Dispute Resolution in Employment Law

This assignment delves into the realm of dispute resolution within the framework of employment law. It examines various methods, particularly focusing on alternative dispute resolution (ADR) approaches such as mediation and negotiation. The provided resources encompass academic articles, legal texts, and online materials that shed light on the advantages, theoretical frameworks, and practical applications of ADR in resolving employment disputes.

Business Law

Table of Contents
INTRODUCTION...........................................................................................................................1
TASK 1............................................................................................................................................1
P1 Structure of English legal system and different sources of law.............................................1
P2 Role of government in law-making........................................................................................3
TASK 2............................................................................................................................................5
P3. (a) Employer’s legal obligation.............................................................................................5
P3. (b) Employment and legislation law......................................................................................6
TASK 3............................................................................................................................................7
P4 Appropriate legal solution......................................................................................................7
P5 Justification by referring relevant statues...............................................................................8
TASK 4............................................................................................................................................9
P6. (a) Concepts and benefits of Alternative Dispute Resolution Process..................................9
P6. (b) Recommending alternative legal solution......................................................................10
CONCLUSION..............................................................................................................................10
REFERENCES..............................................................................................................................12

INTRODUCTION
In modern era, it seems that people cannot do anything without consulting an attorney
with anyone. A years ago, law has been crept and clawed in different ways which is helping
person to protect their rights (Asheela, 2016). However, today’s businessperson will be benefit
themselves only when, they have developed their own knowledge regarding laws. Through this
present report, the reader will come to know about different source of law which has been
framed by parliament. Along with this, government has played important part in law-making so
their roles and responsibilities are also explained. Further, employer’s legal regulations have
been discussed with the help given scenario such as; workers compensation, harassment and
many more. Along with this, how these laws will impact on business operation activities has also
been explained. Everyone have right to know about their duties which has been written in
constitutional law. It will help them, to get all rights what they deserve at work place.
TASK 1
P1 Structure of English legal system and different sources of law
Sources of law means origin of law i.e. binding of rules that governing human conduct.
The law of different countries is differing from their origin and which is also surrounded by
different rules and regulations. European law is dealt with other ruling such as union law in
different places. The rule of recognition is an obligation or duty which is imposing rule on
everyone. But this rule does not clearly identify different sources of law; but it directs to judges
to apply laws which has been identified (Blattman, Hartman and Blair, 2014). The government
has framed many rules and regulations and every business entity have to follow these laws on
consistently basis. Structure of English legal system are as follows:
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Figure 1: Structure of English Legal System
(Source: English Court System, 2015)
English Court System is generally divided into two parts i.e. civil and criminal.
Proceedings of disputes are started in lower courts and appeals from these jurisdictions can be
progressed through higher court. If person has committed any serious offence and is liable for
penalty. On other side, civil case is arising between private companies, person etc.
Criminal Court Civil Court
Magistrate court – This is first tier of criminal
justice system, where all serious nature of
offence started. Generally, it considered those
offences which are less serious and carry a
maximum sentence of 6 months.
Crown court – They are dealt with most
serious offence which leads in long prison
sentences.
Court of appeal criminal division – Here,
appeals from Crown courts are transferred to
Country Court – It considered those cases,
where most civil actions are beginning. These
includes disputes between parties regarding
goods and services, money claims.
High Court - In this, appeals from country
court are done. For example, defamation cases,
personal injury, debt recovery are included.
There are several division of court which help
them to hearing appeals.
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Criminal division.
There are different sources of law such as; legislation, case law, EU legislations and
customs. Their explanation are as follows;
Figure 2: Sources of law
(Source: Sources of law, 2015)
Legislation – This is important source in European Union law. It considered many rules
and regulation and take precedence over English law have certain law. This law comprises
primary and secondary legations. Primary legislation acts as a parliament which is also known as
statues. Whereas, secondary legislation, is also known as delegated legislation. In secondary
legislation, parliament has granted some specific powers to local authorities and public
authorities for making some regulation for specific purpose. The function of this act consists of;
Codification (which is founded in case law, common laws), Consolidation (it merge legislation
statutes into one), revenue collection (parliament of every country, introduces finance act every
year for proper allocation of budget) and many more.
