Business Law: Research and Analysis

This assignment requires in-depth research and analysis of specified business law topics. Students must examine provided legal cases, research papers, and scholarly works to understand complex legal concepts. The focus is on critically evaluating the materials and demonstrating comprehension of key legal principles and their applications within the business context.

BUSINESS LAW

Table of Contents
INTRODUCTION...........................................................................................................................1
SECTION 1......................................................................................................................................1
P1 Structure of English legal system. Different law sources that organisation must ............1
P2 Role of government in law making. Application of statutory and common law in the
justice court............................................................................................................................2
SECTION 2......................................................................................................................................3
P3 a) Employees legal obligation in relation to :..................................................................3
b) Potential impact of employment law and contract law on the business from the scenario.3
SECTION 3......................................................................................................................................4
P4 appropriate legal solution for the above business plans....................................................4
P5 justification of the solution relevant to the statute used in the case..................................5
SECTION 4......................................................................................................................................6
a) concepts and benefits of alternative dispute resolution process.........................................6
Benefits of alternative dispute resolution process :................................................................6
b) Alternative legal solutions in the business problems.........................................................6
CONCLUSION ...............................................................................................................................7
REFERENCES ...............................................................................................................................8

INTRODUCTION
A system of regulations and rules that is used to control a society to maintain social
order, justice and prevent an individual and property from harm is defined as law (Allen and
et.al., 2016). Law is an important part to control the society or country with rules and
regulations. A body of law used to govern or to control the commerce and business to solve the
issues of both public and private law. In the assignment the nature and the structure of the
English legal system is discussed. The employee rights and health and safety has been explained.
Some legal problems of the business and the ways for the solution is explained. The alternative
dispute resolution process is been discussed to highlight the concept and the benefits in the
organisation.
SECTION 1
P1 Structure of English legal system. Different law sources that organisation must .
The rules and regulation in England and Wales, to control criminal and civil activities by
a certain law is English legal system. The English court has the hierarchical structure in which
the decisions are taken in higher court. It is permanent on a court below, it also refers to the Latin
form let the decision stand, which is central to English legal system (André, R., 2015).
Sources of law in an organisation :
I
llustration 1: English legal system

Legislation : The law which is enacted by the government to control and in process
making. It is proposed by the members of the legislature. Every organisation has different rules
and regulations which differentiate it from the other organisation.
Common law : The rules and regulations in England and Wales follows the same laws, so
the decisions of the senior appellate courts become the part of the law.
Statutory law : This law is created by the legislative action by passing the essential
statutes. The law sets down by the government to control the organisation's working and the
policies (Bartlett and et.al., 2016).
Regulatory law : The law enacted by an executive branch to distribute the responsibilities
in the legislation. The law that governs conduct of administrative agencies and the judicial
review of the organisation.
P2 Role of government in law making. Application of statutory and common law in the justice
court.
The several stages for law making in UK :
Bill : The first draft made by the civil on the instruction of the government. The details of
the proposed law is discussed under this. It includes the three types of bills in it :
 Public bill : This bill affects the whole country or the larger portion of the nation. It is
prepared by the cabinet. It has the right to change the laws in the country which preceded
by the green papers.
 Private members bill : these bills becomes acts as they are prepared by the backbench
MP. They must follow the process of entering into the ballot to win this right (Bebchuk
and et.al., 2014). Private bill : these type of bills are generally proposed by the local authorities, public
corporation or on the large public companies.
First Reading : The title of the bill and what does the bill include in it is discussed in the
house of common. Only the discussion part takes place no actions are taken in this stage.
Second Reading : the details of the bill is implied. A debate is done on the details of the
bill for the further process or action to taken.

