Business Law and English Legal System

Business Law

Table of Contents
Introduction............................................................................................................................3
1.1- Explain the structure of the English legal system and discuss the different sources of
laws that organizations must comply with. (P1)....................................................................3
1.2 – Explain the role of government in law-making and how statutory and common law is
applied in the justice courts. (P2)...........................................................................................5
Task – 2..................................................................................................................................6
a) Briefly explain employers’ legal obligations in relation to Occupational Health and Safety,
Workers compensation, Harassment and equal opportunities...................................................6
(b) Explain how the relevant employment and contract law will have a potential impact
upon the business in this scenario..........................................................................................7
3.1 - Suggest appropriate legal solutions for each of the above business problems (P4)......8
3.2- Provide justifications for your solutions by either referring to a relevant statute or
using an appropriate case (P5)...............................................................................................8
Section – 4............................................................................................................................11
4.1- Explain the concept and benefits of using Alternative Dispute Resolution process (P6)
..............................................................................................................................................11
4.2- Recommend an alternative legal solution to the following business problem. You can
consider another country’s legal system or a different legal framework.............................13
Conclusion............................................................................................................................14

Introduction
Various types of laws exist in the English Legal system. The English legal system mainly has
two types of laws in the society. The first one is the Civil law and the second one is the
Criminal law (Huxley-Binns et al.,2017). The Supreme Court is at the apex of the country
and the subordinate courts under it abide by the orders and instructions provided by the
Supreme Court. The judges of the court follow the common law. Nowadays, the government
is encouraging some alternative methods of law called the ADR methods. The purpose of
introducing these alternative laws is to avoid the lengthy procedure of a case in the court of
law and provide the parties to the disputes the judgement in a simple and easy manner in a
cost-effective method. The parties to the disputes can avoid hassles at the time of proceeding
a suit in a court of law. The three types of proceedings under this ADR method are
Arbitration, Mediation and the Negotiation process respectively. Both the individuals and the
business organizations may follow these procedures in a society. The learner, in the society,
will have a vast idea regarding the various types of laws and their applications in various
situations in our society.
Task -1
1.1- Explain the structure of the English legal system and discuss the different sources
of laws that organizations must comply with. (P1)
The English Laws, influenced by the Roman Laws has been enacted in many countries in
Europe. For enactment of a new law, the Bill has to be passed at first . For passing a bill, first
the approval from House of Parliament has to be approved and then the ascent from the
Queen has to be approved. So, in English legal system, the House of Parliament and the
Queen are concerned with enacting a new law (Mason et al.,2015).
Enforcement of law
In the United Kingdom, the law is enforced by the various agencies. Such agencies are
enlisted under the governmental bodies (Wigmore, 2015).
 National Law enforcement bodies: National Crime Agency, British Transport
police and special Police Forces are enlisted under National Law enforcement bodies.
 Territorial Police forces: Police authorities fall under this category.
 Miscellaneous police forces: These are as per older legislations.

Constituents of Legal system: The Supreme court is at the summit of the country and all the
Civil and Criminal courts abide by the orders of this Court. The Court of appeal is also under
the Supreme Court. High Courts follow the Court of appeal. Court of Appeal, Crown Court
and the Magistrate Courts handle criminal cases (Loughlin et al.,2016).
Supreme Court: The Supreme Court is at the summit of the country and handles public
cases (Chemerinsky, 2016).
Court of Appeal: It is under the Supreme Court and both the civil and criminal cases are
handled by this court.
High Courts: High Courts are under Court of Appeal and they handle civil matters (Stephen,
2014 ).
Crown Courts: Crown Court handles the criminal cases.
Country Court: Civil and family issues are handled here.
Magistrate courts: The primary matters in related to criminal case are handled in this court
(Moibi et al.,2014).
Purpose, evaluation and sources of laws
The main purpose of enforcing laws in the society is to protect the society from various
criminal activities and lessen the crime in the society. The enforcement of law in the society
is to provide judgement for both individuals and business organizations.
In the stages of evaluation of laws, firstly the Bill is passed and then laws are amended if
necessary.
There exist various sources of laws in the United Kingdom and they are European
Convention on Human Rights, Case laws, EU laws, statutory laws and legislations. The
European Convention on Human Rights is concerned with the human rights to be
safeguarded. These human rights are safeguarded through some equal opportunities. The
judges gain some special types of experiences through cases and the case laws are formed
based on those experiences. The European laws are concerned with the pay-backs, payment
of salaries, child labour etc (Ehrenberg et al.,2016). The approval from the Members of the
House is required for legislations and this also needs the approval of House of Lords and the
ascent of Queen.