Protecting Employee Rights in English Law

The provided document is a comprehensive analysis of employee rights in English law. It covers various topics such as government regulations, business law, and employment protection laws. The document also discusses the importance of protecting employee rights and the need for more rules and laws to safeguard these rights. References are made to several books and journals, including 'Business Law' by Cheeseman and Garvey, 'The Legitimacy of US Administrative Law' by Craig, and 'Confronting Sexual Harassment' by Marshall. The document also includes online references such as the UK court structure guide.

UNIT 7 BUSINESS LAW

Table of Contents
INTRODUCTION...........................................................................................................................1
SECTION 1 .....................................................................................................................................1
P1 Explaining the English legal structure and discuss the different sources of laws. ...............1
P2 Role of government in law making and how statutory and common law is applied in
justice of courts...........................................................................................................................4
SECTION 2......................................................................................................................................5
P3 Explaining the employment and contract law........................................................................5
SECTION 3 .....................................................................................................................................6
P4 Suggesting appropriate legal solution for the business problems..........................................6
P5 Providing justification for the given solution for business ...................................................7
SECTION 4......................................................................................................................................8
P6 Explaining the concept and the benefits of alternative disputes resolution process. ............8
CONCLUSION................................................................................................................................9
REFERENCES .............................................................................................................................10
Twomey, Jennings and Greene, 2016

INTRODUCTION
Business law is the form of regulatory body which controls the overall system and helps
in maintaining the proper environment. It is mandatory for every organisation to adopt some
kinds of regulatory systems to maintain its business environment. Present report is based on
business law and will explain the importance of legal systems in UK and different sources of
laws which guides organisation to provide fair practices with the individuals. Explaining with
that it will also focus on the role of government in making laws, contract law and employment
law is applied for the justice with employees. Furthermore, it will also put emphasis on legal
solutions and justification for business problems. Overall, it will discuss about the various
aspects of business law in different ways.
SECTION 1
P1 Explaining the English legal structure and discuss the different sources of laws.
Mainly, English law contains three legal systems each law applied according to their
working areas ( AREA, 2014). English law applies in English and Wales. English law rule
on civil and criminal matters. This is the renowned name of mother of common law. It is
mentioned as their own legal doctrine, distinct from civil laws legal system since 1189.
Every organisation working in UK, it is mandatory to be followed by each one. These legal
laws and systems helps organisation to maintain systematic order of working without any
unethical practices. It defines legal principles and code of conduct to avoid illegal
environment in the company. Moreover, it contains mainly two laws: civil and common
law. Common law defines as an uncodified. This law is not generally based on legal rules
and regulations it is based on scattered statutes, Which is related to legislative decisions, in
this common law decision is taken by the precedent and the jury members. On the other
side, another law is civil law which is totally codified in nature, this law is updated
according to the new changes. This contains punishment on the bases of offence. This law
is divided into different categories such as substantive law which establish for subject to
criminal or civil law (Cheeseman and Garvey, 2014). Another is procedural law it defines
the fair rules and regulations which helps to describe different procedure of law. Overall it
is mandatory for the organisation to adopt all English business law to maintain the
employees interest and safe the environment for uncertain situation.
Different Sources of law
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There are four different sources of law such as common law, European law, the European
convention on human rights and legislation law (Craig, 2016).
Common Law: Common law is the law which relates with the English legal system. This
law is made for English culture of English people. All the cases of this law are solved by the
judges of the court with some tribunals' assembly.
European Union Law: This law is made by the European Union. It is made for the
company so that they maintain smooth functioning in the company premises. This law ensures
the ethical environment in the company and make employees safety on the first priority. It
consists of contract and employment law. Employment law guides the legal circumstances and
obligations of employers towards the employees. It is mandatory for the business organisation to
adopt all necessary employment law in the organisation and contract law ensures that due to any
situation, contract should not be breach and void (Dau-Schmidt, Finkin and Covington, 2016).
