BUSINESS LAW - Stages of Lawmaking

This report delves into various aspects of business law, including the English legal system, court structures, sources of law, employment laws, and alternative dispute resolution methods. It discusses the impact of legislation on business problems and provides solutions to legal disputes.

BUSINESS LAW
1

Contents
Introduction......................................................................................................................................4
Section1...........................................................................................................................................5
P1.................................................................................................................................................5
P2.................................................................................................................................................7
M1................................................................................................................................................9
D1................................................................................................................................................9
Task2..............................................................................................................................................10
P3...............................................................................................................................................10
M2..............................................................................................................................................12
Task 3.............................................................................................................................................13
P4...............................................................................................................................................13
P5...............................................................................................................................................15
M3..............................................................................................................................................15
D2..............................................................................................................................................16
Task 4.............................................................................................................................................17
P6...............................................................................................................................................17
M4..............................................................................................................................................19
D2..............................................................................................................................................19
Conclusion.....................................................................................................................................20
References......................................................................................................................................21
2

Introduction
In this report, the aspects of business law are discussed. In the first task, it discusses the law and
object of law. It discusses the English legal system that is separated into two divisions and is
elaborated. The legislature plays a vital role in law making. In second task, it discusses the right
and duties of employer with regard to different legislation such as Health and safety, Equal
opportunities. It also evaluates the impact of these legislations on business problem. In third task,
it discusses the solutions which are provided to the parties in case of business problems. It
evaluates their solution with ADR. In fourth task, methods of ADR has been discussed and
compared and evaluates the solutions provided to the parties.
3

Section1.
P1.
Morality and law differ from each other. The inner concise prevents the immoral acts and the
legal acts are enforced by the courts. The court structure has been established which maintains
the transparency in the application of law. The system of court which is there in UK involves the
set role of the lawyers, barristers and judges. There is a fixed number of composition and the
number of judges in the court (Ilex, 2017).
Barristers directly represent the parties to the dispute before the court once the solicitor has done
his part of work by meeting with the parties to the dispute and advising the possible solution to
the problem. The brief of the case will be done by solicitor to barristers. On certain occasions
barristers may be required to present the case before the court of magistrate and he also performs
the task of advising on litigation and the drafting of the documents. The barristers are employed
by the solicitors and they must be exceptional advocates and experts of law. In both civil and
criminal matters the cases are taken up by the solicitor. There are various courts in which
barristers and the solicitors will be required to represent the case.
Court Structure
Supreme Court:
It is the biggest court of country which plays the significant role in the in the development of the
legal system of UK. It also has leading position in developing the common law in the country.
The 12 number judges include the president, Deputy President and the judges and they are
appointed by the Queen. The interpretation of any legal principle or of constitution that is likely
to have major impact on the interest of general public is taken for the decision by the judges of
the Supreme Court. Here the cases are represented by the solicitors (Uky.edu, 2017).
Court of Appeal:
4

There is 39 lord justice of appeal and lady justice of appeal. Out of the two divisions Criminal
division is headed by Lord Chief Justice and the civil division is headed by Masters of Rolls.
Appeals of criminal nature are heard by the criminal division and civil appeal by the civil
division. Crown court appeals are made to criminal division and the county court appeals are
made to civil division.
High Court:
There is three main functions of this court which includes the trial of the criminal cases of
serious nature, assisting the lord justices and the important matters which are of civil nature. The
judges of the high court are also known as the read judges because of their colourful dress codes.
Under this contractual and tortious matters are taken up by the Queen ’s bench, family matters by
the Family Court and partnership and company law matters are taken by the Chancery Division.
Crown Court:
The matters of indictable natures are the exclusive jurisdiction of this court. There are three types
of crown courts that exist in UK First-tier centres, Second-tier centres and Third-tier centres.
Magistrate Court:
The cases of violation of the traffic rules, public nuisance cases etc. are the subject matter of this
court. This court has only limited power to grant the punishment as well as the fine (Justice Cite,
2017).
County Court:
The initial cases of civil nature which are not complicated are decided by the judges of county
courts only.
Sources of law:
Precedents: The “ratio decidendi” given by judges on interpretation of law as well as on the
basis of the principles of the equity, justice and good conscience become la for the future cases
5

