English Law and Employment Rights

The assignment details provided cover various topics related to English law and employment rights. It includes information on unfair dismissal, reneging on settlement, and employer responsibilities. The document also discusses workplace bullying, health and safety at work, and the jurisdiction of choice in England and Wales. Additionally, it provides definitions of business law, alternative dispute resolution, and a meta title for publishing on Desklib.

Business Law

Contents
Introduction......................................................................................................................................2
Section 1: Nature of the Legal System.........................................................................................2
P1 Structure of the English Legal System & Sources of Laws to Comply with.............................2
P2 The Government’s role in Making of Law & Application of Statutory and Common Law in
the Justice Court..............................................................................................................................4
M1 Evaluation of the Effective Legal Systems for Recent Developments.....................................5
D1 Critical Evaluation of English Law & Legal System................................................................6
Section 2: Impact of Law on Business Firms..............................................................................7
P3 Employer’s Legal Obligations....................................................................................................7
Impact of Employment & Contract Law on the Business...............................................................8
M2 Potential Impact of Regulations & Standards in Business........................................................9
Section 3: Legal Solutions regarding Business Problems........................................................10
P4 Proper Legal Solutions.............................................................................................................10
P5 Justification of the Solution......................................................................................................11
M3 Positive & Negative Impacts of the Solutions........................................................................12
D2 Critical Review of the Appropriate Solutions with the Alternatives.......................................13
Section 4: Recommendation using Alternative Advice............................................................13
P6 Concept of ADR Process &its Advantages..............................................................................13
P7 Alternative Solution to a Problem............................................................................................14
M4 Comparison of the Effectiveness between Two Legal Recommendation..............................15
D2 Evaluation of the Appropriate Solutions with the Alternative Solution..................................15
Conclusion.....................................................................................................................................16
Bibliography..................................................................................................................................17
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Introduction
Business firms always have to follow the rules, regulations, laws and torts provided by the
authorities locally as well as internationally. There are regulatory bodies in local as well as
international arena. So when a business is established it is established according to law and
regulations of the country. Moreover, when it is needed to be dissolved it will also need to go
through the proper regulatory steps. That is why the business firms have to follow the legal
environment as well as legal aspects of the initiation to the end of the business life. According to
business laws are the codes of conduct for the running of a particular business in any business
environment (Dugger, 2015). So the business law is one of the most important factors for
running a business properly.
Section 1: Nature of the Legal System
P1 Structure of the English Legal System & Sources of Laws to Comply with
The legal system of the UK has been developing for more than one thousand years. The structure
of the UK legal system and the sources of law to comply with are described below: -
Fig: Legal Structure in the UK
Source: Duke.com, 2017
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For criminal cases the starting of the cases will be from the magistrate’s court. When the matter
is serious enough it will go to the crown court. If an appeal occurs the case will go to the high
court. Sometimes these cases go to the Supreme Court. In the case of civil case the cases deal
with the county court and by the magistrates.
There is a tribunal system by which the cases are dealt with in the UK. These tribunals have
separate structure. The tribunals can generate the appeals and it can go to the employment
tribunals or to the upper tribunals. The system of the tribunals covers the area of the United
Kingdom. The main purpose of the English Court structure is to settle the disputes among the
disputing parties in affair and simple way (Smith, 2013).
Sources of Law: There are several sources of laws in the United Kingdom. They are: -
1. Primary Source: The primary sources of law comes in these forms: -
 Case Law: The case law is referred as the past outcome of the rulings made by
judge as well as the tribunal. The case law is known as precedence. This is one of
the primary sources of law.
 Legislation: The legislation is enacted by the tribunals. The laws which are made
collectively in the tribunal is one of the major primary sources of law.
 European Law: The ruling system applied for the countries in the European
Union. These countries follow the European Law which is the major primary
source of law.
2. Secondary Source: The secondary sources of law are the commentaries of the law. The
secondary sources are: -
 Legal Encyclopedias: The legal encyclopedia refers to the set of comprehensive
legal articles on several legal topics.
