Summary
Generally, this paper will provide Jennifer with clear advice on the type of business to venture into. Since Jennifer wants to open a business, it is vital to get external knowledge, especially the legal framework that works best by ensuring that the business is not breaching any law, thus acting in the right way. People open businesses by not considering the business act that will ensure they can be compensated when damages arise. Sharing ideas with new investors will help them know the kind of risks they are going to prepare for. I will advise Jennifer to engage in sole proprietorship as a form of business.
Applicable Legal Framework both on the International and Domestic Levels
Jennifer will set up her hotel business in a rented building in the United Kingdom. Countries have various set rules governing their businesses (Lecture 8, slide 3). In the United Kingdom, there are sets of laws set aside to ensure that foreigners who invest in the country have followed the procedures. My advice to Jennifer is that before opening the business, she should acquire all the business documents from the office of migrations and settlement. The forms will be used to fill in all her credentials and her net worth. Reasonably, it is good to know an investor’s net worth before opening a business to ensure that the business remains firm. The importance of the legal framework will make sure that the business of the hotel for Jennifer is managed well (Ballard et al., 2021). In addition, the legal framework makes sure that the business is efficient.
I will advise Jennifer that the legislation laws will ensure the completeness of registration and accuracy of the information provided. Sensibly this is very important for the growth of the business because, at some point, issues might arise in the future, which will then imply that the business will be affected. For instance, if the government decides for the foreigners to pay more taxes than the local citizens do, Jennifer might be forced to close the business. Closing the business will imply that she will have to let the government know that she no longer operates her business in the United Kingdom government. The proper procedure for withdrawing from the country will be followed to ensure that everything is under the law.
The Optimal Business Organization for Her Activities
I will advise Jenifer to major in sole proprietorship since it has many advantages that favor her venture. A sole proprietorship is easy to manage and requires less capital and requirements than other businesses. Jenifer will also be the main shareholder; hence, all profits and losses will directly affect her. A sole proprietorship also will be ideal for her since it needs few legal regulations; hence the operation will be easier. Based on lecture 6, sole proprietorship has advantages such as no public disclosure and total control of the business (Lecture 6, slide 5). Jenifer will be able to operate the business as an individual, and most of the decisions will be made by her, thus no complication in management.
The Liability Issues
In any organization, some clients have no value to the organization’s business. Similarly, customers with the same attitude are waiting for their salary at the end of the month. I will advise Jennifer always to employ competent employees who will add value to the hotel business (Whysall, 2018). She should ensure that the company has a good recruitment team with no biases. Biasness sometimes is the one that brings incompetence to a company by employing close relatives.
The company should give notice to the clients who only come to relax for a longer period with only one meal while some clients come and when they find no space, they go back. The clients who go back after missing out on a space will also tell other willing customers that the space is limited, thus forcing them to find other hotels. It is a big problem, and I will advise Jennifer to make the notice on the walls that no idleness is entertained. Likewise, the clients will get the information and thus will make sure that they adhere to the rules and regulations of the company,
Regulation of Employment Issues
Regarding my advice to Jennifer on the regulation of employment issues, my focus will be on discrimination as it is a law issue that many businesses and corporates face when employing employees. In addition to my advice to Jennifer, she wants to open a hotel in a rented building. Opening a hotel in a rented building will mean that she will have to employ employees; she will have to pay them whether they work or not so long as they are employed (Harunavamwe & Mnqayi, 2021). these employees will have to sign a contract for a specific period that implies a formal agreement between Jennifer and the employees.
Jennifer’s company should ensure that it operates with an anti-discrimination policy against a person or an employee based on racial background. The discrimination law is very beneficial to the company, as it makes sure that regardless of the background of the person seeking employment, employees are treated equally (Whysall, 2018). It will imply that the company is giving good opportunities to the people. It will show that Jennifer’s company is continuously diversifying and getting to know other people’s cultures within the business corporation of Jennifer.
The Need for License
Licensing always ensures that Jennifer is protected by her business, the employees, and the customers. Having the license for the hotel’s business Jennifer will ensure that the business assets are protected well in case of a lawsuit (Ram Mohan & Gupta, 2021). If the government officials damage the business may be, Jennifer can use the license to get compensation for the damages. Therefore, I will advise Jennifer to make sure that she has obtained the license to run her business smoothly. The license will make sure that the employees of the hotel business are protected and the customers. Sensibly, the license will allow the business to be inspected on a yearly business and will allow the customers to order their food without no much taxation.