and the same has to be applied in same manner as the statutory law of the parliament. Here the
reason is given by the judges of the court.
Acts of Parliament: It is the Morden source of law and the parliament in UK is leading
lawmaking body. It is one of the organs of the government that is totally entrusted with the
function of making law only.
International laws: Intentional laws that govern the acts of the states at international level when
the transaction takes place among two or more nations. The international laws become guiding
principle of introducing the legal amendment in the home country.
European laws: This was incorporated in UK as law by the European Communities Act 1972.
Therefore it is the legal obligation to follow the EU laws by all courts and people of country on
regular basis to avoid the criminal actions in the court.
Common law: Common law is the source of law which is decided by the judges of the court way
back of years.
Customs: The habitual practices which are in practice uniformly adopted in the whole country or
in any sect of the country will be the source of law and the court decision will be taken in light of
the custom only (Law Teacher, 2017).
P2.
Process of enacting law in country:
Laws are introduced in UK in three distinct ways one is the lawmaking body through
parliamentary process, another is the judicial precedents decided by the judges of court and the
lastly the delegated legislation. When law is made in the parliament then out of the various issues
that require the consideration of the parliamentary member priority is to be set and the most
serious matter is selected to be taken for the making law out of the agenda of the government.
The selected issues will be taken for the white and green paper process where the comment from
the interested persons will be taken (Parliament.uk, 2017).
6

After that process of white paper will take place. Then draft bill will be prepared and the same
will be presented in parliament for further forwarding in parliament. The bill will be forwarded
and it will be taken any of two houses of parliament for discussion. When one houses will pass
the bill by majority it will be sent to another house there also majority of the voting has to be
there for passing of the bill. In the two houses, itself procedure is detailed and bill goes for first
reading and then in second reading voting and the real participation of the Member of Parliament
takes place (Justice Cite, 2017). Then it is send to the committee of expert to view to consider the
requirement of amendment in language of bill and then it is sent back to parliament wherein third
reading member of parliament has power to finally bring the amendment if they require any
otherwise it is passed and ready to be sent to another house where also same process is going to
happen. On passing of bill by two houses the monarch gives the consent to it and bill turns into
law.
Title: Stages of lawmaking
Source: (Ilex, 2017)
7

M1.
The existing English system is combination of the advantages and disadvantages. The
lawmaking and the enforcing of laws both the system are two broad and it is very difficult to
understand the same for the people of country. However to develop their understanding
assistance of barristers and solicitors are there who support their parties and help them to take the
matter before court as well as in throughout court proceedings. To meet the changing demand of
law in country the law commission is playing important role and it gives various report of the
progress of law in country. The experts are there in committee who evaluates the role of a
particular law in country and the effectiveness of it in meeting the object for which it was
created. Recently the law of non-smoking at public places is introduced in UK and other
changes are taking place further which will help in meeting the negative sides of UK legal
system and turning them into positive one.
D1.
The English legal system is one of the effective and strong systems that are prevalent in the work
and some has been made an example in the development of legal system of various countries like
India, Bangladesh because of its effectiveness. The courts are full of formalities and they focus
on the procedures and other aspects as well decision of cases. On certain occasions, negligence
of sufferers can bar his claim due to passing of limitation period as well (Parliament.uk, 2017).
There is no written constitution in UK which is also another source of misunderstanding on part
of citizens and they do not know the reforms that are introduced in the constitutional law of
country.
8

Task2.
P3.
a)
I. Occupational health and safety:
HSW Act 1974 describes both preventive and punitive action for the employer. First of all
employees will have to adopt the precautionary measure to avoid the all haphazard at his
workplace. At the time of employment contract, all the possible hazards and their nature have to
be explained to employees as part of the mandatory duty of employer. Apart from employees
employer also have responsibility towards the people of local community as well. The breach of
such duty will give the chance to the court to enforce the legal action of punitive nature against
the employer (Ilex, 2017). In preventive duty employer can take action for the proper disposal of
waste, for preventing the accident or any other kind of hazard at work maintenance of workplace
can be carried out, the safe working can be ensured by the providing the supervision, training and
other guidance.
II. Workers compensation:
Compensation can be discussed from three points of view. One is the fair pay another is
minimum wages and the third is compensatory pay of violation of legal right of worker. The
minimum wage will be given to each and every employee so that they are sufficient to run the
life and the fair wages will be given as per the rule decide in particular legislation. These rules
will not differ from employee to employee and they will be same. When employer does not
prevent accident and provides the palace of work such which is not proper for safe working and
the machinery and other equipment are not fit for work and because of these accident suffering
is caused to employee then employer will pay compensation for such miss happening because of
his failure (Uky.edu, 2017).
III. Harassment:
9

