Alternative Dispute Resolution Process

The assignment report provides an in-depth review of the English legal system, including its two main branches: Civil and Criminal laws. It highlights key employment laws such as Contract of Employment Act 1963 and Health and Safety at Work Act 1974. The report also explores Alternative Dispute Resolution (ADR) processes, which aim to resolve conflicts outside of court through negotiation, conciliation, or mediation.

BUSINESS LAW

INTRODUCTION
Business law act as a backbone to organisational functions at it is the set of legal rules
and regulation for the business operations. It assists the firm in determining the legal boundaries
of conducting activity and assists the enterprise in establishing smooth flow of work. The report
will evaluate the structure of English legal system and the different sources of laws that
organisations. Moreover, it will analyse the employees’ legal obligations like, occupational
health and safety, workers, compensation, equal opportunities, harassment. Apart from this, the
report will outline the business cases and legal solution to specific cases with justifications. Thus,
it will determine the benefits of Alternative Dispute Resolution process in which cases are
resolved with the involvement of third party and outside the court.
P1 The structure of English legal system and the different sources of laws that organisations
must comply.
The English legal system is followed in Wales and England which comprises two laws
that is Civil and Criminal. There is no alteration in laws as the regulation of these laws are
framed by Judges in court, as only these individuals have the authority to amend and functions
the punishments under the regulation. In United Kingdom [UK], Supreme court is the high
authority which holds the power of making justice (Loveland, 2017). Further, the court
segregated the laws into Criminal and civil. The categorization of English legal system is
described under:
Criminal Law: The law regulates the crimes, accuses and offense in the state. The person
found obligating rules under criminal law is punished by the court as per the effect of particular
crime (Ashworth and Horder, 2013). The court which handle the cases of Criminal law are,
Crown court, Court of appeal and Magistrate courts.
Civil Law: It deals with the issues and conflicts between two parties such as consumers
and suppliers. In the cases of Civil law one party sues the other party against cheating, fraud,
misinterpretation of information, breach of contract etc. Further, in civil cases one party is liable
to pay for the losses. The Civil cases are handled by High court of justice, country courts and
court of appeal.
Thus, in UK parliament holds the super power and amends the regulations and laws according to
changes and crimes and cases. The basic values of legal framework of United Kingdom [UK] are
as follows:
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Legislation: This starts when Member of parliament comes up with the bill which
analyses the issues faced by the most general people of society. When the bill is brought up in
parliament and then it takes few steps to make the consent considered under the legal book of
justice. It comprises three reading before it reached to House of lords because it is important for
the committee to make sure that the consent mentioned under the Bill is considerable and
appropriate (Hayek, 2012). Further, when the Bill is presented to House of Lords then the party
make essential changes as per the requirement. Thus, after getting a royal assent in Bill, the
House of Lord make it as a part of law.
Case Law: It acts as asset for making law, when formulating laws the various aspects of
state and society are considered. The interpretation of law can be done after getting legal
permission from parliament. Further, it analyses the unclear language to make it clear in order to
remove errors and make language appropriate because the decisions of court are based on altered
provisions when are amended with a consent of parliament.
European Union Law: The law of United Kingdom [UK] are partially depended on the
regulations of European unions. This denotes the ability of EU law on legal framework of
United Kingdom [UK]. The European Law are generally focused on preserving the right of
humans such as consumers, employees etc.
Human Rights Law: The Human Right law of United Kingdom [UK] are based on EU
regulations. Moreover, it has been determined that European Convention of Human Rights
influence the law making of United Kingdom.
The statutory and common laws are applied in the court for justice. Generally it takes two legal
proceedings to draw conclusion and the decisions are taken under the legal boundaries in order to
protect the interest of ever individual in society.
P2 The role of government in law-making and how statutory and common law is applied in the
justice
Government is the key driver and plays a crucial role in process of law making.
Identification of issue: The bill brought of Members of parliament is passes after at least three
reading. The law are made in United Kingdom [UK], by following the particular steps which are,
beginning of Problem, political parties fight against each other for gaining votes from Public. To
gain votes the leaders make promises like, enhancing the roads, supply of water and many other
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changes than for fulfilling those promises the leaders seek permission from government for
fulfilling the made promises at the time of election.
Preparation of Bill: It is stage in which bill is drafted by government with the aim of solving
problem.
Addressing the problem: In this government analyse whether the promises and can been
fulfilled and permission can be given on the particular issues identified by the Political leaders.
