Business Law and Legal Systems in the UK
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AI Summary
This report delves into the English legal system, covering sources of law, court structure, legal solutions, and alternative dispute resolution. It analyzes case scenarios and recommends appropriate legal solutions.
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Table of Contents
Introduction................................................................................................................................4
Section 1 – Nature of legal systems...........................................................................................5
a) (P1).....................................................................................................................................5
b) (P2).....................................................................................................................................7
(M1)........................................................................................................................................8
(D1)........................................................................................................................................9
Section 2...................................................................................................................................10
P3 a).....................................................................................................................................10
b)..........................................................................................................................................12
(M2)......................................................................................................................................13
Section 3 – Legal solutions to business problems....................................................................14
P4..........................................................................................................................................14
P5 -.......................................................................................................................................15
M3........................................................................................................................................16
D2.........................................................................................................................................17
Section 4 - Recommending appropriate legal solutions based upon alternative legal advice. 18
a) (P6)...................................................................................................................................18
b)..........................................................................................................................................19
M4........................................................................................................................................20
D2.........................................................................................................................................21
2
Introduction................................................................................................................................4
Section 1 – Nature of legal systems...........................................................................................5
a) (P1).....................................................................................................................................5
b) (P2).....................................................................................................................................7
(M1)........................................................................................................................................8
(D1)........................................................................................................................................9
Section 2...................................................................................................................................10
P3 a).....................................................................................................................................10
b)..........................................................................................................................................12
(M2)......................................................................................................................................13
Section 3 – Legal solutions to business problems....................................................................14
P4..........................................................................................................................................14
P5 -.......................................................................................................................................15
M3........................................................................................................................................16
D2.........................................................................................................................................17
Section 4 - Recommending appropriate legal solutions based upon alternative legal advice. 18
a) (P6)...................................................................................................................................18
b)..........................................................................................................................................19
M4........................................................................................................................................20
D2.........................................................................................................................................21
2
Conclusion................................................................................................................................22
References................................................................................................................................23
3
References................................................................................................................................23
3
Introduction
This assignment provides the detailed discussion regarding the concepts of the law and its
application in the United Kingdom. The explanation regarding the structure associated with
the English Legal System is provided in this report. The effective role played by the
government departments in the formation of the law drafts and its application is effectively
presented. The legal systems are developed continuously with the reforms used and it helps in
the enhancement of the growth. The employer legal obligations are effectively provided in
terms of the ruling of the application of the statutory and the common laws. The task provides
the understanding regarding the procedure used in the alternative dispute resolution
procedures. The effective understanding regarding the implication of the legal obligations as
provided under the ruling related to the employment acts or the harassments acts is provided
in this report. The benefits and the alternates used are effectively provided in this report along
with the benefits derived from it.
4
This assignment provides the detailed discussion regarding the concepts of the law and its
application in the United Kingdom. The explanation regarding the structure associated with
the English Legal System is provided in this report. The effective role played by the
government departments in the formation of the law drafts and its application is effectively
presented. The legal systems are developed continuously with the reforms used and it helps in
the enhancement of the growth. The employer legal obligations are effectively provided in
terms of the ruling of the application of the statutory and the common laws. The task provides
the understanding regarding the procedure used in the alternative dispute resolution
procedures. The effective understanding regarding the implication of the legal obligations as
provided under the ruling related to the employment acts or the harassments acts is provided
in this report. The benefits and the alternates used are effectively provided in this report along
with the benefits derived from it.
4
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Section 1 – Nature of legal systems
a) (P1)
Law is a scheme of rules in which a specific community identifies as regulating the
actions of its members and which it may impose by the obligation of fines.
Structure
Supreme Court is the highest court in the UK. It overhears the verdicts from Wales and
England. UK is part of EU member. It established in 1952 in Luxemburg. The Supreme
Court consists of the criminal and civil decision.
Criminal Division: This division deals with the criminal matters. It splits into three
courts. Magistrate court deals with the criminal cases. Serious crimes are accepted by the
crown court. Crown court overhears the petitions from magistrate court. Court of appeal
perceives the appeal against the convictions, confiscation order in crown court.
Crown court: It deals with the matter such as rape, murder and court conviction.
It receives the appeal from the court of magistrate.
Court of Appeal: It hears the verdicts from proceedings in crown court. Verdicts
can be against the matter of sentence, convictions and confiscation by the crown
court.
Magistrate court: It deals with three types of cases such as either way offences,
summary offences, indictable-only offences(Courts and tribunals Judiciary, 2018).
