Business Law and Ethics Assignment

This assignment is a compilation of various sources related to business law and ethics. It includes a list of books, journals, and online resources that provide valuable information on the topic. The references are from reputable authors and publishers, offering insights into the importance of business law, ethics, and governance in today's corporate world.

BUSINESS LAW

Table of Contents
INTRODUCTION...........................................................................................................................1
TASK 1............................................................................................................................................1
P1 Structure of English legal system and different sources of law.............................................1
P2 Role of government in law making and justice system.........................................................2
TASK 2............................................................................................................................................3
P3 Impact of law on business organisation.................................................................................3
TASK 3............................................................................................................................................4
P4 Legal solutions in unfair and wrongful dismissal under Employment Rights Act 1996. ....4
P5 Justification for the solutions ................................................................................................5
P6 Appropriate legal solutions for alternative legal advice........................................................6
CONCLUSION................................................................................................................................8
REFERENCES................................................................................................................................9

INTRODUCTION
English Legal system is necessary for reducing the false attitudes towards religion, caste,
and other well beings. The structure of English legal system is hierarchical from supreme courts
to lower court. The various sources of laws have been detailed in this report. Some health and
safety acts and employment rights act with the help of scenarios have been detailed in report. To
come into mutual conclusion, work of alternative disputes resolutions concepts and benefits have
been detailed below in this report.
TASK 1
P1 Structure of English legal system and different sources of law.
Structure of English legal system: Legal system indicates about certain rights and
responsibilities towards procedure executing in various ways with enforcement of law. The types
of law are civil law, religious, and common law. The English court is in hierarchical structure,
and the decisions taken in higher court binds other court which are below to it. House of Lords
are at the top hierarchy known as supreme court, by binding the other courts below it. Supreme
court of UK is considered as the highest court and decisions taken in it binds lower court.
Domestic courts does not bind the decision of European court of Human Rights (Allen, and
Kraakman, 2016). Supreme court split into Civil court and Criminal decisions, which binds other
lower court. The decisions are overruled in case of conflicts between previous decisions. This
overruled of decisions is done by House of Lords of supreme court as they are the superior. High
court has three Divisional Courts, which follows the jurisdiction of mainly appellate. High court
decisions are bound by Court of Appeal and Supreme court.
Different sources of law: The following are four different sources of law that are detailed.
 Common law: Law of precedents is another name for common law, which is also the
main component of English law focus on decisions developed by courts and tribunals.
This law does not make by judge but they interpret it. This law provides some confidence
as it focus on past decisions and conflicts of disagreement between parties. The barriers
arise as the decisions are flexible when the Supreme court involves by overruling the
decisions (Role of government in law making and justice system 2018).
 Statutory law: Law by governing the people's behavioural trend which is written by
municipality also called as Statutory law or written law. This law is in form of code as
well as short and well organised as per subject (Appleman, Appleman, and Holmes,
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2015). It affects only small population also called as private law. The need of private law
arise as it explains treatment for circumstances and situations in short.
 Statutes: This is prominent aspect and component of English law. As, the English law is
limited by judicial capacity in changing times. Statutes provides ability to parliament
about the existing circumstances in changing times. To pass this law majority of members
vote for it. Government branches of Administrative go through the law with the limits
which are set by statutes.
 European Union law: The treaties for European union if founded by European Union
law. In Metropolitan cities the work of legal system that are to be governed, this
provision is provided by treaties to European Union institutions. Legal acts are adopted
by European Union to achieve its objectives. This law is considered as secondary as it
helps in decisions, recommendations, directives which constitutes the legislation of
European Unions.
P2 Role of government in law making and justice system.
Role of government is important for making of law which is passed with a proposal in
parliament. Laws are formed by focusing on the problems of society. Government before coming
into ruling party they inform about the formation of law by addressing the problems including,
taxation, education and health. Parliamentary stages helps in considering the recognition,
scrutinising the bills which are to be adopted for making law. The following are the preliminary
stages and the role of government for law making is explained.