Stage Of Committee : The committee for detailed examination is set to know the issues
and improvement in bills to made.
Stage Of Report : The committee discusses about the details of the bill and the further
actions are taken to improve the bill by adding or subtracting the laws proposed in the bill so to
be introduced in the house.
Third Reading : The bill is presented in the house. A debate is done on the details of the
bill and then the voting is done to accept or reject the bill (Blair and et.al., 2015).
House Of Lords : After the process of voting the bill is sent to the house of lord where the
amendments are made and then are sent back to the house of common to consider the
improvement made.
Royal Ascent : When the houses agrees with the content of the bill, it is passed to the
Queen and the act is amended as law.
SECTION 2
P3 a) Employees legal obligation in relation to :
Occupational Health And Safety : Employees have the legal rights and responsibilities in
an organisation for their health and safety. Employees has the right to ask for safety and security
of their health. The organisation should conduct proper health check ups of their employees.
Workers Compensation : It is a form of insurance in which wages are provided on the
replacement and the medical benefits are given to the employees by the organisation. If the
employee is injured during working in the organisation, he has the right to ask for the
compensation to the company and has right to sue if not given.
Harassment : The employee should take strict actions against the harassment. The proper
investigation should be done to stop the harassment. Investigation about the complaints even
when the employee wants to keep his or her name confidential. The proper action should be
taken against the guilty to stop the harassment (Cameron, P., 2017). The employer has the legal
rights to stop the harassment in the organisation, even if the employee has not complaint about it.
Equal Opportunities : There should not be any inequality between sex, colour, culture etc
at the workplace. Discrimination is unlawful in any organisation and the employees should be
aware about his rights. It is unlawful to discriminate a person or worker on the basis of their age,
caste, culture, etc. employee should be aware of his rights to take a valid action when needed.

b) Potential impact of employment law and contract law on the business from the scenario.
A contract law is an agreement between two or more parties to work together as per the
condition in the contract. As per the contract the business is facing loss because of lack of the
staff and now it has to spend money on the girl employed their. The impact of the accident was
adverse on the business as it was facing the loss of money and lessen the employment. The team
leader was not supportive and was still working after the incident happened rather helping the
girl. It was the duty of the team leader to help the girl financially after the incident took place.
According to the contract act girl should receive compensation after the accident to get a better
recovery and some help (Cheeseman and et.al., 2014). Occupation health and safety act will be
regulation will provide the employee's security and health check ups regularly. The girl is liable
to get the treatment or health benefit by claiming the organisation for she was working for.
Hence, these acts affects the organisation in its operational activities as every business is liable
to give safety of every workers who work in their organisation.
SECTION 3
P4 appropriate legal solution for the above business plans.
Case 1
Calvin works for the large fashion house form 4 years. His owner Donna has arrived from
the work on the Monday morning. He finds Calvin little suspicious and checks his petty cash box
in which he found £100 money missing. He went into his room and dismissed Calvin without
any prior notice which was not correct. Donna should have called Calvin and clarified the
situation, after that he could take the possible action. Calvin has the right to ask Mr. Donna who
is his boss about uninformed termination.
The law of employment gives the chance to the employee to speak in defence of himself
or to admit the mistake. But here Mr. Donna did not give any chance to Calvin to provide any
justification for what he was terminated (Coffee Jr and et.al., 2015). Mr. Donna did not have any
evidence against Calvin, he terminated him on the bases of doubt. According to the law without
appropriate or any evidence the employee cannot be terminated. There should be a prior notice to
the employee for any such action against him. If the evidence are against the employee than he is
liable to pay as compensation or to be terminated.
Case 2

Kevin's father Mr. dan who was the owner of a convenience store has faced a fire
accident in which his shop was destroyed. He thought to open a new shop at a new location with
insurance and has claimed the insurance for the previous one. Mr. dan was unaware about the
details he filled in the insurance form. He signed the insurance form without reading the terms
and condition carefully so now was facing issues in receiving the claim from the company. The
mistake was from both side Mr. dan who has not read the form before filling the details and the
insurance company who did not made him understand the details to be filled in the form.
When a person takes any policy it is the duty of both the person and the insurer to read
the form carefully before filling the details in it (Gillers, S., 2014). The insurer should make it
clear to the person about the period of claim can be availed. There is no hidden information
between the person and the insurer as both of them signs at the declaration form in the end of the
form filling. On the other hand, if Mr. dan found guilty by proving wrong or foul information to
the insurance company, he would be liable to pay a compensation to the company.
P5 justification of the solution relevant to the statute used in the case.
Unfair dismissal is complex situation and not acceptable in law. If employer is
terminating any employee without explaining then situation properly then individual has right to
take action immediately. If there is situation of wrong termination as it was in the above case
then worker can file claim against the employer who is involved in the illegal activity. As per
the given scenario Calvin was working in the organization since longer period (Kapottos and
et.al., 2015). It shows that he was loyal towards the firm. But owner has terminated him without
having any evidence. Employment law stats that employer is required to give one month notice
to its employees before terminating them from the organization. In addition, owner has to give
proper justification for their action.
Calvin was performing his duties well and management was not having any complain
with him regarding his performance. That shows that he was good for the company. In the case,
owner has dismissed him without giving him notice and owner was not having proper evidence
against the Calvin thus, action of employer was wrong and it is breach of law. Thus, Calvin has
right to claim against the owner of fast food company.
According to Dan case, insurance company has refused to pass his claim. It is essential
for the insurance company that to disclose all matters related to the insurance policy. Both

