Exploring English Legal Systems and Dispute Resolution

This assignment delves into the complexities of English law, encompassing both civil and criminal aspects. It examines the structure of the English court system and highlights the importance of business law for enterprises. Case studies illustrate disputes between partners and explore the advantages of alternative dispute resolution (ADR) processes over traditional litigation. The focus is on cost-effectiveness, speed, confidentiality, and preserving relationships.

Business Law

INTRODUCTION
A set of laws which are related to business activities can be stated as legislation of
commercial activities. It includes large number of rules and regulations that governs the activities
of a business. It has subset to explain business formation and legal obligations about business
activities which can help to run business with duly conveying all legal formalities (Bagley,
2010). The business law has included different elements in it like; business contracts, ethical
recruitment practices and sales of goods to consumers as per their choice. This report will
explain about different English Legal system and various laws which have to be followed by
every organisation. It will also state about the importance of government in making an act as
well as legal obligation of an employer towards their employees.
SECTION 1
P1. English legal system and origin of law
In every country, there are different types of English Legal system which contains rules
and regulations regarding the functioning of business and aids to pursue all types of business
practices according to legal procedures to maintain the ethics in the business. Mainly two type of
structure are used which are here in the below mentioned points; Civil law- This system handles private disputes and provides appropriate solutions to
disputed parties so that their problems can be resolved. It is an organized structure which
involves various rules and regulations by which citizens and jurists can resolve their
issues as soon as possible.
 Criminal law- This structure plays an important role when there is any serious case such
as murder or when an individual is stealing any important data of a company.
In this type of legal system top level authority is known as supreme court who's order and
directions has to be followed by each and every aggrieved party with their acceptance or not. If
an individual will have any legal problem then he can take the help of following juries-
 Magistrate court and tribunal
 Then, Crown and country jurisdiction
 High court which can be categorised in two section in which one is Family tribunal that
can also be called as Court of chancery and Queen regnant and second one is Disjunctive
tribunal that can also be known as administrative assembly.
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Still after that individual would not get satisfactory solution then supreme court will be
the last option for him in order to get justice.
Sources of law- Fundamental law- It is an important instrument that describes the fundamental rights and
duties of citizens. This instrument is made by government so that rights of citizens can be
defended from any unethical activities and economy of nation can be developed.(Crane
and Matten, 2016). Law-makers- It includes those person who has power and responsibility to make law
after considering the situation of country. In United Kingdom, there is also a document
which influences existing companies and their operations. Executives- For formulating an enactment, president plays an crucial function as without
his signature, no bill can become a legislation. Executive's order will be binding on every
individual who are residing in that country. It also involves written agreement which are
a source of law. Judiciary- It can also be further divided which are described hereunder-
◦ Common Law- In this, jury takes decision of existing problem according to previous
declared judgements same type of cases, it provides a clue to the judge to make a
clear situation and what kind of judgement can be effective in this case.
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( Figure 1: Structure of the English Court System, 2017)

◦ Case law- On the basis of the former cases held, jury will try to reach out to a final
decision which is justified on the present case. This [process will help to jury to take a
better decision. This procedures will help to the jury to make an analysis on the
previous case and the relation of previous case with the present case.
P2. Drafting of law and implementation of common law
Government plays an important role in making an Act because it has to take permission
of parliament and also, need to put lots of efforts for getting their approval. Top authority of
nation made legislation so that it can protect the rights of people and can control the critical
situation of country so that its economy can be developed (Cheeseman and Garvey, 2014). For
passing an Act, government has to follow some procedures which are as follows-
 At first, it has to make proposal which will contain all necessary rules that will aid in
controlling the negative situation effectively and efficiently.
 Then after, it will be presented to cabinet minister for taking their opinion on the same.
 If this proposal gets approval from ministers then it will be converted into bill in which
provisions and sections regarding existing issue will be included.
 At last, bill will be presented in the parliament so that they will approve this bill and it
will become an act and would remove negative situation from the country.
Concerned authority has to put lots of efforts for presenting a bill into parliament house
which are given as below-
 At first, proposal will be given to its members so that they can understand the objective
of this bill.