 Documents: There are several parliamentary as well as the non-parliamentary
documents which can be used as the secondary sources of law.
 Journals & Text Books: In the journals and textbooks related to law there are
discussions and interpretations regarding the laws and regulations. These can be
used as the secondary sources of law.
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P2 Government’s role in Making of Law &Application of Statutory and Common
Law in the Justice Court
The UK government functions an important role in the UK in order to make laws and apply the
statutory law as well as the common law in the justice court.
Most of the laws are passed by the UK government, which is the result of the proposal from the
government. In order to address or shape a particular problem a law I proposed to be passed in
the UK. The legal system in the UK is usually judge made where the judges call the law as the
common law. The laws are being reformed by the government in the UK and the parliament
from the seventeenth century. The judge decides whether any case is binding from the previous
case and whether the case is distinguishable or not in the justice court (UK Law Online, 2009).
In making of laws the government plays an important role and in different stages of the passage
of bill through the parliament to the House of Lords & the Queen for Royal Assent.
 Bill Starting in the House of Commons: The bill is the proposal for the new law.
Before the authorization of the laws the House of Commons generally organizes debates
for the laws. It is the starting point of the bill in the House of Commons.
 First Reading (Commons): In the first reading the first stage to passage the bill is
conducted in the House of Commons. At any time in the parliamentary session the first
reading (commons) can take place. It is usually a formality because it takes place without
a debate.
 Second Reading (Commons): In the second reading the members of parliament can
have opportunities to debate on the main issues of the bill.
 Committee Stage (Commons): In the committee stage the bill is read line by line and
word by word in order to make the first amendment of the bill.
 Report Stage (Commons): In order to make further amendments the report stage gives
opportunities to the members of parliament.
 First Reading (Lords): In the House of Lords it the first stage of the passage of the bill.
 Second Reading (Lords): The members in the House of Lords can have the chances to
debate on the bill.
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Fig: Stages of Law Making in UK
Source: UK Parliament.com, 2017
 Committee Stage (Lords): Every clause in the bill is gone through here line by line in
this stage by the lords.
 Report Stage (Lords): The members of Lords get the further opportunity to make any
kind of further amendments in the bill.
 Royal Assent: If both houses pass the bill then the Royal Assent gives the approval to
pass the law.
That is why the government of the United Kingdom is always playing the vital role in lawmaking
and applies the statutory law as well as the common law in the justice court.
M1 Evaluation of the Effective Legal Systems for Recent Developments
Over the last fifteen years several changes occurred in the context of the legal system of the
United Kingdom (Partington, 2016). The efficiency of the legal system of the UK in terms of
recent reforms and development is described here: -
Ministry of justice has been created which was not there before. The ministry of justice has
replaced the department of the constitutional affairs. The justice ministry has transferred the
responsibilities regarding the offenders from the home office in the UK.
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In 2009 the Supreme Court was created which replaced the judicial functions of the house of the
lords. In 2009 the sentencing council was also established which always give counsel on the
issues related to the sentencing.
In 1965 the law commission was created in the United Kingdom. It works as a statutory body
which is independent (Law Commission, 2017). The role of the law commission is to make the
law fair and simple. It is also the role of the law commission to make the law cost effective for
everyone. The Ministry of Justice sponsors the law commission in the United Kingdom.
These are some of the examples through which it can be said that the evolution in the UK legal
system has brought about effectiveness in the legal system.
D1 Critical Evaluation of English Law & Legal System
An effective legal system is always required when the country requires the prudent ruling.
Everybody in any country should have equal access to the legal system regardless of any
discrimination. In the United Kingdom there is equal opportunity for everyone regarding the
legal system.
Though there is evolution in recent years in the UK legal system more changes as well as
reforms are needed. The UK legal system has seen the Supreme Court and the ministry of justice
from the recent reforms. The access to justice is yet to be improved. More investment is required
in the context of the information as well as the communication technology in the context of the
UK legal system. So there is more scope of improvement regarding the application of laws in the
legal system in the UK.