Civil division: It handles the civil matters. The civil court includes the queen court,
chancery court, family court. Queen court handles the dispute regarding the negligence,
torts, breach of court. Chancery court is a court of equity in Wales and England that
follows rules to avoid the change and inequity of law. Family law handles the matter
regarding the marriage and divorce and also perceives the verdicts from that. Court of
appeal perceives the verdicts from the court and includes the court of administration. The
county court is based on the process of jurisdiction.
5
a) (P1)
Law is a scheme of rules in which a specific community identifies as regulating the
actions of its members and which it may impose by the obligation of fines.
Structure
Supreme Court is the highest court in the UK. It overhears the verdicts from Wales and
England. UK is part of EU member. It established in 1952 in Luxemburg. The Supreme
Court consists of the criminal and civil decision.
Criminal Division: This division deals with the criminal matters. It splits into three
courts. Magistrate court deals with the criminal cases. Serious crimes are accepted by the
crown court. Crown court overhears the petitions from magistrate court. Court of appeal
perceives the appeal against the convictions, confiscation order in crown court.
Crown court: It deals with the matter such as rape, murder and court conviction.
It receives the appeal from the court of magistrate.
Court of Appeal: It hears the verdicts from proceedings in crown court. Verdicts
can be against the matter of sentence, convictions and confiscation by the crown
court.
Magistrate court: It deals with three types of cases such as either way offences,
summary offences, indictable-only offences(Courts and tribunals Judiciary, 2018).
Civil division: It handles the civil matters. The civil court includes the queen court,
chancery court, family court. Queen court handles the dispute regarding the negligence,
torts, breach of court. Chancery court is a court of equity in Wales and England that
follows rules to avoid the change and inequity of law. Family law handles the matter
regarding the marriage and divorce and also perceives the verdicts from that. Court of
appeal perceives the verdicts from the court and includes the court of administration. The
county court is based on the process of jurisdiction.
5
High court of Justice: It includes the three divisions of appellate and original
jurisdiction in civil matters. It includes the chancery court, family court, queen
court.
Court of appeal: It perceives the verdicts against the decisions by family court
and county court.
County court: It is based on jurisdiction that covers one or more counties which
are administrative in nature.
Sources
There are two kinds of sources primary and secondary.
Primary sources: It includes the legislation enacted by parliament, case laws made by
the court, European law.
Legislation: It is enacted by a legislature such as a parliament. It is recognised as
higher form as it overrides the other laws.
Case laws: It is a set of rulings by courts and tribunals that meets the rules of
jurisdiction and known as precedent. This law helps to find the information easily
(Diffen,2018).
European law: It is a system of rules which are operating within the state
members of European Union. It is divided into primary and secondary legislation.
Secondary sources: It includes the parliamentary and non- parliamentary documents,
law journals etc.
Parliamentary and non- parliamentary documents: Parliamentary documents are
those which are produced by the parliament. It includes the bills, judgments,
business papers. Non-parliamentary documents are that which are not produced
by the parliament. It includes research reports, codes of practice etc.
Law journals: It is an academic publication that presents the commentary of
emerging developmental in the law and specialises in the particular area of law.
6
jurisdiction in civil matters. It includes the chancery court, family court, queen
court.
Court of appeal: It perceives the verdicts against the decisions by family court
and county court.
County court: It is based on jurisdiction that covers one or more counties which
are administrative in nature.
Sources
There are two kinds of sources primary and secondary.
Primary sources: It includes the legislation enacted by parliament, case laws made by
the court, European law.
Legislation: It is enacted by a legislature such as a parliament. It is recognised as
higher form as it overrides the other laws.
Case laws: It is a set of rulings by courts and tribunals that meets the rules of
jurisdiction and known as precedent. This law helps to find the information easily
(Diffen,2018).
European law: It is a system of rules which are operating within the state
members of European Union. It is divided into primary and secondary legislation.
Secondary sources: It includes the parliamentary and non- parliamentary documents,
law journals etc.
Parliamentary and non- parliamentary documents: Parliamentary documents are
those which are produced by the parliament. It includes the bills, judgments,
business papers. Non-parliamentary documents are that which are not produced
by the parliament. It includes research reports, codes of practice etc.
Law journals: It is an academic publication that presents the commentary of
emerging developmental in the law and specialises in the particular area of law.
6
Role of solicitors, barristers, judges: Solicitors advises on the legal matters and work
in private firms. Barrister presents the case before the judge in court. Judges interpret
and implements the laws and provide the judgments to the parties.
b) (P2)
The House of legislature deliberate proposals is known as bills which are presented by
the government. To become law, a bill must be accepted by House of Lords and House of
Commons. It has to undergo following stages.
First reading: this is considered to be a preliminary stage of reading of the bill. In this
phase, the topic of the bill is to be decided and read by both houses of parliament.
Second reading: In this phase, the purpose and objectives of the bill are to be discussed.
This phase also recommends the amendments.