European convention on human rights: Human rights law defines the importance of
human rights. Under this law, regulatory bodies protect the interest of human, the human tights
act 1998, which is mandatory for all the organisation should abide.
Legislations: This law is created by legislatures, this is the most important act of
parliament. Only this body have power to pass the laws that is mandatory to apply in all four
countries. This law consists of house of common and House of Lords. The House of Lords
contains 650 members of parliament and 800 peers out of 600 are appointed by the queen and the
recommended by the prime minister. This law includes the insurance, safety and health of
employees in the organisation (Farhang, Kastellec and Wawro, 2015).
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Illustration 1: Structure of English legal system
Source: (UK court structure.2015)

P2 Role of government in law making and how statutory and common law is applied in justice of
courts
Role of government is very important and crucial in making the laws. Government plays
a very important role in this context; without the permission of government, no one can pass the
law to next process (Faulconbridge and Muzio, 2014). Any law needs to take approval of
government. Government take time for changes in laws and determine the pros and cons of every
step before implementation. It has set of structure through which every legal bill and law has
been passed. It is mandatory for all the departments to follow the same. Laws and regulations are
made on the basis of needs and the ratio of crime. Every law and code of conduct’s main aim is
to protect the interest of humans. It helps to minimise the unethical practices. Government also
takes strict actions against those individuals or organisation who ignore the laws and acts. For
making any new laws and code of conduct, firstly, it will be discussed with higher authorities
and then final decision is taken by the government. Without the signature of government body,
no one can pass the law. It contains many stages and set of format. Before implementing the act
or bills, government analyse the impacts on the economy and then pass the bill for the same.
Overall, the executive branch of government make different draft laws for getting the
final approval of government.
Applications of statutory and common laws in justice court.
Common law is referred as case law. It as two types one where all judgement passed on
the basis of new laws where there are no statutes. On the other side, another is judged on the
basis of existing laws. Statutory laws are the laws which have been passed from different
government agencies. All cases under statutory laws are taken by the written basis which is
already have been existed and mentioned.
In legal system, there are huge changes has been occurred on the basis of situation and
the needs. The government always takes decision on the basis of environment and requirement.
UK government have applied free trade law policy. Through this law, it is mandatory for all the
organisations to disclose the entire information and trade activities with the government. This
makes system more efficient and effective. These legal regulations help organisation to adopt fair
practices with the individuals and employees as well. It makes customer satisfied and happy
with the working of organisation (Hutson, 2017).
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Parliament is the regulatory body and the higher authority in UK. They examine the work
of government. Parliament also approves the all laws and regulations proposed by the
government in United Kingdom. The house of lord and the house of commons makes parliament
authority. Every bill pass with the approval of lord of house and the MPs. Only lord of house has
power to reject the bill or any regulations imposed by the government. This is overall process
going in the United Kingdom.
SECTION 2
P3 Explaining the employment and contract law.
Employment law is the most important and mandatory law for all organisations. It
provides guidelines and protection against the uncertain risk and situations. In employment laws,
government includes various obligations of employer which is mandatory to be abide by. It
makes positive and healthy environment at the work place.
Legal obligations of employers
a. Occupational Health and Safety: It is the first obligation of employer and for every
organisation, employer must be ensure their working place and make sure that its employees are
under all safety environment. Organisation must adopt this obligation to protect the health and
safety precautions (Lareau and et.al, 2016). For that employer, must protect every employee
from the injury and from the uncertain events. They need to adopt all ethics of health and safety,
this helps employer to grab the satisfaction level of all employees and provide good working
environment in the company. Along with that employer also provide training and guide about the
uncertain situations, so that employees get to know the safety precautions. As per the article 4, it
is mandatory for rte employer to ensure the safety and security in the organisation. This increases
the motivation level of employees towards the company objectives. For that, company should
contact with different agencies which provides guidance and training to the employees in the
working premises. Employees are the most important factor for the company so in order to that it
is the first priority of employer to protect the health and safety of employees.