 First reading: As, the proposal is made for making of law, the title of the bill is read out
just to know about it. Also, it is made available to all the members of the parliament.
 Second reading: After making the availability of bill to the members of parliament.
Peers or MPs go through and starts discussing about the main principles of bill that are to
be taken into consideration (Beatty, Samuelson, and Abril, 2018). The majority of vote
made for the bill decides about the next process. In case of controversies the MPs are
entitled to vote for or against the bill. Then the bill is moved forward for the vote from
House of lords. The House of lords carry forward the bill without voting for or against
the bill.
 Committee stage: The members of committees of MPs or peers allow the other members
to go through the bill one by one. The changes and implementations made in the bill are
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proposed and voting is made for it. Around 20 MPs from the committees propose for the
common bill with the involvement of all House of lords at this stage.
 Report stage: the amendments made in the bill is reported to the house, where, all the
members go through the changes who was not present in past stage. In case of disagree
the members are allowed to ask for further making of changes in the bill. Also, the
changes are made by the MPs or peers in case of suggestions enhances the bill.
 Third reading: With the possibility of further changes or amendments a debate is
prepared on the bill. This debate is made by MPs and vote is given for the bill in the form
of finalising the bill.
 Bill approved by one chamber is considered by other: The process starts from the
house of common and ends with House of lords by sending it. The bill gets returned to
the common for MPs by focusing on amendments that are to be made. At the final stage
both Lords and commons agree for the bill by finalising them (Besley, 2015).
TASK 2
P3 Impact of law on business organisation
A)
Laws are made for protection and prevention which puts an effect business organisation
by meeting the needs of employees in terms of legal obligations. Whereas, employment laws are
made for the protection of employer and employee by covering all the aspects of rights and
duties. To avoid costly tribunals and lawsuit various rules and regulations are enforced.
1. Occupational health and safety: Safety of employers and employees is needed in place
of work as involvement of risk is high. This Occupational health and safety Act enables
working women and men to work with protection in terms of providing information,
trainings and knowledge about the process of work to be taken place. Occupational health
and safety act is enforced to reduce the health hazards by providing healthful working
condition. Employees have own rights and responsibilities for being safe at workplace.
Innovations in the methods of work has been adopted from protection of disease, illness
and injuries.
2. Workers compensation: In terms of treatments providing to employees, replacing their
wages, employers provide compensation to workers to meet the injuries which took place
without the fault of employees. This act enables to get leaves without deductions in salary
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in case of medical emergency. In case of disabilities, insurance benefits are made enabled
to employees. Injuries and emergencies occurred due to intake of alcohol that resulted in
testing, employer has the right to deny from giving compensation (Bird, Cahoy, and
Prenkert, 2014).
3. Harassment: Discriminating employees at workplace in form of colour, caste or religion,
superiority, sex is not accepted, also, penalised for unlawful actions. This discrimination
can also make the employee to get fired from workplace. Dominating, molestations,
abuse from any other workers are not tolerable. Women employees also get benefited
from workers compensation by getting protected in terms of harassment, misbehaviour,
minorities, sexual harassment by complaining and taking legal actions. These activities
are immoral at the workplace and also employees get punishable in eyes of law. Workers
get emotionally and physically affected by this kind of misbehave, which is not tolerable
and necessary actions are taken for it immediately.
4. Equal opportunities Act: Employees have equal opportunity at work place in terms of
rights, duties, responsibilities. Non job factors like, nationality, language, colour,
disability, caste etc., discriminating employees should not be done (Brown, 2016).
B)
Health and safety Act of 1974.
This act provides the employees safe working place by maintaining the environment as
the case of 16 years old girl fell because of irresponsibilities shown by employer regarding
leaking icing machine. This injury would have avoided if effective functioning and adoption of
Act would take place in work place. Hence, the employment Act of health and safety enables the
burnt girl with medical facility and compensation by non deduction of salary and leaves till her
recovering. Enforcement of Health and Safety Act in place of work is highly needed to avoid
such burns and injuries.