Committee stage: The main purpose of this phase is to examine the bill and variations
are made.
Report stage: This phase, recommends the amendments and changes. The draft is
disputed and voted by the house of parliament.
Third reading: In this phase, a draft is represented in the house. In-house of common, no
changes can be made, but in House of Lords, modifications are made.
Royal assent: It is the last phase of the process of lawmaking. The bill is declared by
both houses and it becomes the law (Slapper and Kelly, 2013).
Statutory and common law
Common law originates from the precedent and statutory law is made by the
administration. Common law is instructive in nature and statutory law are prescriptive in
nature (Diffen, 2018).
Role of EU: The member states set the various organisations to which they delegate their
authority so that, matters regarding the decisions can be made at the European level.
7
in private firms. Barrister presents the case before the judge in court. Judges interpret
and implements the laws and provide the judgments to the parties.
b) (P2)
The House of legislature deliberate proposals is known as bills which are presented by
the government. To become law, a bill must be accepted by House of Lords and House of
Commons. It has to undergo following stages.
First reading: this is considered to be a preliminary stage of reading of the bill. In this
phase, the topic of the bill is to be decided and read by both houses of parliament.
Second reading: In this phase, the purpose and objectives of the bill are to be discussed.
This phase also recommends the amendments.
Committee stage: The main purpose of this phase is to examine the bill and variations
are made.
Report stage: This phase, recommends the amendments and changes. The draft is
disputed and voted by the house of parliament.
Third reading: In this phase, a draft is represented in the house. In-house of common, no
changes can be made, but in House of Lords, modifications are made.
Royal assent: It is the last phase of the process of lawmaking. The bill is declared by
both houses and it becomes the law (Slapper and Kelly, 2013).
Statutory and common law
Common law originates from the precedent and statutory law is made by the
administration. Common law is instructive in nature and statutory law are prescriptive in
nature (Diffen, 2018).
Role of EU: The member states set the various organisations to which they delegate their
authority so that, matters regarding the decisions can be made at the European level.
7
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(M1)
Law reform is the procedure of scrutinising the prevailing law and executing the changes
in the legal system with the aim of improving justice or efficiency. To bring the efficacy
of English legal system various standards, regulation is to formed which aim to ensure
the impartibility of government. Law must be changed according to the needs of society
and environment. Certain changes can be made such as tribunals must be established,
policies and rules are to be framed, and technology must be updated. There are various
courts and tribunals that help in bringing effectiveness by making different laws for the
improvement of governmental power (Lawgovpol, 2015).
8
Law reform is the procedure of scrutinising the prevailing law and executing the changes
in the legal system with the aim of improving justice or efficiency. To bring the efficacy
of English legal system various standards, regulation is to formed which aim to ensure
the impartibility of government. Law must be changed according to the needs of society
and environment. Certain changes can be made such as tribunals must be established,
policies and rules are to be framed, and technology must be updated. There are various
courts and tribunals that help in bringing effectiveness by making different laws for the
improvement of governmental power (Lawgovpol, 2015).
8
(D1)
English legal system is administered by England and Wales. To evaluate the legal
system, advantages and disadvantages are to be discussed. English legal system includes
the certainty which describes that law is based on the real-life situations with all
complications. It is a rigid system which state that judges can modify or change the law
according to the needs of society. The disadvantage of English legal system is it
overrides the other regulation and legislation. It has a sheer volume of legal material
which states that it has many case laws and reports and it is difficult for a court to solve
the cases timely (Bennett, 2012).
9
English legal system is administered by England and Wales. To evaluate the legal
system, advantages and disadvantages are to be discussed. English legal system includes
the certainty which describes that law is based on the real-life situations with all
complications. It is a rigid system which state that judges can modify or change the law
according to the needs of society. The disadvantage of English legal system is it
overrides the other regulation and legislation. It has a sheer volume of legal material
which states that it has many case laws and reports and it is difficult for a court to solve
the cases timely (Bennett, 2012).
9
Section 2
P3 a)
i) Occupational Health and Safety:
The provision of this act was formulated in by the employer for providing effective and safe
working environment for the employees. Hence the employer should provide the easy access
to the working environment for the colleagues which provide them with the safe feeling to
work. This also helps in reducing the liability of the employer towards the employees as if
there is involved any act in the workplace then in such case the burden to make the payment
of the expenses falls on the employer only. It is considered to be the process which involves
the more costs hence priority should be given to the safety of the colleagues in the workplace.
