ADR Process and Recommendation for Employee Dispute

This assignment delves into the concept of Alternative Dispute Resolution (ADR), highlighting its benefits such as saving time and cost, confidentiality, and providing a single procedure for settling disputes outside court. It recommends arbitration as a suitable ADR method for resolving a dispute between Antwon and Tyrell, emphasizing its potential to maintain their relationship while keeping the process confidential.

Business Law

INTRODUCTION
Law is form of moralities which are documented and applied by administration of
country. The rules of law are considered as civil conduct which are also prescribed by supreme
power of state and commanding on rights things to prohibit wrong effects. It is essential for those
people who are starting new business so that they can find out their answers regarding rules and
regulations which are applied to their business entity. Business law covers a wide breath of topic
which includes rules about protection of employees, how their business conducted, insurance
requirements and many more (Cameron, 2017). In present assignment, English legal system of
UK has been discussed in detail along with their source of law. Moreover, different laws which
has to be comply with organisation in order to sustain in market for a long period of time. Apart
from this, some case laws have been discussed in regarded to employment and contact law. In
last, alternative dispute resolution concept is discussed with their advantages.
TASK 1
P1 Different sources of law and English legal system
United Kingdom is constitutional monarchy which does not considered single document
in their constitution. There are many laws which has been made over 100 years and these are
creating problems for resident people as well as business firms in understand them properly. The
structure of English legal system has been described in context to resolve their conflicts
(ENGLISH LAW RESEARCH GUIDE, 2017). below mentions diagram is showing the structure
of English court when any proceedings start in law of court.
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Figure 1: Structure of English System
(Source: English Law, 2017)
First comes apex court which is uppermost courtyard in UK and petitions from lower
court goes there when some disputes are not resolve by lower session of court. But it should
contain a valid reason.
Civil court Criminal court
Country court – This session of court is
considering civil actions of parties. As many
disputes are arising between parties regarding
recovery of debt amount, consumer disputes
regarding goods and services.
Justice court – It considered first tier of
criminal justice. It deals with those matters
which are considered as serious offence and
their imprisonment is up to 6 months. Those
cases which are of serious in offence and
imprisonment is less than 6 months. In this
session, judges are deciding that whether
documents are considering enough evidence
that matter should go in Crown court as trail.
High Court – In this, appeals are made from
country court where parties are not agreeing
with the decision of lower court. But
Crown courts – In this, judges are hearing
those cases which are of serious offence and
imprisonment is more than 6 months.
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sometimes it also takes those actions which are
commenced for first times (Cappelli and
Keller, 2013).
Appeal of court in civil division – It
considered those cases where appeals are made
from high court.
Appeal of court in criminal division – Here,
appeals from crown court are made by parties
who are not agree with their decisions.
However, there are several bases of law which is described as below in detail. It will aid
to whether it is large or small company to operate their operation functions smoothly in
competitive market.
Figure 2: Sources of law
(Source: Sources of English Law, 2015)
Legislation – It is of two types i.e. first-hand and second-hand sources. Primary
legislation deals with statutes which is recognised as Acts of parliament. These are also reflected
as vital foundation of regulation. On other side, secondary legislation is also recognised as
delegated legislation. Here laws are made by local authorities that power has been granted by
parliament to make specific laws regarding for special purpose.
Case law – In this, judgment and decision are given by higher courts for inferring the
meanings of statutes. Generally, there are two types of law which are considered here i.e.
criminal and civil (Sources of English law, 2015). If matter is related with money, goods or
services or anything, then case will prefer to civil court. Whereas matter is of serious nature such
as murder, theft, violence then it will go to criminal session of court. The decision which are
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taken by judges are based on existing rules and regulations which is previously applied to
another case.
EU legislation – UK become the member of EU in 1973, laws of European Union are
implemented on country to fulfil their obligations under one treaty. EU legislation doesn’t
replace English law. UK has to obey EU laws which hasn’t created by their representatives.
Legal text – In this, text or books are written by highly qualified lawyer which in related
with their fields. For example, Joseph Chitty is best known for contract law. But these text does
not constitute in source of law and they are used by courts to decide to conclude valid reason for
dispute parties.
Apart from this, there are some acts which has to be considered by every organisation so
that they can provide legal services to people.
National minimum wages act, 1998 – This act has been created for minimum wages.
The currently wages of worker or staff who are above 25 years is £7.50 per hour, £7.05 per hour
for employees who are between 21 to 24 age and £5.60 per hour for labour whose ages is
between 18 to 20. If employees are doing part-time job, agency, offshore worker and many are
also entitled for getting minimum wages amount.
Working time regulations 1998 – This act applies to all organisation in which
employees are doing a full time job (Clauwaert and Schömann, 2012). Here, employer can set
the time of employees regarding their working hour which is 48 hours per week and worker have
to do work accordingly.
P2 Role of government in applicability of laws
Government of UK are playing essential role in making law because they are forming
rules and regulations for the benefit of people as well as organisation. Generally, it takes long
process when governments are making or passing any bill. Sometimes they are also having to
make laws regarding to protect the rights of citizens with the approval of parliament. The ideas
which are presented by member who are present in parliament session are drafted in ‘green
paper’ which also gives initial outline of thoughts. Below are stages where bill has to be pass
through stages and it also considered house of lords and commons.