 If person will have any problem then top authority has main obligation to find out ways
for removing that so that they can give their vote in favour of bill.
 After presenting bill, Parliament members start conversation on it which generates
different negative and positive aspects of the drafted law, final decision will be decided
mutually. If majority of people will be in favour of bill then it will be passed and vice
versa.
If an existing law requires some modifications and changes, then a committee is formed
which has 20 MPs who have right to take judgements regarding alteration. At last, it is sent to
Monarch for their assent so that this bill can become a legal instrument.
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SECTION 2
P3. (A) Legal obligations of an employer
Employer can also be stated as a job provider which are having a huge need of human
resources which can help to him in completing his business activities, he provides employment
to the people. An employer can be consider as entrepreneur, which has a significant role in the
economic development by providing jobs to citizen of the nation which can help to the nation by
improving their gross domestic production. There are many laws which regulate a business as
well as its owner. According to this law, manager has various responsibilities which are given as
below- Occupational safety and health act- According to Occupational Safety And Health
Administration Act 2004, job provider is responsible to provide all essential equipments
by which employees can protect themselves from any hazardous situation (Foss and
Knudsen, 2013). If any injury will arise at workplace then businessmen has to give this
information with in its 8 hour to OSHA office. Staff compensation- Several acts are ruling in the area of remunerations and other
benefits for the employees such as Minimum Wage Act etc. According to this Act, Job
provider has to provide minimum amount of remunerations to employee that are specified
by government.
 Equal opportunity- As per Equal Opportunity Act 2010, job provider is has a ethical
responsibility to provide similar opportunities to their recruited employees. He has no
right to do discrimination among workers on the basis of age, colour, caste etc.
P3 (B) Employment and contract law and their influences on business
In United Kingdom, several kind of employment laws are under in the practice which
supports to protect the rights of employers and employees. For example- Employment Right Act
2010, on that basis, workers have following right-
 To get fair and equal amount of salary.
 To receive better working environment etc.
Contract law- After hiring a new employee, a contract is signed by employer as well as
new job holder in which all terms and conditions regarding job will be written and everyone will
have to follow it.
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In given scenario, a girl who hast the age of 16 years, is recruited by the food shop owner
which has a main liability to cook and fry food (DiMatteo, 2010). An accident is happen while
she was working in the shop and her left hand was badly injured by highly boiled oil to fry food.
In this, she can sue on the name of company and organisation has to pay compensation along
with has to face other negative impacts such as-
 It will reduce its market share as well as brand value.
 It will maximize its cost because it has to give training to new and existing employees.
SECTION 3
P4 Legal solutions for solving organisation problem
Top authority of nation has introduced various kinds of legal procedures which describes
the legal way for recruiting, selecting and firing of an employee. These legislations have to
followed by every enterprises if it will not then it will create disturbance in its operation. There
are two types of termination which is not an ethical practise.
 Unfair dismissal
 Wrongful termination
In given scenario, Ms. Donna terminated her employee without giving any prior notice and
warning to him which is a wrongful firing because she failed to follow regulation of legal
contract(Grundfest, 2010). In this case, she is liable to give compensation to him because as per
law, she did not do any right activity. According to law, every employer is liable to give one
moth notice before terminate an employee and also has to give sufficient number of notice to the
particular employee to warn improve on their regular pointed mistakes. In the mentioned case
Mr. Calvin has rights to get-
 Reinstatement- In this, he can get his old job with same post which be decide by jury
after considering following things-
◦ Particular worker want to pursue on that particular job or not.
◦ Whether this decision will be practical or not.
 Re-engagement- In this, terminated employee can get job in the retaining organisation but
on a distinct job role offered by the company. This type of declared judgements by the
jury can support to the terminated employee to survive in his life which can help to him
to him to continue their work in the same organisation.
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 Compensation- This is the last option which has jury for the employees if he refused to
opt the above presented options. In this settlement, three types of amount are calculated
which are basic, compensatory and additional.
If Ms. Donna wants to save herself from this negative situation then she should follow all
rules and regulations.