TASK 3
P4 Legal solutions in unfair and wrongful dismissal under Employment Rights Act 1996.
From the scenario, it is understood the Calvin's dismissal was wrong, Calvin was
employed in designer large fashion house as a designer, whose employer is Donna. Calvin was
working as a designer for 4 years (Concept and benefit of Alternative dispute resolution process.
2018). One Monday Donna arrived to office and found missing cash of £100. Donna doesn't
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inquire about missing cash to other four employees as, they was also present in work place.
Apart from this, Donna doesn't provide any notice of termination before dismissal which is
mandatory as per Employment Right Act. Here, Calvin can take action against Donna by making
a complaint to tribunal, as the breach of law is made. Calvin can present the situation to tribunal
for fair decisions and to get back the job with dignity (Bulchandani, 2017). Allegations like
calling thief to Calvin is not good as per the rules and Act. Calvin unless present the complaint to
tribunal cannot be taken into concern by tribunal. Before, ending the three months of termination
Calvin should file a report in tribunal. Also, tribunal take the complaint into consideration before
termination of three months, by providing compensation to Calvin from Donna and also tribunal
will help to get back the job for Calvin. Calvin can also claim for compensation by not
proceeding to job as a designer in Donna workplace.
A small store of convenience was running by Kevin's father Dan. Due to fire in the store
it destroyed the store wholly. Kevin's father Dan immediately opened another store in a new
location with a thought of applying for fire insurance, by which he gets benefited. But the offer
to proposal arise with a question of existence of any previous policy in tenure of past two years.
Dan answered No, by keeping in mind about the claim was before two years. But Dan was
wrong as the claim was of 23 months. But again the new store captured fire, this time the
insurance company refused to surrender benefit to Dan as the policy unthought-fully taken in
existence of previous policy of 23 months (Burnham, 2016). As per the contract Act Dan filed
case against fire insurance company which refused to make payments, the mistakes found by
both the sides as fire insurance company does not ask for previous documents to verify and Dan
failed in providing proper information about the previous policy. The mistake was made by Dan
as per to meet the terms and conditions of fire insurance company. So the final decisions made
against Dan as per the contract Act of 1950 for the non payment of claiming amount to Dan.
P5 Justification for the solutions .
Calvin can proceed as per the rules of employment rights Act of 1996 which encourages
the employees by enforcing rules and regulations at the place of work. Donna has made wrong
dismissal and unfair decision by taking out Calvin with the label of thief. To justify Calvin in
terms of loss of employment unfairly, tribunal with the application of notice, actions can be
taken with further considerations. Calvin has the right to claim for compensation and inquiry
team to go through the other four employees as, they might have stolen the amount. On the other
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side, the tribunal takes action by getting knowledge about not providing of dismissal notice to the
employee in advance. Also, the tribunal can ask for the past records of the employee, to get know
about the employee and action performed by Donna against Calvin. Allegations that are given
against Calvin is removed in justification basis and the other four employees should be enquired
about the lost money to take fair decisions (Butcher, and Cleaveland, 2015). The recording of
cameras can also be checked for the purpose of investigation. The payslips and receipts are to be
checked to see if any payments are made to any of clients. If found any payments or the other
employee stolen amount then Calvin has right to get back the job if interested also compensation
for the harm of image. By this way a with the help of employment rights and duties Act
justifications are made and fair decision can be taken into process.
Justifications can be made to Kelvins father Dan as the law of contract act. The mistake
made was may be under the pressure of loss of fire and also the mistake was made by both the
members. The insurance policy can asked for the documents in proof for purpose of inspection.
This responsibility is failed by insurance company which allowed Dan to suffer even after the
presence of fire insurance policy. The decisions would have made fair in terms of making
penalties for fire insurance company as the priority should be given to collect the adequate
information with collecting copy from Dan (Roach, 2016). Terms and conditions are failed on
both sides so the decision would have made fair by returning at least the initial amount to meet
the loss of fire to Dan. This has to be taken into consideration as the first store is burnt and Dan
faced loss and randomly he started another store which again catches fire and because of absence
of immediate checking of documents made Dan to suffer again the loss of fire. Actions should be
taken against the fire insurance company, for without checking the documents the policy was
taken orally. Dan made mistake in informing for exact time of last policy. But the fire insurance
company would have ask for the submission of papers and documents have been scanned (Crane,
and Matten, 2016).