The piece of legislation starts with bill and it became an act of parliament until and unless
it goes through a lengthy approval procedure in both houses. When bill goes through both houses
and it need amendments and votes at every stage. So bill can be voted out in different process If
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bill started at house of common than is necessary, that bill will be passed house of lords and vice
versa (Chodorow-Reich and et. al., 2012). However, if bill has been passed from both houses,
then bill was representing in front of prime minister and to get sign from them. at this point bill
becomes statues or new act of parliament.
Case law – These law is made up of judgment or decision which are built by higher
courts so that they can interprets, meaning of statutes. If any hearing is coming with judges and
the decided of these case laws can be taken on the basis of existing rules and these are applied in
similar cases also. Case law includes both civil and criminal cases. In civil there are two parties’
plaintiff and defendant and in such case, plaintiff have to prove that defendant has committed
offence. But in criminal case, defendant has to prove that, they have not done any serious nature
of offence.
EU legislation - This law has become the part of English law. This law overrides those
parts which are against EU legislation. If any conflict has been arising between EU and European
law, then EU law will prevail. European body has created this law which consists; draft was
proposal by European commission, then debate on the proposal of draft has taken place in
European parliament whether to accept or reject, or put forward for amendments (Collins, 2012).
After this, minister of European council enacts legislation. Once the bill was approved by
council, then it will become law.
Custom – Custom law is foundation of common law and it is oldest form of English law.
The custom law is applying to whole of country or in local area also. But nowadays, this law is
disappeared. To know that, custom law exists or not, then it is essential to apply some rules and
regulation. This law will become valid on when, it is existed continuously without taking a
break, reasonable, certain, consistent or not be link with any other law.
Here are some following acts which has to comply with organisation in order to provide
legal services to customers as well as employees.
Equality Act 2010 – This act replaced anti-discrimination act, where employers are
discriminating employees in terms of gender, caste, religion etc. This act provides legal
framework to employees to protect their rights at work place.
Working regulation act – This act applies to all employers which stipulate minimum rest
breaks, weekly rest. An employer is responsible to set rule that any employee who is working in
organisation, time is not more than 48 hours per week.
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P2 Role of government in law-making
The government play essential role in making laws with parliament. When any law
passed parliament, then they are also taking advices from them, that in which sector these law
should be apply. A statue begins when bill is proposed by legislator in house of parliament. The
bill is surviving in legislative committee process and it became essential that, it should be
approved by both houses. The bill should be passed by both houses along with necessary changes
or amendments are made, wherever it is required. After this, bill has to be signed by executive
officer of parliament (Davidov and Eshet, 2015). However, bill become law when it was signed
by executive officer of parliament.
The following are steps of bills, which must be go through in both houses of parliament,
so that it can become law.
First reading – Bill arrives in parliament.
Second reading – In this, debate has taken place for the purpose and identify key arears
of proposing bill in parliament.
Committee stage - In this, scrutiny take place with detailed changes in bill. The vote has
been taken in houses whether, it require to make changes in bill or not.
Report stage - More amendments are requiring if proper changes has not taken place. for
this, vote take place in order to decide that whether to make changes or not.
Third reading – This is tidying up stage. Final chance is given to committee for making
amendments with the help of votes.
Royal assent – When both house of parliament are agreeing with the final content, then
bill is approved by Queen and bill become law.
The bill which has been implemented by parliament, government have to see that it is
given benefit to country or not. The person is electing government for their own benefit so that
decision can be made in favour of them. The government who have win election, then they got
right for five years to make rules and regulations for benefit of country (Estreicher and Hirsch,
2013). But, government does not have any right to implement any new law or rules without prior
permission from parliament. Firstly, government have to take permission or participate in
making law with the help of parliament. In short, if government want to impose anything or
make amendments in any law, then it is essential to take permission from parliament. Further,
local bodies have to also saw that whether general public is facing problem while implementing
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any regulation. The lords are playing vital role in improving bills with the help of taking
feedbacks from general public and highlighting problem and making them effective. Parliament
of UK is performing various function, to represent their thoughts in front of citizenship.
