Generally, or incorrect. · Internal Internal sources of legal,

Generally, the most accessible
source of information for anyone would be the internet. Using the internet
would allow anyone to find information on legal, regulatory and ethical
requirements from many sources including the official government website for up
to date, relevant Acts and Laws. The downside of accessing this information on
the internet is that there is a risk that the information could be outdated or
incorrect. 

 

·        
Internal

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Internal sources of legal,
regulatory and ethical requirements are: the HR department and in the company handbook
as above. The HR department will hold private and confidential information for
each employee including their bank details, all of which will need to be kept
in a secure location whether it is in physical form or held securely on a
computer.

 

The HR department is responsible
for entering personal details into our system when an employee first starts as
well as generating and giving the paperwork to collect this data, so they will
be familiar with most legal, regulatory and ethical requirements and should be
able to offer information regarding this. The company handbook will include all
the acts that the company must legally follow.

 

·        
External

 

External sources such as the
government will provide information in different forms like helplines that can be
called and official websites that can be accessed at any time.

 

1.5 Explain how an ‘ethical
approach’ affects organisations in the sales or marketing environment

 

Ethical approaches in marketing
such as an awareness of people’s beliefs to not offend anyone affects the
business in more ways than one. Primarily it will make customers happy and
encourage repeat business. Ethical marketing will make a customer more likely
to remember and recommend the business to others and because of this more
business will occur. An ethical approach is also a legal requirement so if not
followed it can lead to legal issues which will affect the business in a bad
way.

 

 

1.6 Explain the importance of Contract
Law in sales

 

A contract is a legally binding
agreement between two or more parties. It is used as proof of an agreement
between two or more parties where both sides have consented and understand what
is expected of them and their side of the agreement and what they should expect
to receive from the other party or parties involved. A contract is almost
always legally binding, meaning that if it is not upheld or followed, then the
person in breach of the contract can be taken to court to settle the dispute.

 

Contract law is important in
sales and marketing as it prevents the exploitation of every party involved.
For example, when a purchase is made the customer will receive a receipt or
invoice which is a contract of sale. This is to show that the customer will
receive any goods or services that they have paid for and provides reassurance,
as the business should allow a cooling off period which is part of this
contract. The cooling off period is the ability to cancel their contract
without incurring a penalty during an agreed period after the sale has been
made. In terms of how it will protect the business, sales or marketing it means
that any goods or services must be paid for in full.

 

2.1 Explain the legal,
regulatory and ethical requirements relevant to the role

 

Within my role at Flightcase
Warehouse most of the legal, regulatory and ethical requirements are relevant.

 

Flightcase Warehouse has
measures in place to prevent all employees from injuring themselves whilst at
work such as correct PPE and high visibility jackets being required when in the
workshop and warehouse, as well as fully tested electrical equipment and cable
management in the office to prevent tripping hazards. All of which comply with
the Health and Safety at Work Act 1974.  

 

When producing content that will
go out to customers I must consider if what is produced is ethical and right to
be distributed. I try to ensure that I am non-bias and truthful in anything
that I create as this is in my opinion morally right and misleading people is
unethical and will affect the businesses reputation.

 

Copyright laws are also
important in my role as I take photographs regularly as well as helping to
create PR pieces and posting blog posts. The images I take are used on our
website as well as social media and PR pieces are the same, so I must make sure
that everything that goes out doesn’t breach the Copyright, Designs and Patents
Act 1988.

 

Another legal requirement within
my role is the Data Protection Act 1998. As part of my job includes handling
customer data, whether it be taking details or handling existing details I am
responsible for their data. When taking peoples details over the phone I must
make sure that once the data has been inputted into our system that anything
unnecessary must be destroyed and disposed of correctly and fully.

 

 

 

2.2 Describe the potential
consequences of not complying with legal, regulatory or ethical requirements

 

·        
Health and Safety at Work Act

 

Failing to comply with the
Health and Safety at Work Act 1974 can cause serious repercussions for a
business and the individual who has failed to comply. Consequences can range
from unlimited fines, to imprisonment. Health and Safety inspections can occur
regularly and if a potential risk is flagged and hasn’t been suitably assessed
then the business will be issued with a form of Improvement Notice, which must
be acted upon before another inspection occurs and failure to address the issue
can result in a fine or further action. If an employee is injured or killed due
to health and safety issues, then the consequences include prosecution and in
extreme cases prison if it was directly someone’s fault. The Corporate
Manslaughter and Homicide Act 2007 was put in place to penalise any breach and
the penalty for breaching this Act is an unlimited fine as well as the business
being made to publicly disclose the details of their conviction.

 

·        
Working Time Directive and
employment legislation

 

Businesses are responsible for
monitoring their employee’s working time and breaks. If the working time
directive 2003 is breached the employee affected can make a claim and may be
entitled to compensation. The employee will likely be entitled to compensation
if they have suffered health issues as a result. 

 

·        
Copyright Laws

 

The penalty for copyright
infringement in the UK’s magistrate’s court is imprisonment for 6 months and a
fine of up to £50,000. Whereas in the Crown Court the maximum length of
imprisonment is 10 years and an unlimited fine.

 

·        
Equality Act

 

All businesses will have
disciplinary procedures in place to deal with breaches of the Equality Act
2010. Depending on each situation and the businesses policies, the consequences
could vary from the employee making a formal apology to the person affected or
as serious as the employee losing their job and further action being taken for
example the police being involved.

 

·        
Data Protection Act

 

Information Commissioner’s Office or
ICO as they are otherwise known, are the public body responsible for enforcing
the Data Protection Act 1998. If a person who has not been authorised views private
data due to an organisation’s negligence, this is considered a data breach. ICO
can act against data breaches, they’re able to pursue criminal prosecution for
serious offences, take non-criminal enforcement, issue monetary penalties and
undertake audits to ensure that companies are complying with the Act.

 

·        
Ethical requirements

 

Unless an ethical requirement is
also a legal requirement, a business will not face any legal consequences for
being unethical. Although if a business is found to be unethical customers will
likely not be happy and look elsewhere. If enough people are unhappy and aware
of the unethical practice then it will damage the reputation of the business,
if severe enough the business may go bankrupt.

 

2.3 Explain the importance of
working within the limits of the role, responsibilities and authority

 

Flightcase Warehouse expect me
to be polite and friendly when I am speaking to anyone on behalf of the
business. Even in day to day operations such as answering the phones I help to
build a good reputation for the company. Daily tasks such as checking low stock
and helping while another member of staff is off are also important. It is
important to work within the limits of my role but assist with others where and
when I can as this is responsible.

 

2.4 Explain the process for
reporting legal, regulatory and ethical concerns

 

There are different ways to
raise concerns regarding legal, regulatory and ethical issues in every
business. At Flightcase Warehouse I would speak to either Sam Austin or Steve
Austin who would then help me decide what the best course of action would be.
If Sam or Steve were unable to help me however there are other people I can
talk to within the business. If the situation is very serious in some
businesses, there will be an external helpline and in extreme cases the
relevant agency can be contacted.

 

2.5 Explain the importance of
clarity of communication with the customer to ensure common understanding of
agreements and expectations

 

Clarity of communication with
the customer is important to ensure a common understanding of agreements and
expectations is achieved. The customers satisfaction with the service or product
is important as this will encourage them to use the business again. If there is any misunderstanding between the business
and the customer, this could leave the relationship between the two parties in
a less than ideal state and as such may lead to the customer not
wanting to purchase from the business in the future. In extreme cases, the
customer may feel as though they have been exploited and try to pursue
compensation, which would most likely turn other current and potential
customers away.

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