Like safety of workers is important from physical harm, in the same way, the mental and
psychological health is also to be ensured safe. The harassment of any kind is not allowed at
work and it can be due to abusive languages, unacceptable comments, sings harming reputation
of employee etc. All these kinds of practices must be avoided fully at work and the same is
prohibited under the Protection of the Harassment Act 1997.
IV. Equal opportunities:
Every person e employees will grab the equal chances of to appear for an employment exam, to
be got selected, in case of promotion, in case of termination etc. If at any premises it is found that
the employer is not giving all eligible person chance to be selected and get promoted or when it
is found that the employee is terminated unfairly then that employer is answerable under the
Equality Act 2010 (Welland, 2012).
b)
Under Employment law of UK, there are various rules and regulations that particularly deal with
the employment of the minor person. First of all minor is one who has not attained the age of
majority under the Birth and Death Registration Act 2002. This is set for meeting the object that
the minors are not employed in any kind of occupation that can affect their healthy growth and
development and also that they are trained well and guided by the experienced supervisor to
perform the functions properly. The girl employee was admitted to work at temperature of 360
degree which was too high and training and supervision were also missing on part of employer
was is evident breach of HSW act 1974. The workplace was also one which was poured with
water and slippage is common likely accident which can be assessed by any ordinary man. This
is a very careless attitude of her employer towards all employees who were working for him and
therefore it is important to address this issue before the court and to stop further accidents with
his employees as well as to stop negligence on part of the employers like him (Catz, 2017).
Since her legal right to safe employment under HSW Act is violated she will recover the
compensation as well as amount of legal proceedings and the medical expenditures form the
employer.
10

M2.
Legislation refers to all the acts of the parliament that is made by the members of parliament
after following the due process of two hoses and assent of queen. Standards can be set by the
administrative bodies as well or they can be adopted by the employer also so that safe working
can be ensured. The present employment laws in UK are not so effective and they lack proper
administration on the part of the executive members. New reforms and developments must be
informed of these laws which will cover the more stringent action and liability of employer (Law
Teacher, 2017). With the existing laws, breach is evident on the regular basis and there does not
seem to be the effect of the person of them over the law breakers and they are fearless in making
such kinds of attempts on regular basis.
11

Task 3
P4
Problem 1
This case is related to Employment Act. In this case, the Calvin is an employee and working in
the style house. He is employed for last 4 years. Donna is employer of that house, without
knowing the facts she dismisses the Calvin. Donna checks the cash box and finds that £ 100 is
missing, without knowing the culprit she dismisses the Calvin. It is a case of unfair dismissal or
wrongful dismissal. Unfair dismissal is that dismissal in which employee is discharged from the
job in an unreasonable manner. In this the contract of employment is terminated and the
employer does not have any fair reason to do. Wrongful dismissal is that dismissal in which
employment contract of employee is discharge or terminated. It is the discharge of employee
without providing the notice to employee.
It is asserted that the dismissal is unreasonable and unfair, before terminating the employee
notice must be provided to him by employer. There are certain rights that are available to the
parties, the party can move to the tribunal for wrongful dismissal, the court ordered employer to
provide the compensation, reinstatement to employee. Employment Rights Act, 1996 helps the
employee in case of unfair and wrongful dismissal (Darbourne, 2015).
12

Problem 2
This problem is related with the amount of insurance policy. The details of the case are as
follows in which Dan opens a new store which was destroyed by the fire. After sometimes, a
new store was untied by him at a different location. A proposal made by the company and that
was filled by the Dan. From the above facts it is determined that Dan has not insure for the first
shop, he has to assure the second shop. The insurance company asserted that Dan has done the
misrepresentation regarding the contract that states that the false statement is represented by Dan
to obtain the Insurance. He considers that it is an innocent misrepresentation that was done on
the part of Dan. There are there types of misrepresentation Fraudulent, forgetfulness, and
reckless misrepresentation. Fraudulent misrepresentation is that in which parties made the false
representation. Reckless misrepresentation is that in which parties believe that statement of fact
is reckless and forgetfulness misrepresentation is that in which there is no sufficient reason to
believe the truth.
From the above facts of the case, it is determined that Dan did not conceal any facts, or there
was no misrepresentation on behalf of Dan and there was no innocent misrepresentation on
behalf of Dan. It is also stated that Dan has bonafide intention. There are certain remedies which
are given to the Dan, by tribunal they are the compensation, reinstatement (Mondaq, 2018).
13

