Exploring English Legal System and ADR

This assignment delves into the intricacies of the English legal system, examining its hierarchical structure and sources of law. It explores key legislation like the Employment Rights Act 1996 and highlights the importance of Alternative Dispute Resolution (ADR) methods such as arbitration and conciliation. The assignment advocates for ADR's efficiency, cost-effectiveness, and ability to provide fair justice compared to traditional court proceedings. Finally, it compares the English legal system with that of the USA, emphasizing the UK's effectiveness in resolving disputes promptly.

BUSINESS LAW

INTRODUCTION
Business is the term which is used to manage or start any type of business. It is relevant
with contract law. In this two or more parties are form legal agreement in order to fulfil specific
act. They are bound to follow rules and policies which are imposed on them as per article of
contract law. There are different kinds of sources of law which having impact on existence
organization. English legal system follow systematic structure for making laws (Roe, 2013). In
present report define various types of sources of law through which companies or firms have to
comply with. According to employment act, organizations are responsible to provide better
working environment to their employees and provide safety of them as well. They have to
provide equal opportunities to all age group of people. As per negligence act one person is
responsible to take care another person and needs to comply with this act.
TASK 1
P1. Systematic structure of English legal system and different sources of law.
English legal system is able to form structure which define rules and regulation which is
easily followed by organizations (Trompenaars and Hampden-Turner, 2011). It consider both
civil as well as criminal law. It is made by judges along with other legal authorities.
Illustration 1: Structure of English Legal system, 2017
Source 1: Structure of English Legal system, 2017

People who are wants to file claim against any other party then they can do so in magistrate,
crown courts. But the matter should be criminal in nature. The person who commits crime
according to provision of law is known as criminal. The dispute which is arise on civil matter
have to provide judgement by civil court.
Various sources of law are as aligned below-
Constitution- The constitution of UK in not in written form. In this legal authorities
define fundamental rights or duties of people which are protect their interest and rights as well. It
is important sources of law which consists lots of legal information. Organizations are bound to
comply with policies (Callison and Vestal, 2010). Population needs to fulfil their duties which
are imposed on them as per the provision of law. It is significant source of law which is able to
allocate power and duties between government authorities. Protect rights of children, women,
handicapped people and old age people who needs help when their rights are protected. It define
procedure to file case against any person and receive claim amount as well.
Legislature- Every state having their own legislation such as United Kingdom. These are
different from one state to another. This is legal body which is able to governed statutory law and
statutes. It consist some laws which having impact on existence of organization and needs to be
comply with as well.
 Statutes- Legislature passed law name called statute which consists various rules
and regulation.
 Statutory law- It is the part of statutes and formed by legislature through follow
systematic procedure.
Executives- President is significant source of law and considered as highest officer in
law. Executive orders issued by president which is important for entire country. Those orders
bound people to follow rules and policies.
 Treaties- It is the source of law in which two or more states are comes in
contractual relationship. One representative from each state is prepare legal
contract with each state (Perry and Stone, 2011). They both represent their state
and imposed signed on legal agreement. Both promoting friendly environment in
order to fulfil their responsibilities and duties. Agreement should be signed by
them and must be present in written as an evidence.

Case- Medellin vs. Texas in present case it has been stated that, treaty is form of law which is
non self executive. They not able to bind states to comply with rules and regulation.
Judiciaries- These are considered as courts which is presented by judges and other legal
authorities (Werbach and Hunter, 2012). They have to resolve dispute through issuing
judgement. Judges provide opportunities of being to all the parties and after that take effective
decision in favour of innocent party.
 Common law- It play an important role in decision making process. Judges
consider prevision judgements to decide current cases.
 Case law- Legal authorities take effective decision while considering
previous cases. If they try to resolve similar matter which is in past time
already discussed so that take have to take a view and resolve matter.
Administrative agencies- These legal bodies are exists at all level of government weather
local, state and so on. These types of agencies are usually formed by legislature in order to
manage and monitor laws which are specifies in provision of laws. These agencies are
incorporated by constitution and able to manage overall operation of business organization and
control their performance as well (Sornarajah, 2010). It is a source of law and play an significant
role in prevent violation of policies, regulation and rules. Statutes are passed by them in order to
maintain or protect laws.
P2. Role of government in process of law making process & statutory and common law.
Government is regulatory body which involved number of persons who are responsible to
manage entire operation of country. As they are capable enough to maintain smooth running
functions of country (Buchanan, Netter, Poulsen and Yang, 2012). Legislation is bound to frame
draft of bill and send the same to parliament. If statutory body accept draft and provide royal
consent then bill becomes law and it becomes act. Government is responsible to protect rules and
policies which are framed by parliament. In order to protect the same they have to control
misleading conduct from country and protect their interest as well. Follow rules which are
enacted by legal authorities. Effective role of government in law making process are as follows-
Provide vision and objectives- It is the first stage of law making process in which
government define goals, objectives and target and try to resolve issues. It has been discussed by
ruling party which is beneficial for entire country.