Law Applicable to her Contractual Relation with Suppliers, Carriers
I will advise Jennifer to get the contract law from the Sale and supply of goods act, which will protect both the hotel business and the supplier of inputs to the hotel. Similarly, the law on a contract basis will then require her business to sign a contract with the supplier through legal representation. This will ensure that both parties are committed to carrying out the hotel business. If a contract is not signed, the business will lack a direction and thus will fall instead of progressing. The contract will make sure that the inputs to the hotel of Jennifer are supplied on time. The contract will also ensure that payment is made rightfully and on time. For instance, the company’s management can pay for the goods, and the supplier fails to deliver them. The contract law will help ensure that all rules are followed and adhered to well.
Real Estate or IP matters
Intellectual Property matters a lot for businesses such as the hotel business Jennifer. I will therefore advise Jennifer to make sure that the location where she will open the business is unique. The place should be unique so that only her business offers the hotel business. It will be an advantage for her business to prosper and do well since there is no competition. However, she should take the caution to make sure that she is delivering great and high-quality food to the clients. It will maintain the customers to bring in more clients, thus growing bigger.
The Dispute Settlement Options
Jennifer’s hotel business should employ affirmative action programs to improve job opportunities for people of different races. Affirmative action measures will help Jennifer’s organization instill moral commitment among employees, increasing productivity and protecting the enterprise from discrimination (Foley & Williamson, 2019). Jennifer’s corporation would become the most sought-after employer with the affirmative action program. Affirmative action programs provide the corporation with a large talent pool to choose candidates. Disputes, in this case, can also be solved in the court of jurisdiction (Lecture 11, slide 4). Mediation and arbitration can also be used in dispute-solving processes.
Contract Agreement and Statutory of Jennifer’s Company
Contract Agreement between Jennifer’s Hotel Business and Supplier
Client (Jennifer’s Business) AND Supplier
- EXPLANATION OF SERVICES. Beginning on (Dates)
- Price. The client will pay reimbursement to the Supplier for the Services in dollars.
- Terms and Conditions. This contract shall dismiss spontaneously on.
- RELATIONSHIP OF PARTIES. It is implicit by the entities that the supplier is a self-governing servicer concerning Jennifer’s Business.
- PRIVACY. The supplier will not at any time or in any way, either directly or indirectly, use for the unique advantage of the supplier to reveal, unveil, or communicate any info that is branded to Jennifer’s Business.
- INDEMNIFICATION. Jennifer’s business agrees to insure and grip supplier inoffensive from all entitlements, damages, expenditures, and dues, including lawyer charges, prices, and verdicts.
- APPLICABLE LAW. This contract shall be ruled by the regulations of
Jennifer’s Lawyer:
By: ____________________________________________________ Date: __________________________________
Supplier:
By: ____________________________________________________
Date: ________________________________
My final advice to Jennifer’s business regarding opening a hotel in a rented building is to ensure that the discrimination laws are implemented in her company policy. If her company allows discrimination to kick in, the business will diminish, and finally, it will lose its meaning to the employees and the clients. Because discrimination creates a lot of friction and division inside the firm, profits and productivity will suffer. These anti-discrimination measures will help the company more, and it will continue to be successful.
References
Ballard, M., Westgate, C., Alban, R., Choudhury, N., Adamjee, R., Schwarz, R…. & Schechter, J. (2021). Compensation models for community health workers: comparison of legal frameworks across five countries.Journal of global health, 11. Web.
Foley, M., & Williamson, S. (2019). Managerial perspectives on implicit bias, affirmative action, and merit.Public Administration Review, 79(1), 35-45. Web.
Harunavamwe, M., & Mnqayi, R. B. (2021). Exploring the Effect of Continuous Professional Development (CPD) Programs on Employee Performance at Company A in Empangeni, KwaZulu-Natal.Expert Journal of Business and Management, 9(1). Web.
Ram Mohan, M. P., & Gupta, A. (2021). Treatment of Intellectual Property License in Insolvency: Analyzing Indian law in comparison with the US and UK.Indian Institute of Management Ahmedabad (IIMA) Working Paper. Web.
Whysall, Z. (2018). Cognitive biases in recruitment, selection, and promotion: The risk of subconscious discrimination. Hidden inequalities in the workplace, 215-243.
- Lecture 6. Legal forms of business organization. Business Law.
- Lecture 8. Employment law Agency. Business Law.
- Lecture 11. Dispute settlement in business. Business Law.