Legislatives are conducting strengthening programmes for parliaments and having a key
component in targeting law-making capabilities. The legal process regarding common laws is
process which begins with research analysis, which is relevant to cases and accordingly order is
passed in direction to determine whether common law is applicable. The lower courts are bind
with the rules which are framed by higher courts, whereas, statutory laws are already written, it
just needed to applied in specific cases. The government have to protect their all rules and
regulations which are framed by parliament so that, any offence will not take place (Farinacci-
Fernos, 2013). These rules are reducing transparency and accountability of democratic
government in country.
In country of UK, two laws are also applied i.e. common and statutory which help to
judges in making better decision in favour of plaintiff or defendant. Common laws are developed
by judges which is based on preceding. Judges are giving decision on the basis of laws which has
been formed over 100 years. These laws are also known as case law. Other side, government
bodies are having authority to pass statutory laws. In this, new rules and regulations are also
framed for protecting the rights of citizens on which they are facing obstacles.
M1
Legal system of country consisting of written or oral constitution also includes primary
legislation which are enacted by legislative body. It is essential for countries to follow with all
rules and regulations in order to protect the rights of individual. Citizens of country are
implementing these systems in effective and fair manner. Well-functioning of civil-justice
system will protect the right of all citizens against infringement of law. These laws will ensure
about the security outcomes and control the crimes. Proper education will also provide to
individual and at work place equal opportunities are there for employees at work place. While
following these all rules and regulations people also came to know about hierarchy structure of
court.
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TASK 2
P3. (a) Employer’s legal obligation
There are many acts which are framed by government in the context of employers.
Through this, employers are become aware that which right they are having. At work place it is
essential, to apply many rules and regulation which is related with employer’s right. Here, are
some following act in relation to legal obligation;
Occupational safety and health act – This is primary federal law which governs in
private sector. This act provides legal framework and tools to organisation in achieving their
business goals. In this, it set out rights and duties of all employers at workplace. It helps to all
organisation in dealing with those procedures which is related with hazards at work place. This
act makes clear that, employers have more responsibilities related with health and safety at
workplace (Hart and Green, 2012). All employees have responsibility for promoting compliances
of health and safety as statutory requirements of act.
Workers compensation – This is related with insurance which provide wage replacement
and medical benefits to employees. It is mandatory for every organisation to provide
relinquishment which is related with employees. There are some obligations which imposes on
employers such as; to provide healthy environment, providing safe tools, giving warning
regarding using dangers equipment’s in which employees can retain in organisation for a long
period of time. The laws which are designed to ensure employees who is suffering from injured
or disabled are not required to cover all medical bills. The employees have obligation, to get all
compensation which is related with injury, so that they can protect their rights.
Harassment – The Protection from Harassment Act 1970, is passed by parliament of UK.
The main aim of this bill is to protect the victims of harassment. It includes racial harassment,
anti-social behaviour by neighbours and many more (Klyver, Nielsen and Evald, 2013). As per
section 3, it provides claims for civil proceedings to victims which has been falling under section
1. It deals with the problems of stalking. It covers range of behaviour which are performing by
employers at work place and distress victim.
Equal opportunity – According to Equality act 2010, it prohibits discrimination at
workplace in provision of training and education are provided by any organisation. There are
many grounds such as; age, gender, religion, disability etc. which are facing by many employees
at workplace. The discrimination at workplace occurs in different ways i.e. direct and indirect.
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All employees in organisation have equal opportunity to get equivalent rights at workplace.
Through this, it motivates them to do their work in appropriate manner.