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Section 2: Impact of Law on Business Firms
P3 Employer’s Legal Obligations
The employer has several obligations in the working environment to the workers. Some of them
are discussed below: -
A. Health & Safety (Occupational): The employer has always obligations to the
employees about the health as well as safety issues of the employees as well as workers.
It is the duty of the employee to ensure the sound health and the safety of the employees
at the working environment. The employer must ensure that the employees are protected
from any kind of harmful substance that may cause harm to the workers (HSE, 2016).
That is why the employees must consult about these issues directly or through the safety
representative. The employees will also get free legal advice regarding the health and
safety issues. It is the duty of the employer to protect the health, safety and the welfare of
the employees. The business firms also need to assess the risks of the workplace before
starting the operation. Moreover, the trade unions can play a vital role in this regard.
B. Workers Compensation: The employer has always obligations to the employees about
the compensation, salary as well as benefits of the employees as well as workers. All the
workers are entitled to have a written payment statement. The national minimum wage as
well as the national living wage is needed to be paid by the employer to the workers I the
organization (ACAS, 2015). There are several criteria for the workers’ compensation.
They are: -
 National Minimum Wage: The national minimum wage refers to the minimum
hourly pay which is entitled for the workers according to the law. The age of the
workers and whether they are apprentice or not are the factors behind the
application of the national minimum wage.
 National Living Wage: In April 1, 2016 the national living wage of the UK
government was introduced. For all the working people aged over 25 the national
living wage is currently set at the 7.50 pound per hour. For all the working people
aged fewer than 25 the national living wage is also applicable. The rates of pay
came into force at October 1, 2016. The rates of pay are: -
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Age Pay Rate (in pound)
25 and over 7.50
21-24 7.05
18-20 5.60
16-17 4.05
Apprentice under 19 or 19 or over who are in
the first year of apprenticeship
3.50
C. Harassment: Harassment is generally means the way of behavior which makes others
feel intimidated or distressed. Harassment can occur through abusive comments, sexual
jokes, graffiti or any insulting gestures. Under the Equality Act 2010 harassment is a
form of workplace discrimination. The employer always has to look for the workers and
the employees in the workplace and must ensure that no harassment can occur to them.
Under the equality act of 2010 any kind of thing that makes bullying, offending or
intimidating the employees is called the harassment (Gov.UK, 2014). If there is any
harassment regarding sex, age or race, the employer must use the informal way first to
settle the issue. If not, the employee must use the grievance procedure to settle this.
D. Equal Opportunities: In the organization the equal opportunities show the idea that
every employee in the organization must be entitled as well as must have access to all the
facilities of the firm at every phase of the employment which also includes the pre-
employment stage. So every employee must have-
 An equal opportunity to apply as well as get selected for any post in the pre-
employment stage
 In the employment stage the equal chance to get training with the other employees
 An equal scope of getting fair as well as equal termination
 An equal chance to avoid any kind of discrimination in the workplace which is
prohibited according to the Equality Act 2010.
Impact of Employment & Contract Law on the Business
In this case the ice making machine was leaked and it was responsible for the injury of the 16-
year-old girl at the fast food store. As it was the responsibility of the team leader and the
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employer to monitor the workplace safety, it is evident that they did not conduct their
responsibilities properly. That is why the injury occurred. The girl can go to the union
representative or file the grievance procedure to claim the compensation from the fast food store
employer for her injury. According to the ‘EH Humphries (Norton) Ltd. Thistle Hotels PLC vs.
Fire Alarm Fabrication Services Ltd. [2006] EWCA CIV 1496 (10 November 2006)’ the
obligation of the injury will go to the supervisor who had to ensure the workplace safety by
monitoring the working environment (Court Cases, 2013). So the employment as well as the
contract law will have much impact of this safety issue related cases on the fast food store.
The Environmental Health Officer can investigate the food store. It is the duty and obligation of
the health officer to ensure the protection of public health (Sanders, 2017). So the Environmental
Health Officer has a role to play in the investigation of the food store. The local authority can
also prosecute the food store or the company. In the United Kingdom the local authorities have
law enforcement activity where they can prosecute any company for not maintaining the food
standards or the quality standards.