This act not only ensure the safety and welfare of the employee but also for their family,
customer or any person who may be affected by the working of such organization. If due to
the negligence of the employer, employee incurred any loss or injury then the employer will
be held liable (Healthy Working Life, 2014).
ii) Workers compensation:
The ruling of the Workers Compensation Act 1906 helps in governing the behaviour and the
conduct of the employees involved in the workplace. The negligence of the employer
regarding the safety and health of the employees hold the employer liable to make the
payment of the compensation
iii) Harassment:
The acts which are formulated to govern the acts of the harassments are equality act or the
protection from the harassment act 1997. These acts also help in saving the interests of the
workers which are involved in the workplace. The acts related to the racial harassments are
also involved in the workplace and hence protection should be provided to the individuals
from such acts and the proceedings.
iv) Equal opportunities:
10
P3 a)
i) Occupational Health and Safety:
The provision of this act was formulated in by the employer for providing effective and safe
working environment for the employees. Hence the employer should provide the easy access
to the working environment for the colleagues which provide them with the safe feeling to
work. This also helps in reducing the liability of the employer towards the employees as if
there is involved any act in the workplace then in such case the burden to make the payment
of the expenses falls on the employer only. It is considered to be the process which involves
the more costs hence priority should be given to the safety of the colleagues in the workplace.
This act not only ensure the safety and welfare of the employee but also for their family,
customer or any person who may be affected by the working of such organization. If due to
the negligence of the employer, employee incurred any loss or injury then the employer will
be held liable (Healthy Working Life, 2014).
ii) Workers compensation:
The ruling of the Workers Compensation Act 1906 helps in governing the behaviour and the
conduct of the employees involved in the workplace. The negligence of the employer
regarding the safety and health of the employees hold the employer liable to make the
payment of the compensation
iii) Harassment:
The acts which are formulated to govern the acts of the harassments are equality act or the
protection from the harassment act 1997. These acts also help in saving the interests of the
workers which are involved in the workplace. The acts related to the racial harassments are
also involved in the workplace and hence protection should be provided to the individuals
from such acts and the proceedings.
iv) Equal opportunities:
10
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Setting up of Equality and Human Rights Commission is also governed under this Act, which
has the authority to penalize the employer engaged in any discriminating recruitment. The
equal opportunities acts help in the individuals to provide the equal opportunities at the
workplace. This act helps in providing the equal opportunities for the employees and the
effective working environment. The regulations provide that if there is involved the
inequality at the workplace then this act of the employer holds them liable for the imposition
of the legal penalties.
11
has the authority to penalize the employer engaged in any discriminating recruitment. The
equal opportunities acts help in the individuals to provide the equal opportunities at the
workplace. This act helps in providing the equal opportunities for the employees and the
effective working environment. The regulations provide that if there is involved the
inequality at the workplace then this act of the employer holds them liable for the imposition
of the legal penalties.
11
b)
The regulations related to the employment and the contractual regulations are provided in the
case scenario of the girl child. These regulations affect the working of the factories and the
terms related to the employment. It is provided that the effective and the safe environment in
terms of the hardware and safe premises should be provided to the employees. Effective staff
should be available on the premises so that there should be present an individual to monitor
their working.
The provisions of the Health and Safety Act 1974 are also applicable in this case which helps
the individuals to safeguard their rights and the practices. In the given case the girl child was
suffered from the accident due to less availability of the stuff to monitor their working. Hence
there is a breach of the regulations of the health and safety and hence the decision making is
involved through the provisions of this act only. Further, the regulations of the Employment
Protection Act are also applicable in this case.
It is analysed from the above scenario of the girl child that if the safe environment is not
provided to the workers then in such case the employer is liable to make payment of all the
expenses and also the compensation (Fair work ombudsman, 2016). The contractual
obligations are also not followed in this case and the contract is made with the 16 years girl
child which is considered to be void. Hence in any case the employee is not liable for any
terms of the contract.
12
The regulations related to the employment and the contractual regulations are provided in the
case scenario of the girl child. These regulations affect the working of the factories and the
terms related to the employment. It is provided that the effective and the safe environment in
terms of the hardware and safe premises should be provided to the employees. Effective staff
should be available on the premises so that there should be present an individual to monitor
their working.
The provisions of the Health and Safety Act 1974 are also applicable in this case which helps
the individuals to safeguard their rights and the practices. In the given case the girl child was
suffered from the accident due to less availability of the stuff to monitor their working. Hence
there is a breach of the regulations of the health and safety and hence the decision making is
involved through the provisions of this act only. Further, the regulations of the Employment
Protection Act are also applicable in this case.
It is analysed from the above scenario of the girl child that if the safe environment is not
provided to the workers then in such case the employer is liable to make payment of all the
expenses and also the compensation (Fair work ombudsman, 2016). The contractual
obligations are also not followed in this case and the contract is made with the 16 years girl
child which is considered to be void. Hence in any case the employee is not liable for any
terms of the contract.
12
(M2).