Draws policies on matter- Members of legal body needs to identify current matter and
imposed policies on them which are prescribed by constitution. This process is able to maintain
relationship among legislative as well as executive structure. Government is responsible to
develop further rules, policies and regulation in order to protect interest of people.
Finalising policy- After identification of policy members needs to take advice from other
authorities and try to finalise them in effective manner. Ministry have to take a look of issues
which are written on white paper. It is paper of policy and consist basis of legislation.
Passing law- After finalising policy government have to passing law which is
compulsory to protect laws and maintain performance of entire country.
Statutory and common law both are play an effective role in providing justice by
judges. Statutory law has been defined as written law which are formed by legal authorities and
these re substantive in nature (Kaplan, Weisberg and Binder, 2014). On the other hand, common
laws are incorporated by precedent which are related to case laws. These laws are applied on
specific cases.
TASK 2
P3 (A). Duties of employers in various situations.
Health and safety.
Employers are the person who having ultimate control over business organization.
According to the provision of Health and safety act 1996, they needs to provide proper healthy
environment to their subordinates. Provide proper safety equipment to them in order to maintain
their performance and enhance their working performance as well. They have to conduct training
session for them in order to avoid serious injury while employment. Have to opted various tools
and methods in business organization (Parker, Gordon and Mark, 2010). They have to ensures
that their employees use their collective efforts in order to attain their set of target and objectives
as well.
Compensation of employees.
Compensation is amount of money which is provided by employers to their employees.
This is provided apart from salary or different from remuneration. The rate has been mentioned
under provision of law or can be decided by organizations themselves on the basis of their skills

and knowledge. If any of employees got injured during the course of employment and file case
against him. In that case employees have to pay compensation to them equal to the damages
caused to them workers.
For example- A is work under company which is managed by person B. During
employment A working on hazardous machine in production process. Suddenly, he got injured
because he not wearing safety equipment. In that case, A file claim against B as he is responsible
to provide safety equipment to him. Due to negligence of B, worker got injured. So that he is
liable to pay compensation as equal to the damages caused to him.
Harassment.
It is wrongful act which stands for exploitation of rights and duties. This can reduce their
performance as create mentally pressure on them (Deroy and Clegg, 2011). Harassment in
business organization is not able to enforceable by law and government imposed imposed
penalties on them. Employers are bound to provide better working environment to their
employees.
Equal opportunities.
As per the provision of Equality act 2010, employer re responsible to provide equal
opportunities to their entire staff members. Not able to discriminate employees on the basis of
sex, race, religious and place of birth (Henderson, 2010). Government imposed penalties on
those business organization which not follow relevant rules and regulation. Main equal pay for
equal work to all age group of people also to male or female. They have to pay remuneration on
the basis of their skills and knowledge.
P3. (B) Employment as well as contract law.
Entire business organizations are have to comply with laws such as employment and
contract laws. Follow laws which are imposed on them while conducting various types of
functions.
Employment law- This law is able to define situations of organization which have to be
maintained by employers in companies. Provide salary and other allowances to them according
to written agreement which is prepared before joining (Kolk and Lenfant, 2012). It covers two
types of laws such as Employment right act, 2010 and Health and safety act, 1996. through they

have to comply with rules and regulation which are imposed on them. It define rights of
employees which are as follows-
 Rights to receive remuneration and other special allowances.
 Receive health and safety environment.
 Attend training session in order to improve their skills and knowledge.
 Rights to take action organization if they are discriminated for any specific
reason.
Contract law- Before appoint any employee organization have to sign written contract
with workers and try to comply accordingly. They all are comes in contractual relationship with
each other and try to follow rules as well (Ghanavati, Amyot and Peyton, 2011). On the basis of
negligence staff members are bound to take care their employees. As per the given scenario, 16
years old employed in firm which is managed by employer and responsible to maintain health
and safety but he failed to do so. So that, court can able to take strict action against him.
On the basis of given case scenario, 16 years old girl working in fast food retailing
organization. She engaged to cook fries at the deep frying range. On day water leaking from ice
making machine and for this reason she slipped into that and her left hand went into fryer oil
container. The temperature of container is 360 degree and sever burns. Team leader is the person
who is responsible to maintain health and safety and take care of 16 years old employees. But he
failed to do so. Further, for this reason she is able to file claim against them and receive damages
as well.
TASK 3
P4. Solution for certain legal conflicts.
(1)
If organization dismiss workers from their duty so that, they have to provide 1 month
notice or 1 month salary. Staff members are not able to cancel employment on the basis of right
only. They have to prove their fault with appropriate evidence and obtain justified reason as well.
If employer not follow such procedure then employees having a right to file case against them.
According to the given scenario, Calvin is an employee who is working from last 4 years
as a designer in large fashion house (Sprague and Lyttle, 2010). Donna is employer of large