P3. (b) Employment and legislation law
Employment act is governed for the rights of employees at workplace. This act tells about
all rights of employees. This includes all type of employment protection measures which can be
taken by employers in order to perform their function in appropriate manner. the protection of
employees includes legislation regarding hiring and firing of employees. as per given scenario,
health and safety act, 1974 will consider. In this act, Health and safety executive are responsible
for work legislation at workplace. It is responsibility of employer to protect the rights of
employees from dangerous activity (Mohamed, 2014). As this act requires; provide adequate
training to staff which will ensure about their health and safety, safe operation and preservation
of working environment and system, adequate provision of welfare for staff at workplace and
many more. Employers have duty to keep and revise all written records of health and safety
policy in regard to perform their functions properly. At workplace, it become essential for
employers to provide equal rights to employers so that they can also perform their duties in
appropriate manner. so, government has framed many rules and regulations for employees right
at workplace.
Contract law means where two or more parties are forming contact and legally binds by
court of law to perform their all terms and conditions which are specified. There are various
elements of this law which has to be fulfil by both the parties. Such as; capacity, acceptance,
offer, consideration, mutual understanding. In this law, tort of negligence is there. In this act,
first person is liable for non-performing of their duty and creating law of negligence. The
defendant owned them for a duty of care.
As per given scenario, a 16-year-old girl is working at fast food outlet. She got slipped on
water which is leaking from an ice-making machine and her hand was break out. Along with this,
unfortunately, her hand also went into deep fat fryer which is containing oil at a temperature of
360°F. On that day, the staff was short when accident take a place and team leader was working
on trills instead of monitoring the safety of employers at work place.
The impact of these both act is, as per employment law, organisation cannot allow a child
who is below 16 or 18, to do work in their outlets (Ridley‐Duff and Bennett, 2011). On other
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side, impact of contract law is that, team leader is responsible to monitor all activities which are
performing by employees at workplace .
Team leader of outlets are responsibility to monitor all activities whether there are few
number of staff are present. If any damages have been take place, then they are responsible for
compensating amount to injured girl.
TASK 3
P4 Appropriate legal solution
Redundancy is form of dismissal from job. It generally reduces when employers need to
eliminate their workforce. But employees get certain rights in redundant such as; notice period,
consultation with higher authority, time off to find a new job and many more. There are many
types of redundancy such as; unfair, wrongful dismissal and many more.
Section 96, Unfair dismissal means where employer is terminating any employee without
any reason. The organisation cannot terminate any employee without giving them notice period
or any insufficient reasons. Here are some categories which are included in unfair dismissal such
as; employee lacked in capability or qualification, there was a genuine redundancy etc. The
following are some situations in which organisation is likely to dismissal any employee unfair.
 Joined a trade union.
 Healthy and safety activities.
 Disability
 Marital status etc.
Wrongful dismissal, is describing situation where contract of employment has been
terminated by employer of employee’s. If termination takes places of breaching one or more
terms of contract, then it follows a wrongful dismissal in terms of employment act (Stainback
and Tomaskovic-Devey, 2012). The following are items which are listed below which may
constitute a wrongful termination:
 Discrimination
 Retaliation
 If any employee’s refusal to commit any illegal act
 If employees are not following own termination procedures
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As per given case scenario one, Calvin is working for a large fashion house since four
years. His employer Donna, arrives office on Monday morning and finds that there is missing of
£100 from petty cash book. Despite this fact, Donna dismiss Calvin without giving any notice
period and saying that “would not be the thief like Calvin working there any more”.
As per unfair dismissal act, Donna cannot terminate Calvin without giving any notice
period of one-month because his probation period is also finished. If Donna wants to terminate
him, then she has to gives him one-month salary. On other side, if Calvin has been terminated,
then he is having right to sue against Donna in court and recover the loss amount.
According to the provision of Insurance act, it applies to all contract of insurance and
reinsurance can be issued after that date (Tongxian, 2012). There are some remedies which are
available for insurer’s such as; if insured person have breach any duty of fair presentation, so
insurer can avoid policy and keep all premium amount.
In given scenario 2, Kevin’s father running Dan stores. A fire destroys his stores.