Workers compensation: Workers and compensation is another obligation of employer to
provide the benefits to the employees. Compensation is the kind of benefit which is provided by
the company to the employees in some special cases. Like during the working hours and in
company premises, if any employee get injured due to any circumstances, then company is liable
to pay all expenses of employees. Along with that, employer is liable to pay all medical expenses
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to the employee. In case any employee get injured and hurt it is the responsibility of the company
to pay the compensation amount for the same (Marshall, 2017).
Harassment: Harassment is the big offence for the company, it is totally illegal in terms
of law. If any organisation come under this offence, they will liable to face big issues and
problems. Overall, it makes unethical environment in the company. Employer makes sure that
there is nothing happening in the organisation. For that, they need to adopt all policies of
harassment to provide all necessary information. To the employees. It is a violence practises
with the employees, and for that government take strict action against this organisation. Overall
it makes unproductive environment for the employees (Miller, 2015).
Equal opportunity: it is the another significant obligation of employer towards the
employee developments. It is the responsibility of organisation to provide equal opportunity and
equal remuneration is the right of employees. According to the equality act 2010, every
employees should get equal level of opportunity and all benefits from the company side. On the
other side employer should not give opportunities on the basis of discrimination, it is totally
considered as a crime in that case company may faces many challenges and issues.
In business organisation employer is liable to adopt some legal environment to safe the
working environment. Some of the act given below.
 The clean water act 1977.
 Food Quality Protection act 1996. Occupational Safety and Health act 1970
B- Impact of employment law and contract law on business
Employment law is designed to protect the rights of employees in the organisation. It affects the
some are the issues related with discipline, grievances, harassment and bullying. Understanding
the obligations of employer must be very essential to keep the environment safe and secure,
otherwise it impacts on the business environment. Employment law covers the following areas
such as employment contracts, behaviour with employees, working hours and sickness.
It is completely illegal and unethical if company hire employees who is less than 18 years
of age. Employees of under age is not eligible to work in the organisation. The same is
applicable with the contract as well. According to the act of work the first priority of company is
to ensure the safety precautions for the employees in the work premises. To minimize the
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negative impacts it is necessary for the company to adopt all safety and healthy needs of
employees otherwise government take negative actions against those companies (Schill, 2017).
it is the responsibility of the employer to analyse the machines and necessary
acquirement to ensure the employee safety, they need to take review of the machines that
weather they are harmful for employees or not, if in case any injury employer is responsible to
bear all losses of employees. Before applying any new machines or any injurious equipments
employer should check its pros and cons and take protective precautions to remove uncertain
events.
SECTION 3
P4 Suggesting appropriate legal solution for the business problems
There are two types of activities which is taken by the employer which is not good for the
employees that is wrongful dismissal and unfair dismissal. Wrongful dismissal means like
employer terminate employee without any such proof and fault. In such situation contract of
employment has been terminated by the employer because they take wrong activity with
employees. Besides, unfair dismissal means terminate any employee without good reason from
the company, in that case employee should sue the employer against unfair practise.
Case 1
In the first case of Clavin, he is the employee in the fashion house where he has wrongly
judged by the employer which he has not committed. Donna is the employer of the firm. On the
basis of company laws employer is not liable to terminate any employee without having any
proof and evidence. In this case scenario Donna has been judged wrongly due to which they
terminate Calvin, in this case employer have not rights to terminate any employer without given
prior one month notices. Employer checked the cash box where they find that $100 is missing
and forb that Donna thinks that Calvin is the Culprit for this offence. Calvin is the 4 years old
employee in the firm. According to that Calvin has right to sue the organisation for this miss fair
practice (Susetyo, 2016).
Case 2
As per the second case where Kevin's father has owned one convenience store. Due to
some happening they lost his store due to loss of fire. But after some time they reopened the
store at another place. Kevins father wants to claimed the amount of store, but due to wrong
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information filling the form insurance company fails to pay the claimed amount. The contract of
law is breached here because insurer has filled the wrong information. It is very necessary for the
people to follow the all rules and regulations in the contract, at the time of investigation any
undisclosed information if it is found insurance company is not liable to pay the amount. In
accordance of section 26 of contract act 1950 it is the responsibility of claimer to provide all the
important information to the company at the time of acquirement.