The regulations or the legislation are formulated by the administrative authorities to develop
the effective control and the administration of the employment terms. The case scenario of
the girl deals with the several regulations or the legislation and standards. The difference and
the analysis among them are provided thereunder:
Health and Safety Act 1974: This act is also formulated for the employment
conditions and the working environment. This act helps in securing the health and
welfare of the individuals involved in the work. It is the responsibility on the part of
the employer to provide such tools and the equipment’s which are tested properly and
are easy to use (Lawrite, 2017). Hence the working of the business should be
formulated in such manner which helps in considering the safety of individuals at the
workplace while performing the work.
Factories Act 1948: It was considered to be an act of the Parliament which is
formulated in the UK. This act was formulated by the administrative authorities to
ensure that the interests of the workers are not disregarded or the exploitation is also
not involved with them in the workplace. These practices help in the workers to
safeguard from the acts related to the child labour.
13
The regulations or the legislation are formulated by the administrative authorities to develop
the effective control and the administration of the employment terms. The case scenario of
the girl deals with the several regulations or the legislation and standards. The difference and
the analysis among them are provided thereunder:
Health and Safety Act 1974: This act is also formulated for the employment
conditions and the working environment. This act helps in securing the health and
welfare of the individuals involved in the work. It is the responsibility on the part of
the employer to provide such tools and the equipment’s which are tested properly and
are easy to use (Lawrite, 2017). Hence the working of the business should be
formulated in such manner which helps in considering the safety of individuals at the
workplace while performing the work.
Factories Act 1948: It was considered to be an act of the Parliament which is
formulated in the UK. This act was formulated by the administrative authorities to
ensure that the interests of the workers are not disregarded or the exploitation is also
not involved with them in the workplace. These practices help in the workers to
safeguard from the acts related to the child labour.
13
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Section 3 – Legal solutions to business problems
P4
Case 1: This case was involved between the two that is the plaintiff and the defendant. In this
case, the plaintiff is the Calvin while the defendant is Donna. There is involved the agreement
of the employment among both of them. In other words, Calvin is under the obligation to
perform the acts which are asked to perform by the Donna. Calvin works in the fashion
industry and when the acts of the theft are involved in the premises then in such case all the
charges of theft are imposed on the Calvin and he is removed from his occupation without
serving any notice (Berkeley, 2017).
Here the concept of unfair dismissal is used in the business. The unfair dismissal provides
that there is the removal of the employee from his job position unfairly. Hence in this case the
legal solution which is available with the Calvin is to approach to the employment tribunal.
The right to sue is also available with the Calvin. The removal of Calvin without serving the
notice is also an act which holds the employer liable to compensate the loss (Garoup & G
´omezLig ¨uerre, 2014).
Case 2: In this case, there is provided with the case of insurance. The proposal provided to
the Dan was submitted to the insurance company without thinking. The insurance amount
which is recovered in the previous year was not provided. Hence it is seen that the disclosure
made by the Dan was made with the wrong intention. It is also considered to be an act of the
misrepresentation. The misrepresentation takes the form of negligent, fraudulent and innocent
misrepresentation. In this case, the form of misrepresentation which is observed is a negligent
misrepresentation. Hence in this case the remedy which is available with the Dan is to
approach the legal proceedings for the payment of the claims.
14
P4
Case 1: This case was involved between the two that is the plaintiff and the defendant. In this
case, the plaintiff is the Calvin while the defendant is Donna. There is involved the agreement
of the employment among both of them. In other words, Calvin is under the obligation to
perform the acts which are asked to perform by the Donna. Calvin works in the fashion
industry and when the acts of the theft are involved in the premises then in such case all the
charges of theft are imposed on the Calvin and he is removed from his occupation without
serving any notice (Berkeley, 2017).
Here the concept of unfair dismissal is used in the business. The unfair dismissal provides
that there is the removal of the employee from his job position unfairly. Hence in this case the
legal solution which is available with the Calvin is to approach to the employment tribunal.
The right to sue is also available with the Calvin. The removal of Calvin without serving the
notice is also an act which holds the employer liable to compensate the loss (Garoup & G
´omezLig ¨uerre, 2014).
Case 2: In this case, there is provided with the case of insurance. The proposal provided to
the Dan was submitted to the insurance company without thinking. The insurance amount
which is recovered in the previous year was not provided. Hence it is seen that the disclosure
made by the Dan was made with the wrong intention. It is also considered to be an act of the
misrepresentation. The misrepresentation takes the form of negligent, fraudulent and innocent
misrepresentation. In this case, the form of misrepresentation which is observed is a negligent
misrepresentation. Hence in this case the remedy which is available with the Dan is to
approach the legal proceedings for the payment of the claims.