P5
There are different regulations, legislation that helps in the business problem. The first case
relates to the wrongful and unfair dismissal. Under section 86 of Employment Rights Act, 1996,
it states that it is the right of employer to provide the notice to employee. Various other rights are
provided to the parties such as compensation, re-instatement. The related case law is Chagger v
Abbey National plc. & Hopkins (2010), in which employee is terminated unreasonably. The
court ordered the restoration for employee(Monster, 2016).
In the second problem, the case deals with the amount of policy. In this problem the company
assumed that misrepresentation was done by Dan. But this fact is not true Dan has bonafide
intention he did not do any misrepresentation and did not conceal any information from the
insurance company. There was a case in which Eliza applies for the insurance policy, the
company makes a proposal and it was filled by the Eliza in a negative manner. The company
ordered to restore the process in Eliza v ACE. The Dan has entitled to receive the compensation.
It is recommended that the Calvin and Dan adopt the process of ADR to resolve the disputes as it
incurs a high cost for parties to adopt the litigation process (Grimshaw, et. al., 2017).
M3
There are positive and negative impacts of above both problems. In the case of wrongful
dismissal, the party is entitled to the compensation that creates a positive impact on the parties
the negative is that he discharges from the job for the unfair dismissal. Solution is provided to the
parties in the case of business problems. It has pros and cons, the pros are the employer did not
fire the employee from the job without providing him notice. In the second case, the person who
adopts the policy must be aware of every fact while making the proposal, it is the pros side. The
negative impact for both the problem is that it destroys the relations between the employer and
employee (Mondaq, 2018).
14

D2
Solutions can be provided to the parties. There are two approaches they are traditional approach
and modern approach. The process of litigation is traditional approach and ADR is to be modern
approach. In the litigation process, the parties can settle their disputes through the court and
judge provides the decisions to the parties. They give the verdicts after a long time as they have
to evaluate each and every aspect of law. The litigation method is costly and takes time. In
modern approach, ADR provides the quick solution to the parties. An arbitrator is appointed who
helps the parties to reach at the solution. It takes less time and incurs less cost.
15

Task 4
P6
a.
Alternative dispute resolution: It refers to the process of settling disputes without the method
of ADR such as adjudication, mediation, and conciliation. The process of ADR permits the
parties to come with original resolutions that are not permissible by the court to impose.
Benefits of ADR:
There are various benefits which are provided to the parties in respect of Alternate Dispute
Resolution. ADR is suitable for the disputes between different parties. It provides the practical
solutions to the parties and incurs the less cost for them. In ADR wide range of issues and
considerations are to be discussed. It can resolve the disputes in amicable manner (Findlaw,
2018).
Forms of ADR: ADR has many forms such as Arbitration, conciliation, mediation.
Arbitration: Adjudication is the method for the determination of arguments outside of the
court, where the parties refer their disputes to one or more individual and they are assured of it.
In the process of arbitration the arbiter is appointed and he provides the decision to the parties.
The decision provided by the arbiter is final and binding on the parties.
Conciliation: It is a technique of ADR process in which parties use a conciliator, that conciliator
meets with the parties and provides the solution to them or resolves their dispute. The main aim
of a conciliator is to do this so that the tensions can be lowered and they can improve the
communication skills. Conciliator assists the parties to develop the objectives and outcomes.
Mediation: It is the structured, interactive process where a neutral third party assists the party in
resolving the disputes. The mediation focus on the rights needs and interest of parties. The main
aim of mediator is to negotiate a settlement between the parties. Adjudication and Negotiation:
Adjudication is the legal process in which judge reviews the argumentation and proof that
16

includes the perceptive by the opposing parties. It also determines the rights and obligations of
parties. Negotiation is the communication between two or more people to reach at the solution.
The main of negotiation is to resolve the disputes between the parties or to gain advantage for the
individual (Findlaw, 2018).).
Ombudsman services: Ombudsman is an advocate who has the responsibility to investigate the
action of public authorities. Ombudsman helps the parties and provides the services at free of
cost.
b.
This problem relates to the Alternate dispute resolution. The problem arises between the Tyrell
and Anwton, in which Tyrell is the owner of the company and Anwton is the person who owns
the business. They both are handling the business of computer software and they are not able to
reach the solution. They want to maintain the relationship also, the solution provided to the
parties are the methods of ADR. They can adopt any method but the suitable method is the
mediation. Mediation is the process in which mediator is appointed that assist the parties in their
discussion. It does not provide the solution but it helps them. Mediation can solve the business
problem easily. The mediation is inexpensive as compared to other methods. It is a simple and
easy method.
17

