English Legal System and Alternative Dispute Resolution

The given project examines the systematic structure of the English legal system, including the government's effective role in law-making. It highlights the preparation of draft bills, royal assent, and the significance of ADR in resolving disputes. The study also discusses various books and journals related to business research methods, bioethics, and the law, providing insights into Gibrat's law and persistence of growth in Greek manufacturing. Furthermore, it touches upon regulatory preferences, CSR, soft law, and hard law. This project offers a comprehensive understanding of the English legal system and ADR processes.

BUSINESS LAW

INTRODUCTION
Business is the legal term which is able to dictate to companies how to form and run
business. It consists various laws which governs start, manage, control firm. Certain duties and
responsibilities of employers mentioned under this law (Ribstein, 2010). Legal authorities play
significant role in law making process which is discussed in present project. There are several
sources of law, helpful in law making process and able to easily resolve matter of parties.
Alternate dispute resolution is the alternate way to resolve matter of people and provide best
possible to advice to them.
TASK 1
P1. Systematic legal structure as well as different sources of laws.
English law system is responsible to comply with systematic structure of law in order to
maintain smooth functioning (Pope, 2010). Through this legal authority should complete
functions one after another. It is beneficial for people because parties can lodge their complaints
according to status of case. Like criminal cases must be lodge in criminal courts only and other
cases lodge in civil courts. Through this they receive fair and quick justice. The main purpose of
English law system is to resolve matter of parties and easily resolve their dispute as well. It is the
systematic structure which is able to secure rights and interest of parties.
There are several types of sources are available to make laws which are as aligned below-
Constitution- It is the biggest source of law which consists different rules and regulation
and bound entire country to follow the same. It mentioned duties and roles of every legal
authorities and separate their powers as well. The constitution of United Kingdom is not
presented in written form. Also it defines fundamental rights or duties of people. So that, no firm
can have denied with such rights. The Constitution of UK has been presented in unwritten form.
Also parliament is responsible to provide judgement according to the policies and procedure.
 Working time regulation act, 1998- As per this act worker are only able to do
work 9 hours in a day and 48 hours in a week. This law applied on every
organization in order to protect rights of people. In case they worked more than
specified time than employers must pay extra amount to them as overtime which is
higher than normal. The Working Time Regulations (1998) implement the
European Working Time Directive into GB law.
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 Pensions act, 2008- If person provide services more than 10 years than he is able to
receive pension after leaving the job. This is the compulsory amount which every
company have to pay to their employees who are capable for the same.
 Trade union and labour relations act, 1992- This act is able to resolve matter of
employers and employees of the firm. Members have to motivate workers to
performance their functions in effective manner. Also try to complete task on time
as well.
Executives- It include precedents, who having power to make laws. It is also considered
as sources of law. They are bound to follow steps which are mentioned for them.
 Primary Sources- It comes in the following forms: Case law made by the courts,
Legislation enacted by Parliament, European law
 Secondary Sources- Refers to commentaries on the law: Legal Encyclopaedias,
Parliamentary and Non Parliamentary Documents, Law Journals, Textbooks.
 Treaties- It has been considered as legal procedure. In which legal agreement
framed among two of more states. In this process each state selects one
representative to frame and sign written document.
P2. Role of Government of United Kingdom in law making procedure.
Legal authority plays effective role in law making process. They are responsible to protect
existing laws through framing of further rules. The main objective of Government of UK is
provide equal opportunities and rights to people in order to increase their standard of living.
Members of such legal body have to collect information or data from number companies that
firms provide or not proper right to employees (Bryman and Bell, 2015). It can have imposed
restriction on employers to follow their responsibilities in effective manner. Various stages
mentioned for the law making process which have to be fulfilled by government of UK. Firstly,
they prepare draft of law in written format. After this step draft should be presented in front of
parliament in order to receive approval. After receiving royal assent, the draft becomes law and
implement in entire country. This is the effective process which have to be followed by legal
authorities.
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On the other side, common as well as statutory laws are also become important part of law
making process (Gjølberg, 2011). Judges use common law while resolving any specific matter of
parties. So that, they to look on previous cases which are relevant with current cases. Statutory
law needs to be enacted by legislative body as these are vary from regulatory. Such laws are
created by the decision of the prior court.
TASK 2
P3 (A). Duties of employers.
Health and safety.
Health and Safety Act 1996, restrict employers to performance their functions in effective
manner. They have to conduct proper training session for their subordinates in order to enhance
their working performance and work quality. Provide proper safety equipment to them while
they are working on hazardous machines. Must offer clean and safety working environment to
them in order to protect their interest or rights. Every company must appoint trainer for the
purpose of enhance work performance of employees. Health inspector is responsible to take care
such activities. Firms must maintain proper medical rooms and health care services in premises.
Compensation.