14
P5 -
Case 1: In the given case of Calvin it is provided that the employer is under the obligation to
serve the notice within the time period necessitated or required. The ruling related to such
notice period is provided under the provisions of section 98 under the Employment Rights
Act 1996. The same decision is provided under the decided case law of Polkey v AE Dayton
Services Ltd. This case provides the understanding regarding the fact that if an individual or
the employee is involved in the case of misconduct then in such case the proper investigation
should be formulated and then adequate hearing should be involved (Healthy Working Life,
2014).
Similarly, the judgment which is provided in the case of John Lewis plc v Coyne provides
that it is the obligation of the employer involved in the workplace to prove the dishonesty on
the part of the employees.
Case 2: In this case, the ruling of the Fraud Act 2006 is applicable to the Dan. The
provisions of this act provide that if there is involved the act of the non-disclosure of the
information then in such case it is termed as an act of the fraud. Although it is provided that
the non-disclosure of the information should be involved when the act of this act is wrong or
is completed with the intention which is treated as a mala-fide. Hence in this case the option
available to Dan is to approach the legal court or solve the disputes through the alternative
procedures (Bennett, 2012).
15
Case 1: In the given case of Calvin it is provided that the employer is under the obligation to
serve the notice within the time period necessitated or required. The ruling related to such
notice period is provided under the provisions of section 98 under the Employment Rights
Act 1996. The same decision is provided under the decided case law of Polkey v AE Dayton
Services Ltd. This case provides the understanding regarding the fact that if an individual or
the employee is involved in the case of misconduct then in such case the proper investigation
should be formulated and then adequate hearing should be involved (Healthy Working Life,
2014).
Similarly, the judgment which is provided in the case of John Lewis plc v Coyne provides
that it is the obligation of the employer involved in the workplace to prove the dishonesty on
the part of the employees.
Case 2: In this case, the ruling of the Fraud Act 2006 is applicable to the Dan. The
provisions of this act provide that if there is involved the act of the non-disclosure of the
information then in such case it is termed as an act of the fraud. Although it is provided that
the non-disclosure of the information should be involved when the act of this act is wrong or
is completed with the intention which is treated as a mala-fide. Hence in this case the option
available to Dan is to approach the legal court or solve the disputes through the alternative
procedures (Bennett, 2012).
15
M3.
Legal solutions help in the parties to reach the amicable and the final settlement. The act of
the unfair dismissal involved in the case is such which helps in the companies to take such
action which does not involve the repetitions of such acts. This also helps them in the
development of understanding regarding the need to follow the provisions of the employment
tribunal otherwise the companies are involved in the legal proceedings which costs more for
the company (Healthy Working Life, 2014). The negative impact associated with this is also
that the relationships involved among the parties are affected by such acts of the employer
and the employees. This also leads to a reduction of the faith among the parties involved in
such acts.
16
Legal solutions help in the parties to reach the amicable and the final settlement. The act of
the unfair dismissal involved in the case is such which helps in the companies to take such
action which does not involve the repetitions of such acts. This also helps them in the
development of understanding regarding the need to follow the provisions of the employment
tribunal otherwise the companies are involved in the legal proceedings which costs more for
the company (Healthy Working Life, 2014). The negative impact associated with this is also
that the relationships involved among the parties are affected by such acts of the employer
and the employees. This also leads to a reduction of the faith among the parties involved in
such acts.
16
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D2.
The proceedings which are formulated by the court are such which does not provide actual
satisfaction to the clients as there are guided by the certain rules and the regulations. It is also
considered to be a procedure which requires a lot of time and money in its formulation. But
when it is compared with the approaches of the alternative solution such as negotiation,
mediation then it provides the benefits to the individuals in terms of settlement of the disputes
and both the time and costs. The basic focus of the alternative methods is to provide the
solution to the disputes involved not anything else (Munk, 2016).
For example, in the case of Calvin, the best option which is available to the clients is to
approach the mediation procedure. This helps in providing both the amicable settlement and
also helps in maintaining the relationships among them. Similarly in the case of Dan also the
parties can approach the any of the procedure to formulate the quick decisions.
17
The proceedings which are formulated by the court are such which does not provide actual
satisfaction to the clients as there are guided by the certain rules and the regulations. It is also
considered to be a procedure which requires a lot of time and money in its formulation. But
when it is compared with the approaches of the alternative solution such as negotiation,
mediation then it provides the benefits to the individuals in terms of settlement of the disputes
and both the time and costs. The basic focus of the alternative methods is to provide the
solution to the disputes involved not anything else (Munk, 2016).
For example, in the case of Calvin, the best option which is available to the clients is to
approach the mediation procedure. This helps in providing both the amicable settlement and
also helps in maintaining the relationships among them. Similarly in the case of Dan also the
parties can approach the any of the procedure to formulate the quick decisions.