M2 Potential Impact of Regulations & Standards in Business
In this scenario about the workplace safety the implications can be different according to
legislation and standards in the business. The impact of these legal factors like regulations as
well as standards is immense in the business. But the impact of the regulations and standards can
be positive or negative.
Health & Safety Act 1974: According to the Health & Safety Act 1974 the occupational safety
as well as the occupational health must be ensured for each of the employees. In United
Kingdom the executives are responsible for enforcing the Health & Safety Act 1974 for ensuring
the implementation of acts and standards (HSE, 2017). Now this act can bring positive as well as
negative impact. The impacts are: -
 If the regulation as well as legislation is being followed the supervisor who is guilty of
not monitoring the safety of the workplace and the owner will be bound to compensate
the amount charged by the court for the accident. The impact on the business will be
severe if these are followed. So the HSWA Act 1974 can be negative for the owners.
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 The HSWA Act 1974 enforces the authorities to ensure the safety as well as the health of
the employees. That is why the Act facilitates the minimum safety of the workers. So this
HSWA Act 1974brings the positive effect on the employees of the organizations.
Equality Act 2010: According to the Equality Act 2010 the equal opportunities of the very
single employee must be ensured. But this can affect the business and the stakeholders either
positively or negatively. The impacts are: -
 The manager of the business firm will not discriminate to any employee for the
implementation of the Equality Act 2010. So the Equality Act 2010 brings the positive
impact to the employees and workers.
 The managers have to take initiatives in order to notify the employees about their rights.
It requires training programs. So it can incur more cost for this Act.
It is evident that age discrimination is sometimes allowed in between the legitimate aims in the
Equality Act. So modification is needed to ensure the eradication of age discrimination.
Section 3: Legal Solutions regarding Business Problems
P4 Proper Legal Solutions
1. Rights under Wrongful& Unfair Dismissal: In this case or scenario Calvin was not
caught as a thief. Yet his employer suspected him for theft and sacked him. Although
there were other workers or employees in the fashion designing firm only Calvin was
suspected and labeled as a thief. Under the act of Employment Rights Act 1996 the unfair
dismissal can occur when the employer of the firm terminates the contract of employment
with or without any notice (Ombudsman, 2017). As the firing of Calvin was not proper it
is an unfair dismissal as there is no proper justification for the dismissal. As this is a
breach of the employee contract it is also a wrongful termination. Calvin should try using
a neutral evaluator to settle this issue with his employer Donna. If Calvin is a member of
trade union he can communicate this issue to the union representative. If this cannot be
solved in this manner Calvin can go to the employment tribunal to settle his issue within
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the three months of being sacked. An example of the unfair and the wrongful dismissal
was the case of ‘Portsmouth Hospitals NHS Trust v Corbin’ (Corbin v Portsmouth
Hospitals NHS Trust, 2011) In that case Corbin was sacked for the reason of disclosing
patient information (Munro, 2014). After the appeal it was found that the manager
breached the policies regarding patient information and the claimant was not fully guilty.
So after the reconsideration judgment it was stated that Corbin was wrongfully dismissed.
2. Advising regarding Substantial Damage: In this case or scenario Kevin’s father did not
get the payment of his substantial damage because of the small unintentional wrong
answer in the claim to the insurance company. As there is substantial damage to Kevin’s
father will get his claim from the insurance company. The law stated that any kind of
ambiguity in the policy of insurance must go in favor of the client and must go against
the insurance company (Bourhis, 2016). Kevin’s father should try using a neutral
evaluator to settle this issue with the insurance company. If this cannot be done in this
way Kevin’s father has to go to the tribunal where the trial will be held to settle the
matter between him and the insurance company. An example of the substantial damage
was ‘Hadley vs Baxendale [2007]’ (BPL, 2016). It is a case in UK. In this case, an
incident of firing on a property occurred. The accident caused severe damages through
smoke. The seller refused to pay the claim as there was no claim before the accident. But
actually the buyer claimed it before. At the end the tribunal settled the issue where the
buyer retained the claim and the seller had to make the deposit. The settlement showed
that the loss was recoverable for the substantial damage.