Compensation is the amount of money which needs to be paid by employers to their
employees whenever it required (Garoupa and Liguerre, 2011). It should not be included in
salary or compensation. In case due to negligence of employer, damages caused to employee
then employers are responsible to pay amount of compensation equal to damages caused to him
or specified under law. This is the compulsory payment which is needs to provide by employers
as per the rule of law. No further law can protect them such process in order to protect interest of
workers.
Harassment.
This is the word which mainly used for the exploitation of rights and interest of existing
labours. Such activities considered as wrongful act for which legal authorities imposed
restrictions. No firm can exploit rights of any person as it has to provide equal rights and
opportunities to people. Protection from Harassment Act 1997, defines that harassment is the
critical situation which create stress on the mind of employees. It is mainly considered as crime
prevention act which can control crime from the country and protect interest of people as well. If
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person suffer from this situation, then they can file case against employer under this act in order
to receive amount of compensation for the same.
Equal opportunities.
Equality Act 2010 is able to reduce discrimination at workplace. Certain provisions are
mentioned to provide proper training as well as education to employees (Glenn, 2014). No
discrimination is possible on the basis on age, caste, sex, race and much more. Employers have
to treat each and every employee in equal manner. Recruitment and work should be allotted to
them on the basis of their education, qualification and experience rather than any other reason.
this situation violating dignity of person which is not good for their future.
P3 (B). Employment as well as contract law.
Contract of Employment Act 1963, define roles and duties of employers which needs to
opted by firm. Certain rules are imposed on them so that, employers need to perform their
functions accordingly. In this act, it has to stated that employer have to provide advance notice or
salary before dismiss any employee. Also Employment Act 2008 is able to protect interest of
existing workers of the company. It provides further remedies for both employer and employee.
Labours having right to work in clean and safe working environment. It is the mandatory
requirement which needs to be followed by every firm (Sprague and Lyttle, 2010). No firm can
dismiss employees on the basis of doubt only, they have to must obtain proper notice for the
same in written form. Otherwise, employers should face severe penalties.
An agreement which is enforceable by law has been considered as legal contract. It is
framed by two or more parties in two different ways through written and verbal form. Matter for
which they come in contractual relationship must be enforceable by law.
In present case, 16 years’ girl sustained with several burns to her lefty hand. She worked in
fast food making firm and working on deep frying range. Due to leaking of water from ice
making machines got slipped into water and accident of burn caused with her. That premises
should be monitored by team leader. But due to his ignorance serious injury caused to girl. Team
is responsible to maintain safety at the workplace but he failed to do so. Due to such injury she
was not able to do work in any premises for long time (Dolgin and Shepherd, 2014). So that, she
having right to file case against employer in order to receive amount of compensation. But she
needs to prove some points in court which are as aligned below-
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Duty of care- As per given case there is duty of care imposed on team leader. He has to
manage safety working environment to employees. He has to clear water from premises in order
to avoid accident.
Breach- Due to breach of duty accident occur with employees and damages caused to
them as well. In present case team leader breach his duty because he not clear water from
premise which is leaking from ice making machine.
Damages- In present case severe damages caused to 16 years old girl. As she sustained
severe burns in her left hand is not able to use for long time.
Remoteness- Damages which are caused not able to control by companies.
TASK 3
P4. Solutions for legal disputes.
(1)
There are various business problems arises in companies which can be resolve by some
specific laws. Companies have to maintain effective relation with their employees (Coase, 2012).
There are further solutions has been provided to organization for getting the things resolve in
effective manner. In the present case, Calvin is the designer who employed in large fashion
house from last 4 years. One day in the Monday morning his employer name called Donna
arrived. Arriving she found that her 100 pounds are missing. On the basis of this reason she
dismisses to Calvin without obtain any written notice. She thinks that Calvin theft her money.
But according to Unfair Dismissal Act 1977, no employer can dismiss employee on the
basis of doubt only. She has to obtain prior notice for the same. But the act which is done by
employer has been considered as wrongful act. For the same reason Calvin can file case against
Donna and receive amount of compensation as well. Furthermore, this is the specific solution
which is provided to employees as per the rule of law. In which Calvin can receive one-month
advance notice or salary.
A wrongful dismissal is a dismissal in breach of contract and the only relevant
considerations for a court or tribunal hearing such a claim will be the contractual obligations of
the employer.
(2)
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Every person can secure their assets through invest some amount and receive the same
when such goods got damage (Fotopoulos and Giotopoulos, 2010). The further process is called
as insurance. In the given case, Kevin’s father Dan owned small store but such got destroy
through fire. After that Dan open another store at different store and applies for insurance. Due to
this the members of insurance company asked question to him that he receive amount of
insurance claim 2 years ago. But in confusion he said no but in real he received amount of claim
23 months ago. So that, on the basis of this reason insurance company refused his request and
not provide claim to them. According to rule of law, no specific time has been specified for
receive amount of insurance claim. For their problem business law offer solution to Dan he can
lodge complaints against company and receive amount as well.
P5. Justification for several solutions.