The permission of government is addressed only on issues like, education, health, interest, tax
etc.
First reading: In this stage the bill reviews by house of lords and discussion occurs for consent.
Second reading: In this bill is presented to parliament and debate is conducted by government to
seek for suggestion and the bill is altered by MP'S of various regions.
Approval by cabinet minister: The support of minister over the issue cannot turn the idea into
law. The issue and its purpose is discussed with the partied involved in generation of idea and the
parties who will get affected with the law.
Report: After acceptance of Bill by all houses all the legal authorities look over to benefits and
limitation of bill.
Third reading: In this relevancy of bill is considered with the help of discussion and debates.
Conversion of proposal into bill: In this the idea and its proposal is signed on the green paper
with the acceptance of all people. Apart from this, it is important for the parties to seek
acceptance of Cabinet Minister on the proposal and the ideas.
Scrutinising of Bill by House of lords: Bill gets scrutinised after the final consent of house of
commons which are crucial part of house of lords.
Royal Ascent: With the common consent of house of lord and common the boll turns into law.
Thus, after the closing of three to five year of the in-acted bill than a reviewed take place as an
act. Royal ascent is independent, and therefore when bill reaches to queen, it needs to be
accomplished from all the mandatory parliamentary stages and should be released with
permission of house of Lord. Finally, after the consent from both the houses the bill finally goes
to royal assent where formal acceptance on bill of Queen turns the bill into Act of Parliament
(Royal Assent, 2017).
Common and Statutory laws
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The legal environment is dived into Common and Statutory laws. These legislations are
enforced by government to protect interest of public and constitution. It enables solution to every
legal problems
P3 a) Employers’ legal obligations
i. Occupational Health and Safety: Health and safety of employees plays a crucial role
in providing safe working condition to all staff members. It is the duty of firm to
establish stable and safe working condition and environment for all the employees at
work. There are many regulation imposed by the government of United Kingdom
[UK] to ensure that the enterprise are providing adequate and safe working
environment. Like the Health and safety Act 1996, is imposed by the parliament to
provide strict guidelines to business entities about the protection of workers in when
working under hazardous circumstances. Further, following and health and safety
rights in an organisation assit the entity in boosting employee’s morale (Neumann and
Nelson, 2014). Thus, it is important for an company to organise regular training and
development session for workers in order to make them aware about the proper and
safe use of advanced technologies in order to avoid the chances of dangerous
accidents and uncertainties.
ii. Workers compensation: Compensation to employees is the addition sum of money
which is provided by the enterprise to worker in case of accidents and injuries which
occur at work place. This is the best strategy which assists the enterprise in protecting
the interest of workers with the organisations (Bratter, and Gorman, 2011). It is the
best strategy which is used by management to boost the morale of staff members.
iii. Harassment: It is the exploitation of workers at work place which can be due to
bondage labourers, unethical practices and many more activities which are against
human rights and interests (Junco, 2017). In UK the organisation are bound to comply
with Protection from Harassment act 1997, which is imposed by government to
protect the rights and interest of employees against unlawful and awful activities at
workplace. Moreover, this act by United Kingdom [UK], government is influenced by
the European Union law and protects the discrimination activities which happen in
business environment. Any individual faces discrimination or any other harassment
activity is free to lodge complain against specific person or organisation. Thus,
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anyone found conducting such activity has to either compensated against the rights of
employees or can even be punished as per the activity. For instance, if in case there is
a girl who is asked to work for more than working hours in same wages and if she
says that she will not work for the same than the manger took off her id cards so that
she can not leave. This working condition of girl denotes harassment which falls
under bondage labourer.
iv. Equal opportunities: It is important for the enterprise to ensure that every individual
gets equal opportunity of work, pay and all the conditions (Kelly, 2010). Further, to
ensure equal opportunity for all the individuals the UK government has imposed the
act that Equality Act 2010, which ensures equality practices for all individuals. Apart
from this, it assists the person in saving themselves from unlawful and wrongful
activities of Work place like, Favouritism and biasness.
b) The relevant employment and contract law will have a potential impact upon the business as
per the scenario
In the given scenario, there was a 16 year old girl working for the fast food centre which is small
size business organisation and has limited number of staff members. The girl was working on the
wet floor where water was leaking from ice making machine. When working she slipped on
water and her hand went to deep fat fryer which has oil which was heating at 360 degree due to
which the girl has severe burns on hand sand on her forearms. The major part of the scenario as
that the team leader of the organisation was working on tills instead of keeping a check over the
working condition. In accordance to scenario employer of the fast food centre is responsible for
the unsafe conditions at workplace and for the hazardous incidents. In this case the organisation
is liable compensate a sum of amount of Girls and her family as a penalty. Furthermore, as per
the case, the enterprise is questionable from court against following:
Breach of Contract: In this the team leader of firm is responsible for not fulfilling the due
which is assigned to him or her due to which the contract is broken which aims at providing
healthy and safe environment to employees in all conditions.