P5 Justification of the Solution
In both cases of Calvin and Kevin’s father the appropriate solution is to use the ADR process. In
order to meet those problems regarding the wrongful termination, unfair termination as well as
the substantial damage claim refusal the ADR process can be followed. The arbitration process
regarding the alternative dispute resolution process is the most appropriate legal solution here.
The justification of the alternative dispute resolution process, or the arbitration in these cases is
described below: -
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1. Less Formal Approach: In order to avoid more formal approach to settle these above
issues the parties like Kevin’s father or Calvin can go to the arbitrator or neutral evaluator
to settle the issues among the relevant parties.
2. Less Expensive: The arbitration or mediation or the alternative dispute resolution
process will be the least expensive process for Kevin’s father or Calvin to find an
appropriate solution in this regard of their claim. For these reasons this solution is very
much justifiable for both the parties in both cases.
M3 Positive & Negative Impacts of the Solutions
As there are opportunities to use the alternative dispute resolution process in both cases of
Kevin’s father and Calvin regarding the wrongful termination, unfair termination as well as the
substantial damage claim refusal there are some positive as well as negative effects also. These
are: -
 Positive Impact: The positive impacts of using the legal solutions are: -
1. Little Need of Sustaining Relationship: In order to avoid more formal approach to settle
these above issues the parties like Kevin’s father or Calvin can go to the arbitrator or
neutral evaluator to settle the issues among the relevant parties. Moreover, there is no
urgency to keep the relationship between the parties. So the alternative dispute resolution
process will be very effective for them.
2. Less Expensive: The arbitration or mediation or the alternative dispute resolution process
will be the least expensive process for Kevin’s father or Calvin to find an appropriate
solution in this regard of their claim. For these reasons this solution is very much
justifiable for both the parties in both cases.
 Negative Impact: The negative impacts of using the legal solutions are: -
1. Low Claim: In the tribunal the claim may be bigger for either Kevin’s father or Calvin. If
this issue is settled by a mediator or neutral party, the settlement amount may be
minimized or cut down.
2. Nepotism: The nepotism can go against Kevin’s father or Calvin if there is any nepotism
arises from the evaluator or the arbitrator. These may bring the negative impacts on the
victim or claiming parties.
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D2 Critical Review of the Appropriate Solutions with the Alternatives
In both cases of Kevin’s father and Calvin regarding the wrongful termination, unfair termination
as well as the substantial damage claim refusal the alternative dispute resolution process can be
used. Both Kevin’s father and Calvin can go to the tribunal for starting the trial.
In order to avoid more formal approach to settle these above issues the parties like Kevin’s father
or Calvin can go to the arbitrator or neutral evaluator to settle the issues between the relevant
parties. The alternative dispute resolution process will be the least expensive process for Kevin’s
father or Calvin to find an appropriate solution. On the other hand, the trial at the tribunal will be
more expensive for both Kevin’s father and Calvin. The trial will be more formal as well as more
time consuming approach for both Kevin’s father and Calvin.
Section 4: Recommendation using Alternative Advice
P6 Concept of ADR Process &its Advantages
ADR: When two parties try to settle the problems regarding business problem without having
any trial, the process is called the alternative dispute resolution process or ADR process. An
alternative dispute resolution is a process which is less formal, less expensive and less time
consuming in comparison with that of a trial. There are several types of process regarding the
alternative dispute resolution process. Among them settlement conferences, mediation,
arbitration as well as neutral evaluation are very renowned (California Courts, 2016).
Advantages of the ADR Process: There are several advantages for the ADR process. They are:
 In the ADR process the payment regarding the court fees can be avoided.
 In ADR the parties can avoid the process of going to court. So there is less complexity in
ADR than going to court.
 Through the ADR process the parties still can get the compensation which is also
achievable in the court.
 The ADR is more cost effective system than the litigation process.
 If both parties want to settle the issue very quickly the ADR can be the proper process. In
ADR most cases see the settlement in one or two days.