17
Section 4 - Recommending appropriate legal solutions based upon alternative legal
advice
a) (P6)
Alternative Dispute Resolution procedure is a procedure which helps in the resolution of the
disputes which are involved among the parties. The techniques which are used under this are
arbitration, mediation, conciliation, etc. These methods are such which are preferred over the
others.
Kinds of ADR:
Arbitration: The importance and the needs associated with the arbitration are increasing day
by the day in which the decision making is involved by the person called as an arbitrator. In
this form, the decisions which are formulated in by the parties are called as an award and
which is legally binding on the parties. This helps in the parties to resolve the disputes and to
reduce their pressure. In case of arbitration there is involved the pre agreements which must
be in writing.
Mediation: The mediation is also considered to be a procedure which is used in by the
parties to solve the disputes by maintaining the effective relationships. It is considered to be
an arrangement which is considered to be private in nature and where the differences or the
disputes are settled in by the parties by involving an effective settlement (Munk, 2016).
Conciliation: In case of conciliation the disputes herein are solved by the parties which are
related to the employment. It is involved only when the individual is already approached the
employment tribunal or is authorised under the proceedings of such act. In case of the
conciliation there is no requirements related to the pre-agreements.
Adjudication: It is a concept in which the decisions involved and the confidentiality is of the
private nature unless its proceedings are enforced by the court system. The proceedings
involved are less formal in nature then involved in the case of arbitration.
Benefits of ADR:
18
advice
a) (P6)
Alternative Dispute Resolution procedure is a procedure which helps in the resolution of the
disputes which are involved among the parties. The techniques which are used under this are
arbitration, mediation, conciliation, etc. These methods are such which are preferred over the
others.
Kinds of ADR:
Arbitration: The importance and the needs associated with the arbitration are increasing day
by the day in which the decision making is involved by the person called as an arbitrator. In
this form, the decisions which are formulated in by the parties are called as an award and
which is legally binding on the parties. This helps in the parties to resolve the disputes and to
reduce their pressure. In case of arbitration there is involved the pre agreements which must
be in writing.
Mediation: The mediation is also considered to be a procedure which is used in by the
parties to solve the disputes by maintaining the effective relationships. It is considered to be
an arrangement which is considered to be private in nature and where the differences or the
disputes are settled in by the parties by involving an effective settlement (Munk, 2016).
Conciliation: In case of conciliation the disputes herein are solved by the parties which are
related to the employment. It is involved only when the individual is already approached the
employment tribunal or is authorised under the proceedings of such act. In case of the
conciliation there is no requirements related to the pre-agreements.
Adjudication: It is a concept in which the decisions involved and the confidentiality is of the
private nature unless its proceedings are enforced by the court system. The proceedings
involved are less formal in nature then involved in the case of arbitration.
Benefits of ADR:
18
There are several benefits which are associated with the procedure of ADR. These procedures
are termed as a cost-effective approach as this process does not involve the costs related to
the lawyers or any litigation costs. The disputes are settled in by the parties so that it helps in
the solution of the differences (Bell, 2011).
19
are termed as a cost-effective approach as this process does not involve the costs related to
the lawyers or any litigation costs. The disputes are settled in by the parties so that it helps in
the solution of the differences (Bell, 2011).
19
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b)
The several approaches are available with the Antwon and Tyrell to solve the legal disputes
involved in among the parties. But the approach which is best suitable in the given situation
is the mediation. This approach is selected as a best as this helps in saving the relationships
among the parties. This also helps in the parties to gain the justice in minimal time frames
(Pyper, 2017). Mediation procedure is considered to be the best as this helps the parties in all
the matters and considerations.
20
The several approaches are available with the Antwon and Tyrell to solve the legal disputes
involved in among the parties. But the approach which is best suitable in the given situation
is the mediation. This approach is selected as a best as this helps in saving the relationships
among the parties. This also helps in the parties to gain the justice in minimal time frames
(Pyper, 2017). Mediation procedure is considered to be the best as this helps the parties in all
the matters and considerations.
20
M4
Conciliation: In the case of conciliation the conciliator appointed can be both the
professionals and the non-professionals. The award which is formulated in by the conciliator
is such which is enforceable under the ruling of Arbitration and Conciliation Act 1996
(Difference Between, 2012). In case of the conciliation there are made proposals related to
the settlements by the parties involved in the disputes.
Mediation: In the situation of mediation the matter is referred to the mediator centre than in
such case the trained mediator is appointed only. In this case when the disputes are settled in
then the referral judge can refer to the case (Bennett, 2012). In mediation the mediator would
not made certain proposals regarding the settlement.