Duty of Care: Duty of care under the law of Tort which protect the rights of people
against harmful activities and civil wrong doings. In this it can be imposed on Team leader who
was busy on till instead of monitoring the safety of work place. In this the person is liable to
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ensure that the floor is dry and the hot oil fry pan should be placed beyond the reach of
employees working near it.
Damages: Damage is caused to 16 year girl due to negligence of team leader and because
of unsafe working environment at fast food centre.
Hence, in accordance to all the factors which were neglected, the girl has the right to fight in
court for her interest under the government regulation such as:
Health and Safety Act 1996: This regulation is enhanced by the UK government to
provide strict guidelines to business entities about the protection of workers in when working
under hazardous circumstances. Under this the fast food enterprise can be sue for not maintain
adequate safety for employees. In addition in this the company is liable to compensate to girl
which can be in terms of monetary and non monetary.
Contract of Employment Act 1963: This denotes the roles and responsibilities of
organisation towards employees in context to protection of interests. Under this regular both the
parties agree to given terms and condition in which employer is liable to provide appropriate and
safe environment to workers which protects them from, unethical and hazardous activities
whereas the employee is liable to work effectively with an entity. In accordance to this act the
Girl can sue the company because the work environment was not all safe, as the floor was wet,
ice making machine was leaking and the responsible person was out of site.
P4 Appropriate legal solutions for each of the above business problems.
As per the scenario Calvin is an employee and work as a designer for a large fashion
house. He is been working there form past 4 years. On day he was acting acting differently when
his Boss Donna entered the office, than Donna checked the Petty Cash box and she discovered
that 100 pound were missing and she suddenly fired Calving without even giving him any
clarification and even asking him for clarification. When this incident occurred there were four
other employee with Calvin but Donna dismissed only Calvin. According to business ethical and
regulation dismissing the employee without any evidence of cheating is against the Employment
Rights act 1996. Further Calving is free and has the authority of taking legal action against
Donna under Unfair Dismissal Act 1997. The act states that no employer or organisation has the
right to fire employee without giving proper explanation with evidence (Hepple, Coussey and
Choudhury, 2010). In this case Donna will have to compensate to Calving which can be in terms
of monetary or non monetary.
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As per the scenario Dan father of Kelvin owns the Small convince store which gets
destroyed due to fire Than Dan opens new store and seeks for insurance where he answers to few
mandatory questions where it has been asked that if the person has claimed fore insurance in past
2 years and he writes no. Than the new store of Dan catches fire and gets damaged, further when
he claims for insurance the company objects and deny for accepting and paying for the losses
because the information filled by Dan about the fire claims was wrong as he got mistaken as the
last fire claim was about 23 months ago. In this case, the insurance company cannot claim
wrong because according to agreement and its rules the subject is right at its place. Therefore in
this case no party has the right to file case against each other.
P5 Justifications for solutions by referring to case.
According to case of fashion house, Donna was wrong and she should have confronted
Calvin and all four employees to know about the culprit. Instead she just noticed the weird
behaviour of Calving and Fired him and now the best way to fight for the rights is to file a case
against Donna Under Unfair Dismissal act. It will assist Calvin in attaining success over the
wrong and unlawful activity. Apart from this, in case of Dan and Kelvin it has been analysed
that the father of kelvin was wrong as he filled the wrong information in agreement due to which
the insurance company is now not liable for its fire damages. Thus, in accordance to the scenario
no party is liable to sue each other but it should be the duty of insurance advisor to make sure
that the client in filling the right detail. Hence, the solutions recommended in cases are as per the
legal consideration and according to interest of both the parties.