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 ADR is an independent process. There will be an expert mediator who will know all the
related issues and s/he will read all the relevant literatures before settling the issue. The
mediator will not take any side rather s/he will help the parties to settle the issue
mutually.
 Both parties will have their control in the process fully.
 The litigation process in court system is more stressful as well as time consuming.
These are the advantages of the ADR system which will provoke Antown and Tyrell to use the
ADR system in order to settle their problems.
P7 Alternative Solution to a Problem
In this scenario Antwon and Tyrell have disputes over their business of computer software. The
dispute has arisen from the market prediction aspect. However, both Antwon and Tyrell want to
settle their issues, keep their relationship and go on with their business relationship for further
future business deals properly. That is why they are seeking a solution. There can be several
alternative solutions to their problems. The alternative solutions of the legal problems of Antwon
and Tyrell are specified below: -
a) The Trial: Both Antwon and Tyrell can go to the trial system to resolve their disputes.
The dispute will be settled by the judge in the court. This will be a very formal procedure.
b) Arbitration:Arbitration can be another option for coming to a solution of any kind of
problem. The arbitration is a process where there is an independent third party who will
consider all the facts and takes a decision that can bind at least one or both the parties
having problems.
c) Mediation:Mediationis also an alternative solution to the problem. In Mediation a totally
independent third party tries to help the parties who have dispute and the third party helps
to generate an outcome which is mutually acceptable for both the disputing individuals.
The mediator generally focuses on problem more and tries to solve the problem.
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M4 Comparison of the Effectiveness between Two Legal Recommendation
For the business related problem of Antwon and Tyrell the mediation and arbitration are the most
appropriate legal solutions. The effectiveness of both the alternative solutions is compared
below: -
Effectiveness of Arbitration: When the problem is more complex and there is a need for a
trained or expert professional to settle the issue the arbitration will be very effective. According
to Martin (2017) the arbitration process is the system where there is a third party for considering
all the facts and that party can take the decision that can frequently bind one or may be both the
parties (Martin, 2017). So in arbitration the involvement of the third party affects the
effectiveness of the system.
Effectiveness of Mediation: When the problem is not that much complex and emotional things
may come in front of the judgment the settlement process can be done through the
implementation of the mediation process. Through the mediation process the problem can be
mutually settled. For the purpose of future business activities Tyrell and Anton want to maintain
the business relations. So the mediation process will be very effective in this scenario or case of
Antwon and Tyrell.
D2 Evaluation of the Appropriate Solutions with the Alternative Solution
There can be several alternatives for making solution to the problems of Tyrell and Anton. The
critical evaluation of the alternative solutions of their problems is described here below: -
1. Process of Mediation: In this case of Antwon and Tyrell the appropriate legal solution is the
mediation process.
 Relationship: The advantage of the mediation process is that both Antwon and Tyrell
can keep their good business relationship aside from the business related problem. This is
a collaborative approach.
 Settlement: As there is a scope that emotional things may come up and the mediator is
enough to handle as well as settle the problem between Antwon and Tyrell mutually.
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As both opinions show the advantages for both Tyrell and Anton,that is why the mediation
process is the best solution of this issue.
2. Process of Arbitration: In the arbitration process a third party has involvement and s/he takes
the decision which can bind both the parties. Here Tyrell as well as Anton can use the arbitration
process also.
 Complexity: The more complex issue is generally settled by the impartial judge in the
process of the arbitration. The settlement can be binding or non-binding here in
arbitration for them.
 Appropriateness: But for Anton and Tyrell it is important to keep the business
relationship aside this problem. That is why the arbitration will not be more appropriate
solution than the mediation process.
From the evaluation we can say that the mediation process is important to consider for Anton &
Tyrell.
Conclusion
The legal environment is the most important macro environmental factor for any kind of business
organization. The business firm must consider its entire obligation towards the workers and the
other stakeholders. Otherwise the firm may go to the court or the tribunals for settling any issue.
Besides, there is an alternative dispute resolution process which may be followed as a less formal
approach.
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