put in place. And on issues concerning the private security act 2001, Jasmine has to ensure that skills and knowledge required to perform a particular job are to the required standard. Bibliography: Farrar and Mitchell (Eds) 2008. Blackstone’s Statutes on Criminal Justice and Sentencing. 2008. Oxford: Oxford University Press Foster, S. 2005. Criminal Law and Practice. Oxford: Thomson. Harr, J. 2008. Constitutional law and the criminal justice system. Belmont, CA: Thomson/Wadsworth. Hodge, A. 2009. Understanding the components within the criminal justice system 101. S.l.: Outskirts Press. Maguire, M. 2007. The Oxford Handbook of Criminology; 4th Edition. Oxford: Oxford University Press. Maxwell, H. et al. 2005. Criminology. Oxford: Oxford University Press Omerod, D. 2008. Criminal Law. 12th Edition. Oxford: Oxford University Press. Ramage, S. 2004. Legal and regulatory framework: for business in the UK. New York: Universe Inc. Sanders, Y. 2010. Criminal Justice; 4th Edition. Oxford: Oxford University Press Schmalleger, F. 2007. Criminal justice today: an introductory text for the twenty-frist century. Upper Saddle River, N.J.: Prentice Hall. Short, D. 1978. The Health and safety at work act 1974: a simple interpretation for the construction industry. Sutton [Eng.]: IPC Building and Contract Journals. Read More