Every business problem or dispute due to various rules and laws. Legal authorities
introduced several laws to get things resolve. The case of Calvin person can file case receive
one-month advance salary and strict liability has been created on his employer name called
Donna. On the other hand, in another case Kevin has a right receive amount of insurance claim
equal to amount specified under law.
TASK 4
P6. (A) Alternate dispute resolution.
Courts introduce different type of legal bodies in order to resolve matter of parties.
Through this burden of courts become reduce and no further pressure created on legal
authorities. Here, different legal bodies stand for Alternate Dispute Resolution (ADR). Through
this dispute of parties easily getting resolve in effective and timely manner. Just like, parties
lodge complaints in courts same as they can lodge case in ADR. But this concept is able to prove
fair and fast justice to people (Scherer, and Palazzo, 2011). Parties becomes satisfy through this
legal concept. But people cannot same case among parties at same time in both courts as well as
ADR. But if decision provided by one legal body than they file case in another. It offers fair and
quick justice to people. It can avoid payment of courts fees and also ignore appearance of parties
on the date of hearing. There are different types of ADR which are aligned below-
Arbitration- In which matter has been resolve by mediator known as Arbitrator. He is
responsible to resolve matter of parties. But he has to first identify the matter among them and
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provide opportunity of being hear. After he take final decision and parties are bound to follow
the same. Final decision provided by arbitrator known as arbitral award.
Conciliation- This is another legal system which is resolve dispute of people. Also
parties can lodge their complaints in such legal body. The person who resolve matter among
parties is known as conciliator (Veblen, 2015). He firstly investigates the real matter then give
final decision which is known as settlement agreement. In which one party have to compromise
for another and sign the written document.
Ombudsman- It is also legal body which is perform as like public advocates. They must
be appointed by parliament. They are responsible to protect interest of people and secure their
rights.
Negotiation- In this legal procedure one of the both parties must do compromise and try
to resolve their matter. Through this process legal authorities resolve their matter in timely
matter and no further argument has been created among them.
P6. (B) Recommendations
The legal system of United Kingdom is better than any other country like Australia, India
and much more (Whish and Bailey, 2015). The main focus of legal authorities is to perform
functions ethically and in effective manner.
The given case based on dispute which is created among Antwon and Tyrell. They want
to resolve their matter in fair and timely manner. Because such dispute is not beneficial for both
of them. So that, have to file case in ADR and easily receive best possible to advice for the same.
CONCLUSION
In the given project, it has been examined that systematic structure have to be followed
by English legal system in order to maintain entire legal procedure. Government of United
Kingdom play effective role in law making process. Firstly, they prepare draft of bill and after
receiving royal assent it becomes law. ADR is the legal body which is helpful for resolve dispute
and provide bets possible advice to people and try to satisfy them.
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REFERENCES
Books and Journals
Bryman, A. and Bell, E., 2015. Business research methods. Oxford University Press, USA.
Coase, R.H., 2012. The firm, the market, and the law. University of Chicago press.
Dolgin, J. and Shepherd, L.L., 2014. Bioethics and the Law. Wolters Kluwer Law & Business.
Fotopoulos, G. and Giotopoulos, I., 2010. Gibrat’s law and persistence of growth in Greek
manufacturing. Small Business Economics. 35(2). pp.191-202.
Garoupa, N. and Liguerre, C.G., 2011. The Syndrome of the Efficiency of the Common Law. BU
Int'l LJ. 29. p.287.
Gjølberg, M., 2011. Explaining regulatory preferences: CSR, soft law, or hard law? Insights
from a survey of Nordic pioneers in CSR. Business and Politics. 13(2). pp.1-31.
Glenn, H.P., 2014. Legal traditions of the world: sustainable diversity in law. Oxford University
Press (UK).
Pope, N.D., 2010. Crowdfunding microstartups: It's time for the securities and exchange
commission to approve a small offering exemption. U. Pa. J. Bus. L. 13. p.973.
Ribstein, L.E., 2010. Preemption as Micromanagement. The Business Lawyer. pp.789-798.
Scherer, A.G. and Palazzo, G., 2011. The new political role of business in a globalized world: A
review of a new perspective on CSR and its implications for the firm, governance, and
democracy. Journal of management studies. 48(4). pp.899-931.
Sprague, R. and Lyttle, A.J., 2010. Shareholder primacy and the business judgment rule:
Arguments for expanded corporate democracy. Stan. JL Bus. & Fin. 16. p.1.
Veblen, T., 2015. The Higher Learning in America: The Annotated Edition: A Memorandum on
the Conduct of Universities by Business Men. JHU Press.
Whish, R. and Bailey, D., 2015. Competition law. Oxford University Press, USA.
Online
What Is Business Law? - Definition & Overview. 2017. [Online] available through:
<http://study.com/academy/lesson/what-is-business-law-definition-overview.html>. [Accessed
on 27th Septembet 2017].
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