First reading - This is considered as decently official phase, where no discussion has
been done on drafted bill.
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Second stage – In this step, arguments has been done on key principles of bill which are
detained by chamber. It will help to members in finding out key areas that why bill should be
passed.
Committee stage – In this, detailed line-by-line scrutiny of bill take place in both houses
of lords and common. Along with these amendments will also take place with votes whether to
mark variations or not.
Report stage – This phase take place in chamber. Only alterations are debated here.
Further votes also taking place either to make changes or not (Dalton and Dalton, 2011).
Third reading – The members are doing general discussion on bills which is invariably
taking place immediately after report. But in this amendments are not possible and it considered
as tiding up stage.
Later stage – Now, both houses of parliament are agreed upon those bill before it
converted into act. The amendments which are done in both houses are considered here.
Royal assent and beyond – When the bill has been approved by both houses, now it is
passed to Royal assent which has been indicated to assembly. After the acceptance by queen,
then law becomes act of parliament.
In above all stages, both houses are playing a significant role because they are
highlighting problems and improving the bills so that bill cab be workable for all people as well
as organisations.
Moreover, statutory and common laws are also playing vital role in UK. These laws are
formed for the benefit of local people and prohibit those activities which are causing damage to
them. The judges are applying these laws which also maintain dignity of court in own country.
Common laws are developed when rules and regulations has been made on the basis of
preceding’s. In this judges are also having opportunity to make new rules where statutes will not
take place (Felstiner, 2011). Whereas statutory laws are reflected as official form which make all
rules on written legislation. These rules can be obligatory or not to apply them.
TASK 2
P3(a) Employer’s obligation and their impact on organisation
The government of UK had framed many rules and regulations in regard to protect the
rights of employees or individuals and give them also some benefit. It is crucial for all entities
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whether they are big or small have to considered entire laws or regulations which also help them
to run their functions in easy way. Moreover, it is duty of employer to protect rights of staff or
workers when they are performing any task at workplace. Thus, below mention are some acts or
laws which defines an employer obligation at workplace.
Occupational Health and Safety – Health and safety act 1974, also considered this act
because it compliance with health and safety of workers and employees. In this many policies
have been framed by NHS which also enables safety management structure of workers. At
workplace, employers have to conduct proper training to workers regarding their task or
equipment’s what they are using (Folsom and et. al., 2012).
Workers compensation – As per provision of worker’s compensation act 1897,
employers have to guard the privileges of employees, if any injury has taken place. It is their
responsibility to provide them compensate amount regarding illness or injury. But this act was
substituted by Employer Liability Act 1880. It provides legal context to bosses in setting out
parts and duties of injured staffs.
Case, Painter has a fluid dine and falls down an Uncluttered Elevator Shaft, decision
of law court was held that worker was not furthering the commercial of employer when he went
to take insufficient drinks at lunchtime and therefore, he was not eligible for providing the
benefit of worker’s compensation amount.
Harassment – The liability of employers is arising under legislation of employment and
bosses are held responsible beneath Defence from Harassment Act 1997. This act provides
remedies for both case laws i.e. criminal and civil.
Equal opportunities – Equal opportunity act 2010, it is duty of employer to provide
equivalent rights to staff at workplace. Moreover, they do not distinguish any worker on the basis
of colour, nationality, race, sex at workplace. Equal opportunities should be provided to all
employees who are working in organisation.
Case law, X v Mid Sussex Citizens Advice Bureau [2012] UKSC 59, supreme court
lined that actions of voluntary advice-worker did not establish any work for the determination of
commands under art 3(1)(a). Thus a volunteer fells outside the scope of disability of
discrimination which are provided by directives and under act of 1995.
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An all above cases, if these are not complying by companies or bosses in entities or firms,
then it influences on their reputations (Hung and Law, 2011). It can become hard for them to
retain in market.
P3(b) Employment and contract law
A contract of employment is created among employer and worker which offers lawful
relationship. a contract between both are start when offer of employment is accepted by
employee. In this agreement, all terms and conditions are specified which has to be perform by
employees at workplace. In given instance, health and safety act 1974 is applied. It provides
legal framework for employees to ensure about their duty (Health and Safety at Work etc Act
1974, 2017). The following are provisions which are considered in this; provide maintenance
regarding safety system of work, keep healthy environment, conduct proper training in regarding
to use equipment’s to perform their task and many more. The contract between employer and
employees are exit until and unless their agreement has been expired.
With references to given case, 16 years old girl employed in fast food restaurant who is
frying cookies. She falls down on floor because there is problem in ice-making appliances and
from this water was leaking. But unluckily her hand went into bottomless fryer which having oil
temperature of 360°F. On same day, there was a less number staff and team leader was working
on money accounts rather than monitoring them.
According to act of employment, associations are not allowed to keep offspring whose
age is below the year of 18 or 16 or as per decisions of court. If they are employing any children,
then they have to monitored them properly on regular basis. Now, it is responsibility of team
leader to observe all activity which is executing by girl. So, they are responsible for to
compensate to damaged girl.