In this case due to having wrong information Kevin;s father is not able to take their loss
amount from the company. Claimant needs to provide legal and right information to the insurer
company to make contract valid and safe any miscommunications may breach the contract.
(B) Fraudulent, negligence and reckless, misrepresentation these all activities are illegal in the
eye of law. Misrepresentation is against the common law. Employee has right to sue the
employer if they adopt these wrong activities in the organisation.
P5 Providing justification for the given solution for business
On the basis of given case it can be concluded that at the time of breach of contract, both
the parties are equally liable for the same (Twomey, Jennings and Greene, 2016). As per the first
case where Calvin has full rights to fill the case against Donna. Employer has no rights to
terminate employee without having the strong proof and Calvin has been working for 4 years, as
an employer Dona did not make proper investigation to finds the actual culprit and decide to
terminate Calvin. It is not right way to adopt and in this case employer is culprit and employee
has full rights to take strict action against employer.
In according to another case which is related to the Kevin's father Mr. Dan in this case
due to filling the wrong information in the form company fails to pay the money on the behalf of
loss of fire. In this situation Mr Dan is liable to face the problem and issue without having proper
and right information that contract become void and breach (Twomey, Jennings and Greene,
2016). Due to which company cannot provide the Claimed. For that, they need to provide all fair
information to the insurance company so that at the time of investigation all information should
get proof right. Both the parties have right to share all information related to the contract. So
according to that Mr Den have no rights to claim the amount. On the other side Mr Dan doesn't
haver proper information and knowledge regarding the form that's why they give wrong
information to the company.
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There are different positive and negative impacts of legal solutions on the business
practises (Wilcox and Youngsmith, 2015).
Positive impacts
 Individual receive right amount of claim.
 Solution helps to find the culprit and victim
Negative impacts
 Sometimes there is no scope of any solutions.
 It takes much time to disclose the results.
SECTION 4
P6 Explaining the concept and the benefits of alternative disputes resolution process.
A- Concept and benefits of using alternative dispute resolution
Concept ADR
ADR defines Alternate dispute resolution. It is the process in which different alternatives
are helps to resolve the issues and conflicts between the party. This process is very much
effective and efficient to resolve the issues. The alternative methods are mediation, arbitration
and collaborative law of technique etc. there is the case of Antowon and Tyrell. So that this can
be solved by one of these techniques like by mediation and collaborative law. It helps to
maintain the safe and secure environment (Wolkonski, 2017). Mediation is the method in which
one mediator is appointed to resolve the issues of between the two parties with one great
solutions. It can be solved by the investigation of whole case. In this process mediator listen the
statement of both the parties and take final decision which is correct and effective ( Farhang,
Kastellec and Wawro, 2015). The person who is appointed as a mediator his not belong from the
any of the party. Another technique is arbitration, it is the another effective method to solve the
conflicts. In this method there is one arbitrator in which they did proper research and then come
to the final decision, this process of alternative solution is very much effective, generally this
method of technique helps to solve the commercial level. This technique is perfect to slove the
issue of Antown and Tyrell. There are some benefits of ADR
ADR techniques are the most significant methods to solve the business problems and
issues between the members. For that company also may adopt some more techniques such as
Ombuds in which individual who rely on number of techniques to resolve the issues and
conflicts. This includes counselling, mentoring, conciliating etc. in this techniques' problem
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solver review the case and make recommendation on that. Besides, another ADR techniques is
peer review, Facilitation, Minitrial, Fact finding, Early Neutral Evaluation etc.
Advantages
It is the very much useful and problem solving techniques which provides fair derision.
These techniques are not belongs from any court and legal circumstances. Its all happened
outside court premises (Marshall, 2017). In which both the parties doest not get the interference
of court. Information and any other evidence are kept confidential and safe. This feature helps
company to resolve the issues in systematic manner (Yip and Goh, 2017).