Eventually he had opened his new store in other location and at the same time he applied for fire
insurance. But, bank refuses to claimed the amount on the basis of that, he had already claim
damages which was 2 years previous ago. So insurance company refuses to pay him claim
amount. As per provision of insurance act, there is no any time bound while claiming money. So,
person is having right to claim damages against fire at any point of time. If any insurance
company refuses to give such amount, then second person is having right to suit against them.
Dan is having right to claim damage amount, as in provision there is no any time period
written regarding to recover the amount. Further, if insurer company refuse to do this, then Dan
is having authority to sue against them to recover the damaged amount.
P5 Justification by referring relevant statues
The above act unfair and wrongful dismal will also impact on organisation in different
ways. For example, if they are terminating any employee without any sufficient reason, then it
will impact on their reputation also. It is responsibility of organisation, if they are terminating
any employee then they have to first issue notice period for terminating them. with reference to
given case of Calvin, which is leading in immediate termination of employees, the company have
to provide them a legal solution to them. It is essential for organisation to provide them a
minimum period for consultation before taking any step for cessation which is also laid down
Employment Act. Moreover, employer have responsibility to pay entire amount to employees at
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the time of termination. In wrongful dismissal, defendant person is also having right to get
compensation amount if company has terminated them without giving notice period (Mulcahy,
2012). As there are many acts which are made for the right of normal person such as insurance
act, in this the insurer person is having right to claim against any damages of property for
compensating their amount. If insurance company refuses to pay such damages amount, then
second person is having right to suit against them in court.
In second case, insurance company does not have any right to refuse the claim amount by
insurer. A person is having to claim their amount at any point of time. So, Kevin’s father, is
having right to suit against insurance company against not granting amount to him. As it is
clearly mentioned in Insurance act, there is no time bound while taking any insurance policy.
Employment Act 1996 includes, rights and responsibilities of employers and employees
at workplace. If any unfair dismissal has taken place in organisation, then they are having right to
suit against them. The following are some sections which has been discussed;
Section 94 of this provision, employees have right not to unfairly dismissed by employers
without any valid reason.
Section 95, in this section, some circumstances are there in which employee is dismissed.
These are;
1. For the purpose, if employee is dismissed by his employees by following reasons: -
 The contract under which employee is employed and terminated by employer (whether
with or without notice),
 If contact is made under limited-term and that contract has been terminated by virtue of
limiting event and treaty has not been renewed, or,
2. An employee has taken dismissed by their employer for the purpose of this part if: -
 If employer has given notice to employee for the termination of his contract of
employment.
Case Law, British home stores ltd v. Burchell, fact of this case was that Miss Burchell
got her job back and she did not appear in the contest which is appeal by employer, against a
tribunal decision about taking decision of her dismissal. The judgement of court held that, appeal
was allowed to company. The court has given guidance to worker, because considering a
dismissal of employee without a disciplinary hearing dishonesty.
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The employer of British home stores have genuine belief that employee had
misconducted activity which has been occurred at workplace. Along with this, employer have
also conducted proper investigation in which they can gather valid information. Further, yes
employer has carry out reasonable steps for investing the matter.
Case law Panama v London Borough of hackney, in this, Felicia panama was an
employed in its housing department. The decision of court held that, Employment Tribunal is
found incorrect although respondent has acted unlawfully and she was not also eligible to
compensate. The court of appeal was found that, whether the dismissal is fair or unfair in regard
to section 98 of employment act 1996. But in this case, it was found that dismissal of employee
was not fair.
M3
The positive impact of employment act 1996 is that, employee is having right if employer
terminates them without any valid reason, then they can suit against them. In this provision there
are many rules and regulations which has been framed for giving benefit to employee at
workplace. On other side, negative impact is that, employer does not terminate any employee
without any reason. If they are terminating any employee, then they have to also conduct proper
investigation process. In this process, it is wasting the time of employers and this can give
negative impact in organisation. This act will beneficial for both employer and employee through
they can maintain healthy working environment at workplace.