M4
Arbitration: It is the way of resolution the disagreements by the formal and rigorous process.
In this process, arbitrator is appointed he can be judge, lawyer that helps the parties to settle their
disputes. The main aim of arbitrator is to provide the decision to the parties regarding the
dispute.
Mediation: It is the effective form of ADR that allow working cooperatively to find a solution.
In mediation, the disagreements can be resolved more quickly and with less expense. The main
aim of mediator is to negotiate between the parties and help them to reach an agreement
(Resolution Institute, 2018).
D2
The legal solution can be given in two ways. It can be in the form of litigation process or in the
form of Alternate Dispute Resolution. The litigations are the process in which court involves
and it is the process of bringing or contesting a claim. It focuses on the facts that are concerned
with the past. The method of litigation is costly and it is highly structured. Alternate dispute
resolution helps to resolve the conflict between the parties. It includes the arbitration,
negotiation, conciliation. The main aim of ADR is to determine the rights of parties. It is less
structured and flexible process. It provides the quick solution to the parties (Law shelf, 2017).
18

Conclusion
Laws are to sever the social good and for this individual acts are to be restricted to some extent.
The employment law restricts the act of employer and makes him obelised to certain practices
which are necessary for the protection of larger employee interest. The employment laws are to
be encouraged to be followed in the country so that better business environment can be
developed. This will help in the safe transaction on part of the investors and employees. The
absence of law will not help in expansion of the business as no outsider will be able to trust the
dealing of the business organisation of the country unless the laws are effective and able to
protect the interest of the weaker section when the breach occurs. So the legal and ethical
practices are necessary to be encouraged for making the safe trade environment.
19

References
Catz 2017, Equal Opportunities - Equality Legislation. Available at:
http://www.stcatz.ox.ac.uk/equal-opportunities/equal-opportunities-equality-legislation.
[9 February 2018]
Darbourne, C., 2015. Wrongful and unfair dismissal in the UK. Available at:
https://www.globalworkplaceinsider.com/2013/07/wrongful-and-unfair-dismissal-in-the-
uk/. [9 February 2018]
Find law, 2018. What is Alternative Dispute Resolution? Available at:
http://hirealawyer.findlaw.com/choosing-the-right-lawyer/alternative-dispute-
resolution.html [9 February 2018].
Grimshaw, D., Johnson, M., Keizer, A. and Rubery, J., 2017. The governance of employment
protection in the UK: how the state and employers are undermining decent
standards. Myths of employment deregulation: how it neither creates jobs nor reduces
labour market segmentation, p.225.
Ilex 2017, The Legal System of the United Kingdom. Available at:
https://www.cilex.org.uk/about_cilex/about-cilex-lawyers/what-cilex-lawyers-do/the-uk-
legal-system. [9 February 2018]
Justice Cite 2017, What is the Structure of the UK Court System? Available at:
http://new.justcite.com/kb/editorial-policies/terms/uk-court-structure/. [9 February 2018]
Law shelf, 2017. Advantages and Disadvantages of Mediation. Available at:
https://lawshelf.com/courseware/entry/advantages-and-disadvantages-of-mediation [9
February 2018].
Law Teacher 2017, Explain The Sources Of English Law. Available at:
https://www.lawteacher.net/free-law-essays/constitutional-law/explain-the-sources-of-
english-law-essays.php. [9 February 2018]
20

Mondaq, 2018. The Fraud Act 2006. Available at:
http://www.mondaq.com/uk/x/69800/White+Collar+Crime+Fraud/The+Fraud+Act+2006
+Has+It+Had+Any+Impact [9 February 2018].
Monster, 2016. What is unfair dismissal. Available at: https://www.monster.co.uk/career-
advice/article/what-is-unfair-dismissal-uk [9 February 2018].
Parliament.uk 2017, Making laws. Available at: http://www.parliament.uk/business/lords/work-
of-the-house-of-lords/making-laws/. [9 February 2018]
Resolution Institute, 2018. What is mediation? Available at:
https://www.resolution.institute/dispute-resolution/mediation [9 February 2018].
The Supreme Court 2017, Role of The Supreme Court. Available at:
https://www.supremecourt.uk/about/role-of-the-supreme-court.html. [9 February 2018]
Uky.edu 2017, Workers' Compensation. Available at: http://www.uky.edu/hr/more-great-
benefits/workers-compensation. [9 February 2018]
Welland, S., 2012. Equal Opportunities in Recruitment. The University of Birmingham.
21

22