TASK 3
P4 Legal solution for business problems
Many privileges of employees which is framed by government. One of the right of
employee is that if any company is firing them without any legal intention, then they are having
authority to file case against them. Employees are having right to claim under unfair dismissal if
they are qualifying under contract period.
Date of service on-going At what time an employee can suit
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Before 6th April 2012 After completing first year of employ
After 6th April 2012 Completion of 2 years of employment
But there are some employees who cannot claim for unfair dismissal i.e. independent
contractors, workers who are working under in illegal contract for example under the age of 18,
self-employed people and many more (Law, Buhalis and Cobanoglu, 2014). Employment act
1996, unfair discharge is described in section 96, which means boss is firing any employee
without having valid purpose.
In first situation, in large house fashion Calvin is working as a designer and he was
employed since four years. Donna was his employers who arrive at workplace on Monday
morning and find, some pound was lost from her petty money book. On that day, there were also
another employee who are employed in organisation but this woman dismissed Calvin while
saying this, ‘Calvin will not work in organisation anymore because he was thief”.
But according to unfair dismissal act, Donna is not able to terminate Calvin on the basis
of only doubt. If it is important in interest of fashion firm, then employer have to obtain one-
month advance notice or advance salary. If in case unfair disable conduct with Calvin, then he
having right to file lodge against employer in order to recover among to compensation equal to
advance salary amount.
In another circumstance, Dan running a store and fire took place. so. His store was
destroying. When he fills the application for demanding the loss amount, then query was asked
by him that ‘Did you taken any claim amount on indemnity policy in past 2 years?’ but the
answer is ‘no’. According to insurance firm refuses to compensate the loss amount.
As per insurance act, there is not specification of any time where a person cannot recover
the loss amount. But in situation of Dan, he can plead in law court for getting loss money and it
depends upon company to give them amount or not.
P5 Justification of solution
According to employment act 1996, it provides various legal framework regarding
employees’ rights. If any worker or staff is terminating from organisation, then they have to
provide valid reason for this. In section 94, workers are having right if unfair termination is
taking place, then they can suit against them (Lazonick, Scherer and Palazzo, 2011). But, there
are some situations where employees can be terminated from entity which is detailed elucidated
in section 95 of cited act.
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1. Below mention are reason if employee is terminating from employment.
If employee is employed under employment agreement and boss is terminating workers.
2. If employer had given notice period for breaching of employment convention with
employee.
In first case, Donna have to serve notice period to Calvin. If she is performing this
function properly, then second chance should be given and allowed him to keep his point of
view.
But in second, Dan is having authority to write written request in court for pleading
amount from insurance company.
Case law, British Home stores ltd v. Burchell, result of court detained that when appeal
was made by organisation, which was accepted by them. It was also found that Burchell had
conducted illegal action in organisation (Ye and et. al., 2011). Further, employer of British home
store has also conducted proper investigation so that they can prove in court. Moreover, they had
also carried out reasonable steps for investing in collecting valid evidence.
TASK 4
P6(a) Concept of alternative dispute resolution process and advantage
ADR refers to settling up any arguments outdoor the court. It comprises with various
terms such as negotiation, conciliation, arbitration or mediation. It will be beneficial for those
parties who don’t want to go any court litigation process. It saves the time of both parties and
also opportunity of being heard is also given. When any disputes are arising between parties,
then they are having right to appoint third person to resolve their disputes (Shapiro and Pearse,
2012). Following are some advantage of ADR which also gives advantage to dispute party also.
Single procedure – It is considered as single procedure where parties are having right to
settle their disputes rather than go to court.
Save time and cost – It saves times and cost of both parties. Along with this, the results
are coming faster so it provides flexibility.
Confidentiality – Court judgement or cases are usually held as public record. But this
process is confidential, if disputes are settle with the help of mediation or arbitration than no
public record exists.
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P6(b) Recommendation on alternative legal solution
The concept of ADR is several from another country. In USA, if any disputes have been
arising between parties, then are also having right to use this development. In arbitration, there is
an interference of another party to settle the arguments. Third person is giving opportunity to
both parties to listen their issues. Along with this different suggestion are also taken from them
to resolve their disputes (Wang, Yeung and Zhang, 2011). On other side, in UK this process is
also useful for parties even for organisation to resolve their disputes.
As given in case scenario, disputes have been arising between Antwon and Tyrell. They
wish to maintain their relation and settle their incidents without intervention of court. So, through
arbitration they can resolve their case. Through this, they can also maintain their strong relation.
While using these process it will save their time and cost as well also.
CONCLUSION
It can be comprehended from above assignment that, there are numerous acts which has
to comply with business entities to provide legal amenities to consumers. Moreover, it is duty of
manager to protect rights of workforces at workplace by providing them healthy and safety
environment. Further, if termination takes place of employee without having valid reason, then
they are having authority to sue against them. In last, it will be beneficial for parties to resolve
their disputes through ADR in order to keep their record confidential also.
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REFERENCES
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