insurer and insure have to disclose their true details with each other. If any party is hiding any
fact then it is considered as breach of law (Lieberman and et.al., 2016). In the case Mr. Dan has
disclosed the act that he has not taken any fire insurance claim. On other hand he was not having
knowledge for time duration of claim that is why he has said that he has not taken any claim.
That is why decision of insurance company is right. On other hand it is also the responsibility of
insurance company that to clear all information so that no misunderstanding take place. It is the
case of confusion. Thus, both parties are responsible for the same.
SECTION 4
a) concepts and benefits of alternative dispute resolution process
Concepts of alternative dispute resolution process :
The variety of processes that helps the parties to resolve their disputes without trail. Alternative
dispute resolution process includes :
Meditation : The dynamic, structured and interactive process in which a third party
assists in disputing parties in resolving the conflict between through good or effective
communication skills.
Arbitration : When a person hears an argument with the evidence from one side and decides to
make decisions. It less formal than a trial and is based on the evidence.
Neutral : A neutral person hears the discussion with the expertise in the subject to have a
good argument to review the strengths and weakness of both the parties (Posner, R.A., 2014).
Collaborative law : Collaborative law for the family gives the easy way to end their
marriage respectfully, without going in court. This law offers them support, guidance and
protection of their own. This motivates everyone working in the case to mutually solve the case.
Benefits of alternative dispute resolution process :
Saves a lot of time and money : the resolution of the problem in week or month helps the
court to hear other matters which saves the time of the court as well as the parties and the money.
Helps to put the parties in control : There is no need to go to court which give the
opportunities to solve the matters by mutual understanding.

Focus on issues : The disputes distracts the parties from fulfilling their goals. The parties
should focus on their rights and obligations instead of disputes.
Preserve relationships : The help from people creates good relationship in the party.
Parties should cooperate rather choosing one winner or looser.
Gives a good result : Good relations helps to work faster and stress free. Healthy
environment helps to reduce cost and time (Scholes, M.S., 2015).
b) Alternative legal solutions in the business problems.
Antwon was the owner in a computer software company in which Tyrell was his
employee. They both were having dispute with each other due to some misunderstanding and
unsatisfactory work. The dispute has lead to lose of time and money so both of them wish to
keep their working relationship healthy as they both knew it was mutually beneficial. They
agreed to resolve their conflict and move to their other businesses. Both the parties can use
meditation and arbitration methods to resolve their problems (Tarr, J.A., 2017).
Moreover, Antwon and Tyrell can use negotiation techniques to lessen the conflicts. This
negotiation process helps to disclose the demands of both the parties and they could find out the
easy solution to get benefits. It will also help in making and maintaining a healthy relationship
which will be beneficial for them as well as the other employees to work in the organisation.
CONCLUSION
From the above assignment, it is concluded that the rules and regulations in UK are
made and followed efficiently by the parties. The judicial activities in UK is been discussed to
save the time, cost and money of the organisation. The structure of the English legal system is
discussed and the employee morality, health and safety has been explained. The alternative
dispute resolution process is highlighted to know concept and the benefits in the organisation.
The case of 16 year old girl employs is been discussed to highlight the health and safety problem
of the employee's in the organisation. The case of Calvin in which his boss misunderstands him
and terminate him without any prior information. Another case of Kevin's father Mr. Dan is been
discussed to make him understand his rights to claim insurance.

REFERENCES
Books and Journals
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Chaney and et.al., 2013. Intercultural business communication. Pearson Higher Ed.
Cheeseman and et.al.,., 2014. Business law. Pearson.
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Disch, L., 2016. Representation. In The Oxford Handbook of Feminist Theory.
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Murray, J., 2014. Social Enterprise Innovation: Delaware's Public Benefit Corporation Law.
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Scholes, M.S., 2015. Taxes and business strategy. Prentice Hall.
Tarr, J.A., 2017. Marine insurance law reform in Australia–A following sea. Australian Business
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