TASK 4
P6. (a) Concepts and benefits of Alternative Dispute Resolution Process
Alternative Dispute Resolution is procedure which is used by parties for setting up their
disputes without any litigation. These process includes such as; mediation, negotiation or
arbitration (Advantages of alternative dispute resolution, 2016) in which parties can resolve their
disputes. These meaning will help to people to save their time and cost to settle their disputes
rather than go to litigation process. This process is used when both party does not waste their
funds in any such kind of disputes. In short, it is less costly and more expeditious. Primary
reason for using such kind of ADR proceedings, as this allows both the parties to understand
each other position and often collaborative also. in this procedures, both parties get a chance to
give more creative solutions so that court may not legally permit to levy any litigation process
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(Lumineau and Henderson, 2012). The parties are allowed to represent or hire attorney, so that
they can represent them at the time of ADR proceedings. There are many terms which need to be
understand by both parties at the time ADR process:
Arbitration – It is an informal trial process, where third party hears disputes of both side
and issue a decision. The decision which has been given by third party, may be binding or non-
binding to agree upon these decisions.
Binding and non-binding – A binding is a ruling where both parties are abiding to agree
upon decision, whereas, non-binding decision is a ruling where parties may ignore to choose
their decision.
Arbitrator – An impartial person giving power to third party to resolve their disputes by
hearing both side issues and coming with conclusion (Stainback and Tomaskovic-Devey, 2012).
Sometimes, there are many persons who become involved in such kind of disputes,
although they are very important or concerning cases. These cases may be resolved outside as
compare with expensive court system. Here are some advantages of ADR over litigation:
 It is usually less costly and faster.
 Both parties get a chance to give opinion about their pitfalls.
 It is more flexible and responsive.
 The nature of this process is confidential.
 It is more likely to preserve goodwill or escalate encounters between both the parties.
P6. (b) Recommending alternative legal solution
Alternative Dispute resolution in UK, system is a concept in which disputes between
parties to the contract are resolved. In this light, it can be said that it is consists of different
techniques and tools which are responsible to make both parties to a contract or an agreement to
reach at a common point or outcome (Tongxian, 2012). In addition to his, it can be said that this
is a concept in which different ways are suggested so that parties to an issue can be able to settle
disputes between them.
On the other hand, Alternative Disputes resolution in USA is another concept which has
been framed under the laws and regulations made there from, in accordance with the legislations
formed in USA.
With reference to the given case scenario, it can be noted that Antwon has owned a larger
capital oriented large investment firm. He has a war of words with Tyrell who was the owner of
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that particular company and also held responsible to make software so as to make market
predictions. The disputes have gone for several weeks, but the parties were not able to form a
corrective and effective decision (Teague and Roche, 2012). Also, the parties to the contract
were desirous of making and marinating effective relationship.
In this case law it can be said that in context of USA, there is another act or legislation
which can be related to Alternate Dispute Resolution. It is consisting of a term namely arbitration
and conciliation which can be applied with respect of dispute resolution. In this light, with
reference to mentioned case, disputes between Antwon and Tyrell can be resolved by a method
that is Arbitration and Conciliation. Moreover, it is a process in which parties refers case to a
tribunal of arbitrators, comprises of one or more tribunals. In this concept they are bound by the
decision given by arbitrator, which is known as Arbitration award.
It can be concluded with the case mentioned above, the case can be resolved with a
method namely Arbitration and conciliation. In this aspect, both the parties transfer case to
arbitrator chosen by them in order to dispute resolving.
CONCLUSION
After summing up report, it has been concluded that there are many rules and regulation
which has to be applied by organisation such as health and safety; harassment; employment act
and many more. Along with this, government is also responsible for making any law, because
they are keeping their point of views so that proper decision can be taken by them. Further, there
are many laws which has been framed for employer’s obligation at work place. So, it is essential
for organisation whether it is large or small have to provide them all equal rights to all
employees. It is also their duty to protect the right of employees at work place while performing
any dangerous activity. In last, alternative dispute resolution process will give advantage to
organisation to resolve their conflicts in fast manner because it does not consume time.
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REFERENCES
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employment? Evidence from the American Recovery and Reinvestment Act. American
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