21
Conciliation: In the case of conciliation the conciliator appointed can be both the
professionals and the non-professionals. The award which is formulated in by the conciliator
is such which is enforceable under the ruling of Arbitration and Conciliation Act 1996
(Difference Between, 2012). In case of the conciliation there are made proposals related to
the settlements by the parties involved in the disputes.
Mediation: In the situation of mediation the matter is referred to the mediator centre than in
such case the trained mediator is appointed only. In this case when the disputes are settled in
then the referral judge can refer to the case (Bennett, 2012). In mediation the mediator would
not made certain proposals regarding the settlement.
21
D2
The effective and the best solutions are used in by the parties by using the procedure of ADR.
These methods are such which is preferred over the other methods as this helps in the
development of flexibility in terms of the decisions. These solutions are effective as this also
helps in the parties to maintain the disputes. This also helps in the parties in the development
of the effective decisions and the understanding regarding the disputes involved and the best
possible approaches or the solutions (Pryor, 2017).
22
The effective and the best solutions are used in by the parties by using the procedure of ADR.
These methods are such which is preferred over the other methods as this helps in the
development of flexibility in terms of the decisions. These solutions are effective as this also
helps in the parties to maintain the disputes. This also helps in the parties in the development
of the effective decisions and the understanding regarding the disputes involved and the best
possible approaches or the solutions (Pryor, 2017).
22
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Conclusion
From the above report, it is determined that English legal system plays a critical role in
the development of justice. The sources of English legal system help to define the
various case laws in the UK and provide the judgments. The structure of English legal
system provides the remedy to the parties and helps them to decide the cases in the court.
Legislations, regulations provide the legal solutions to the parties according to their
cases. Methods of ADR are also discussed that provides the solution to the parties to
settle the dispute. These approaches used are also helpful in reduction of the burden of
the parties which helps in the development of the effective functioning.
23
From the above report, it is determined that English legal system plays a critical role in
the development of justice. The sources of English legal system help to define the
various case laws in the UK and provide the judgments. The structure of English legal
system provides the remedy to the parties and helps them to decide the cases in the court.
Legislations, regulations provide the legal solutions to the parties according to their
cases. Methods of ADR are also discussed that provides the solution to the parties to
settle the dispute. These approaches used are also helpful in reduction of the burden of
the parties which helps in the development of the effective functioning.
23
References
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480.
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Bell, M., 2011. Achieving the objectives of the part-time work Directive? Revisiting
the part-time workers regulations. Industrial Law Journal 2011.
Bennett, T., 2012.The Role of Mediation: A Critical Analysis of the Changing Nature
of Dispute Resolution in the Workplace. Industrial Law Journal, Volume 41, PP 479–
480.
Berkeley E. H., 2017. The responsibilityfor Environment, Health and Safety.
Available at:https://ehs.berkeley.edu/responsibility-environment-health-and-safety
[Accessed on: 31.01.2018]
Courts and tribunals Judiciary, 2018. Magistrates’ Court. Available at:
https://www.judiciary.gov.uk/you-and-the-judiciary/going-to-court/magistrates-
court/ [Accessed on: 31 January 2018].
Diffen, 2018. Common Law vs. Statutory Law. Available at:
https://www.diffen.com/difference/Common_Law_vs_Statutory_Law [Accessed
on: 31 January 2018].
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Available at: http://www.differencebetween.com/difference-between-conciliation-
and-vs-mediation/. [Accessed on: 31.01.2018]
Fair work ombudsman, 2016. Employers obligation for workers compensation.
Available at:www.fairwork.gov.au/about-us/news-and-media-releases/newsletter/
october-2016/employer-obligations-during-workers-compensation [Accessed on:
31.01.2018]
Garoup, N. & G ´omezLig ¨uerre, C., 2014. The syndrome of the efficiency of the
common law. Boston university international law journal.
Healthy Working Life, 2014, Health and Safety Legislation. Available at:
http://www.healthyworkinglives.com/advice/Legislation-and-policy/Workplace-
Health-and-Safety/health-safety-legislation [Accessed on: 31.01.2018]
Lawgovpol, 2015. WHAT IS LEGISLATION?. Available at:
http://lawgovpol.com/what-is-legislation/ [Accessed on: 31 January 2018].
24
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25
http://www.employmentlaws.co.uk/guide/dismissal.html. [Accessed on: 31.01.2018]
Munk, R., 2016. Alternative dispute resolution. CER Comparative European
Research 2016, pp. 58.
Pryor, W., 2017. Alternative Dispute Resolution. SMU Annual Texas Survey, Vol. 3,
No. 1, pp. 3.
Pyper, D., 2017. Trade union legislation 1979-2010. Commons Library Briefing 26
January 2017.
Slapper, G. and Kelly, D., 2013. The English Legal System: 2012-2013. Routledge
25
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