fashion house and who is arrive on Monday. She found that her 100 pound are mission and on
the basis on basis of doubt that Calvin is theft she dismiss him. She decided that Calvin is no
more working in organization. Donna, as employer having no right to dismiss him. On the basis
of unfair dismiss or wrongful dismissal protection law, employees having a right to receive 1
month advance remuneration or 1 month notice. Rights of Calvin as per the given case are as
follows-
Rights to receive notice- Employers have to prior inform to their employees before
dismiss through notice period (Strine Jr, 2014). In notice, they mentioned specific reason for
dismiss and share information with them as well.
Receive 1 advance salary- Calvin having right to receive one advance month
remuneration. Employer of firm is responsible to do so.
Claim- As per wrongful dismissal act, Calvin is able to file claim against Donna for
dismiss him without any justified reason.
Evidence- Donna needs to obtain specified evidence for their fault in order to cancel their
employment. In given case employer have to collect evidence that 100 pounds missed by Calvin
only.
Case- Masini v compass group UK and Ireland Ltd., in present case it has been discussed
that, workers as well as employer bound to comply with specified reason and both are faulty for
same reason. After that, both have to follow fairly dismiss process.
Case- Panama v London Borough of Hackney. 2003, in this case tribunal held Panama is a
working women of cited who is unfairly dismissed. Judgement release in against London
Borough of Hackney.
(2)
Every person having right to submit some amount as a insurance in order to protect their
assets. They received amount when their property or assets got damages which is known as
insurance claim. In which consists two parties name called insurer and insuree. They are bound
to comply with policies and procedure which are mentioned under act. In given scenario, Dan is
person who owns small store and one day it destroy by fire (Scherer and Palazzo, 2011). He file
case, in order to receive insurance claim. But insurance company ask him to, he receive any
claim within 2 years by mistake. For this reason company refused to accept his claim. But

according to insurance act there is no time limit for the same. Dan having right to receive amount
of insurance claim.
P5. Justified solution for legal conflict.
As per given mentioned cases, various problems are created among them which are easily
resolve through legal authorities. In first case, employer have to maintain safe and healthy
environment which is beneficial for them (Cross and Miller, 2011). Organizations are not able to
dismiss their employees without notice period or 1 month advance notice.
TASK 4
P6. (A) Process of Alternate dispute resolution.
In case court of tribunals are gets overburdened with number of cases then in order to
reduce the same they introduce new justice process name called alternate dispute resolution. It is
able to provide fairly and timely justice to people (Lan and Heracleous, 2010). Through this
burden of cases of court are been reduced. But if parties submit their dispute in court then not
able to file same case of ADR or vice versa. ADR mainly are of two types name called
Arbitration and Conciliation are as follows-
Arbitration- It is a legal body which is incorporated by courts. The main purpose of this
body is resolve matter of parties in specified and timely manner. There is mediator who is
responsible to resolve matter after provide opportunities of being hear to them name called
arbitrator (Nielsen and Parker, 2012). Final judgement of this person is known as arbitral award.
The decision of arbitrator needs to follow by parties for resolve their matter.
Conciliation- In this legal term the person who is responsible to resolve matter of parties
through hearing their dispute in called as conciliator. Person hearing matter or reason of dispute
from both parties individually. After that prepare settlement agreement which is signed by both
parties as well as by conciliator. But in this legal system, one of the party have to compromise.
These two legal authorities are able to resolve matter in well and efficient manner which
is satisfy people. Dispute get easily resolve through this process. They plan an important role in
providing fair justice which are as aligned below-

Dispute resolve- Court provide justice but people have to follow complicated procedure.
But in ADR they resolve matter through following simple method.
Less expensive- Courts or tribunals require large amount of money but in ADR system
they receive cheap justice.
Fair justice- With the help of this process people receive fair justice which satisfy their
needs. Decision has been taken in order to interest of parties and provide punishment to faulty
person only. Also it is time consuming process and there is no delay in justice. Members are
comply with rules and regulation which are imposed on them as per rules mentioned under law.
P6. (B) Recommendation for ADR and comparison with another country.
With the help ADR process population easily resolve their matter and receive satisfaction
as well. The legal system of UK is different from system of USA. Various number of cases are
not able to resolve in country USA but in UK matter easily getting resolve in timely manner.
As per the given scenario, huge investment has been owned by Antwon which firm is
managed by Tryrell. Some dispute has been arise among them and want to maintain better
relationship which is beneficial for them (Jamali and Mirshak, 2010). They needs to select ADR
process with the help of this they easily resolve matter.
CONCLUSION
On the basis of above report, it has been concluded that systematic structure has been
followed by English legal system. There are various types of sources which having impact on
existence of business. Government have to frame various plans and rules in order to protect laws
which are enacted by House of parliament. According to provisions of Employment rights act
1996, employer have to follow rules and regulation which are imposed on them.