a) The concept and benefits of using Alternative Dispute Resolution process
Alternative Dispute Resolution process is considered as the best as it makes the
involvement of third party and the problems is resolved out of the court. It assists he parties in
saving and making their presence as per convince (Feliciano, 2017). The competition is world in
increasing and due to which these days no individuals has time to resolve issues in court as it
demands times for many hearings and creates damages to image of firm and person. Further, in
this process the issues gets resolved with the consent of both the parties. In this the third party
focuses on negotiating between clients on one common interest. It assist in satisfying both the
parties and resolving the issues without collecting any negative feedback. The ADR process has
various method such as Arbitration, which is the process of seeking justice without involving in
cases and arguments. In this the parties gets results on the basis of negotiation in which there is
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no chance of favourite and biased results. In Arbitration concept the practices seek for justice in
two different form according to their choice and both the process are completely different from
each other that is Judicial arbitration and private arbitration (Chappe, 2014). In Private process,
both the parties choose one common person to resolve their issue outside the court and it does
not involve any legal formalities. Further, the decision of this process is always in interest of
both the clients whereas in Judicial process the case went to court for retrial, when there is a
dissatisfaction of one party. In this the judge provides affix time period to resolve issue and reach
to final conclusion. In this decisions are sometimes partial and sometimes non partial. Secondly,
there is Conciliation for dispute resolution method in which conflicts are resolved outside the
court but in this the parties need to make agreement for resolving their problems. It assists the
parties is solving problem very quickly and it is used by clients when they want to enhance their
relationship with each other (Cheung, Suen and Lam, 2012). This provides win and lose
situation where one party has to lose in sake of maintaining the relation with other party. It is the
best method of solving and overcoming differences.
Further, the Mediation process helps in developing understanding of both the parties
plays a crucial role in resolving issues. In this the mediator hears the problems and differences
of both the clients in front of each other. It is solution of problems in order to preserve
relationship with each other which can be personal or business such as, husband and wife,
supplier and retailer, employer and employee etc. Apart from this the Negotiation process both
the parties come up to third person which act as judge in scenario to solve the problems. In this
process the person focus on solving issues keeping in mind the interest of both the parties
(Barnette, 2014). In this the judge passes the final solution with the agreement in order to avoid
the chance of future uncertainties and misunderstandings. Lastly, there is Ombudsman dispute
resolution in which individuals who provide advice on the specific matters that can be related to
business or personal. In this scenario there is no judge however in this people come up with their
problems in order to seek advice from the entity of individuals. These personas are generally
recruited by Parliament or government and are bounded with legal framework.
b) Recommendation of alternative legal solutions to the following business problem
In case scenario Antwon is the owner of investment firm whereas the Tyrell is the owner
of computer Software Company but the individual work together. Further, the employees of
Antwon organisation use to make predictions about market which went wrong which led to
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conflict between both the partners. Now, both the individuals do not want to spoil their
partnership and wants to work together. As per the case the best way clear the differences
between Antwon and Tyrell is lodging grievances under ADR that is Alternative dispute
resolution process. It is the concept which will assist the persons in negotiating at one common
point without creating damage to their image and to their company’s image. The process will
assist the persons in getting justice on time because in this the third party makes solution keeping
in mind the interest of both the parties. Negotiation is the method which is implemented when
two individuals who are involved in conflict do not want to spoil their partnership. Apart from
this the conciliation dispute resolution method, the individual who is judge is responsible for
seeking for one common solution which is interest of both conflicting parties. It is the process
which helps the parties in managing their future relationship by resolving current dispute.
CONCLUSION
The report summarized that the set of legal rules and regulation for the business
operations. It assists the firm in determining the legal boundaries of conducting activity and
assists the enterprise in establishing smooth flow of business activities. It analysed the English
legal system is followed in Wales and England which comprises two laws that is Civil and
Criminal. Further, it evaluated employers’ legal obligations, Occupational Health and Safety,
workers compensation, harassment and equal opportunities. The report outlined Health and
Safety Act 1996 which is enhanced by the UK government to provide strict guidelines to
business entities about the protection of workers in when working under hazardous
circumstances. It determined the use of Contract of Employment Act 1963 which focuses on
roles and responsibilities of organisation towards employees in context to protection of interests.
Hence, it concluded Alternative Dispute Resolution process is considered as the best as it makes
the involvement of third party and the problems is resolved out of the court. In this the third
party focuses on negotiating between clients on one common interest.
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Royal Assent. 2017. [Online]. Available through:
<https://www.parliament.uk/about/how/laws/passage-bill/commons/coms-royal-assent/>.
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