In second scenario, Mr. Dan started a new venture which got fire and he claims
compensation from insurance company but organization denies to pay it. According to Insurance
Act 2015, firm is totally liable to pay compensation to him and also has responsibility that it
should present their policies and procedure straightforward so that there will be no confusion to
the people. In this, aggrieved person has option to take help of court. Because of this incident,
plaintiff has to face some negative affects such as-
 It will reduce brand value of company as well as its customer base.
 People will leave to trust on its policies which will decrease its sales and revenue.
 It will also create disturbance in carrying out business activities.
P5 Justification of selected solution
In United Kingdom, there are various employment laws which are helpful in resolving
issues or problems easily and quickly. These laws have main focus to provide a protection on the
rights of citizens which can help to them to survive better in their life with out having any
problem and issues. As above discussed, aggrieved parties can go to court for finding out a
solution which will help in solving problem effectively and efficiently (Halbert and Ingulli,
2011).
In given case study, Mr. Calvin is terminated from his job without getting any notice and
any correct warning which is a wrongful activity. So in this situation, he can take aid of judiciary
system. It is best for Mr. Calvin to sue against the name of company rather than on an individual
because with the afraid of loss of reputation, business owner will agree to give compensation to
aggrieved individual. Along with benefit, this method also has some disadvantages such as-
 In taking help of legal system, there will be no confidentiality in the matter because
problems will be disclosed to each and everyone and then they will interfere in the
process for enjoying.
 Parties have to hire a good lawyer who will appeal in the court. So for it, they have to pay
high amount to professional which will be costly for the company.
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 Disputed individual may loose their reputation in the market.
So it is recommended that both person should not go to court and should adopt alternative
option for getting best result.
This recommendation will also be good in the case of insurance and Mr. Dan because to
take help of judiciary system will not be beneficial for both disputed parties. It has many
drawbacks such as costly affairs, time consuming process, also reduces reputation of individuals
in the market etc. (Johnson, 2013) Even after knowing about its negative impacts, Mr. Dan
wants to take support of judiciary system then he should sue against the name of company rather
than on an individual because if same situation will arise in future then insurance company will
consider it in a right manner and will also pay compensation to disagreed parties without wasting
of time.
If in both case studies, companies want to protect themself from negative situation then
they should provide valid reason of their acts in front of jury.
So from above discussion, it is concluded that disputed parties should not take help of
legal system but they should adopt other alternative ways for their settlement because it will
provide various range of surplus.
SECTION 4
P6 (A) Concept and benefits of Alternative Dispute Resolution Process
Alternative dispute resolution process is very helpful in resolving every issues whether
they are critical or not. In this, problems can be resolved easily, quickly and effectively and
within less amount of money. Conflicts can be referred to disagreement which is existing
between two parties. If persons take help of this procedure then there will be no role of court
because problems will be resolved with the help of third party. This person will be neutral who
will be appointed by disputed individuals (Kinicki and Kreitner, 2012). This third party will be
known as arbitrator who will has responsibility to listen the whole matter calmly and will take
decision accordingly.
This process is very beneficial for individuals because in this, because this helps to get
best solution to the problem without pay any legal charges. This process can be use in any type
of conflict.
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P6 (B) Recommendation on alternative solution of case
Given case study is based on two partners whose name are Antwon and Tyrell who have
worked together but now present, dispute arose between them. As per the condition, it is
recommended to both of them to use various alternative resolution process rather than go to court
because this will help them to maintain good relations with each other for long time. Apart from
this, it has some other benefits of this are:
 It is cost and time effective process.
 This help to maintain the problems remains secret because in this, behind the door policy
is used to solve the conflict.
 There is no favouritism concept among disputed parties.
So after analysing all benefits and drawbacks, it is recommended that people should opt
alternative solution.
CONCLUSION
Business law is very important for every enterprises because it directs the company into
right direction by which firm will be able to attain its desired result. From the above discussion,
it is concluded that there are two types of English Legal structure such as civil and criminal law
which have to followed by every citizen of nation. While making an act, government plays an
important role because it puts lots of efforts for getting approval from parliament. There are
various employment law on that basis employer has various range of obligations which have to
fulfilled by them in every situation.
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REFERENCES
Books and Journals
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