Recommendation alternative legal solutions.
This issues arise in the case of Antown and Tyrell. In this case both the parties are not
satisfied with each other work. For that they may adopt mediation and arbitration technique to
resolve the issue. Furthermore, it can solve by the negotiation skills this will give proper solution
through which both parties get satisfied and happy (Dau-Schmidt, Finkin and Covington, 2016).
CONCLUSION
From the above discussion, it can be concluded that English legal system is very much
important and necessary to maintain the proper systematic environment in British. English laws
concluded common and civil laws which undertake the cases of senior offences. Overall it makes
proper judgement on the basis of proof and evidences. Overall this file was explained about the
different aspects of legal legislations and their importance. Besides, it explains the role of
government in making laws. Overall government makes changes according to the needs and
changing environment, its main aim is to protect the interest of peoples and employees in the
organisation. Along with that, it explained the role of statutory and common law, besides, the
employment and contract law. It discussed that there are different obligations of employer which
is mandatory for the company to abide. It helps to protect the company environment and safe.
Overall, further it was discussed the different cases and their solutions to find the actual decision
making approach. It is very necessary for the company to follow the all rules and regulations to
make its environment safe and secure from uncertain events. Along with that, government needs
to adopt some more set of rules and laws to protect the rights of employees, so that no one can
manipulate the employee moral.
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REFERENCES
Books and Journals
AREA, S., 2014. School of Music (Doctoral dissertation, NORTHERN ARIZONA
UNIVERSITY).
Cheeseman, H. R. and Garvey, J. R., 2014. Business law. Pearson.
Craig, P. P., 2016. The Legitimacy of US Administrative Law and the Foundations of
English Administrative Law: Setting the Historical Record Straight.
Dau-Schmidt, K. G., Finkin, M. and Covington, R., 2016. Legal protection for the
individual employee. West Academic.
Farhang, S., Kastellec, J. P. and Wawro, G. J., 2015. The politics of opinion assignment
and authorship on the US court of appeals: Evidence from sexual harassment cases. The Journal
of Legal Studies 44(S1). pp.S59-S85.
Faulconbridge, J. R. and Muzio, D., 2014. Transnational corporations shaping institutional
change: the case of English law firms in Germany. Journal of Economic Geography. 15(6).
pp.1195-1226.
Hutson, L. ed., 2017. The Oxford Handbook of English Law and Literature, 1500-1700.
Oxford University Press.
Lareau, N. P., et.al, 2016. Attorney's Fees and Costs (Vol. 4). Labor and Employment Law.
Marshall, A. M., 2017. Confronting sexual harassment: The law and politics of everyday
life. Routledge.
Miller, R. L., 2015. Business Law Today, Standard: Text & Summarized Cases. Nelson
Education.
Schill, S. W., 2017. ‘Shared Responsibility’: Stopping the Irresponsibility Carousel for the
Protection of Public Interests in International Investment Law.
Susetyo, W., 2016. Shifting Law Political of State Power in Oil and Gas Law Based on
People Prosperity Principles. JL Pol'y & Globalization 45. p.191.
Twomey, D. P., Jennings, M. M. and Greene, S. M., 2016. Anderson's Business Law and
the Legal Environment, Comprehensive Volume. Nelson Education.
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Wilcox, K. C. and Youngsmith, D. M., 2015. Overview of Equal Employment Opportunity
Laws. California Employment Law. 2.
Wolkonski, D., 2017. The Postal Rule of Acceptance in a Digital World. Does the Postal
Rule apply to E-Mail?.
Yip, M. and Goh, Y., 2017. Convergence between Australian common law and English
common law: The rule against penalties in the age of freedom of contract. Common Law World
Review. 46(1). pp.61-68.
Online References
[Online] UK court structure. 2015 Available through: <https://ox.libguides.com/c.php?
g=422832&p=2887374>. [Accessed on February 2016].
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