P6 Appropriate legal solutions for alternative legal advice
A) Concept and benefit of Alternative dispute resolution process.
ADR also termed as alternative dispute resolution process which helps the parties to
come into conclusion without proceeding for case in a court. Mutual satisfactory decisions are
taken in alternative dispute resolution. This centre if located in local courts, with the help of
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retired judges conflicts are put into resolution (Roach, 2016). There are certain advantages of
alternative dispute resolution which is discussed in this report.
Lower cost: The cost in the ADR centre is too low. As, the conflicting parties are supposed to
reach decision mutually by putting an end to their conflict. The retired judges helps the parties to
come into conclusion for the reasons that encouraged them towards conflict.
Faster results and more flexibility: The process of courts and hearings are avoided in ADR
centres. The results are decided within very few weeks by making the decisions faster and fairer.
Also, alternative dispute resolutions are more flexible as the process remains fair towards
decision. The absence of court schedule taken place in alternative dispute resolution
(Kariyawasam, and Low, 2014).
Confidentiality: The decisions and judgements that are made in the alternative dispute resolution
is kept confidential as the process of resolving remains mutual. The mediators help the parties to
settle the disputes and come into an conclusion. The conclusions are not published in newspapers
or leaked elsewhere by communicating. The privacy of disputes are maintained in alternative
dispute resolution.
B) legal solutions for business problems.
Antwon, had an dispute with Tyrell. Anton handling the large investment firm
performing market predictions whereas, Antwon carrying computer software company. These
two owners had disputes for long time but they wanted to maintain their business relation firmly,
instead of coming to a conclusion (Means, 2014). As, they were connected to each other business
they can move towards alternative dispute resolution centre which will help them to come out
mutually to a conclusion. The judges presented in the alternative dispute resolution will keep the
facts of the business and conflicts confidential. With the help of mediator knowing all the facts
and incidents a fair decision and judgement can be made by the alternative dispute resolution
centre. Both the owners are ready to put an end to dispute by maintaining their work and
performance. The best method to resolve this is Alternative dispute resolution. The time is
consumed very less in this centre as the conflict was pursuing from long time. The negotiations
with the help of judge can be made fairly and thoroughly. They cost very less comparing to
courts, as reduction in number of hearings and proceeding. Antown and Tyrell personally does
not want to put an end to their business relations as they are connected for the terms and means
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of business. The confidentiality is maintained which help them in carrying forward of their
business (Roach, 2016).
CONCLUSION
The structure of English legal system by describing about its different sources of law has
been detailed in this report. Here, for enforcing the law Government plays a prominent role that
has been explained with all its stages of proposals to compliance of bill in the parliament. Law
has certain impact on organisations regarding the occupational health and safety, compensation
to workers, equality act, and harassment, containing all the Acts has been detailed in this report.
With the help of several scenarios, safety at place of work and unfair and wrong dismissal under
the employment rights act has been explained. Explanation about ADR centres are provided in
this report.
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REFERENCES
Books and Journal
Allen, W.T. and Kraakman, R., 2016. Commentaries and cases on the law of business
organization. Wolters Kluwer law & business.
Appleman, J.A., Appleman, J. and Holmes, E.M., 2015. Excuses for Nonpayment and Defenses
to Actions for Premiums (Vol. 5). Appleman on Insurance Law and Practice.
Beatty, J.F., Samuelson, S.S. and Abril, P.S., 2018. Essentials of Business Law. Cengage
Learning.
Besley, T., 2015. Law, regulation, and the business climate: The nature and influence of the
World Bank Doing Business project. Journal of Economic Perspectives. 29(3). pp.99-
120.
Bird, R.C., Cahoy, D.R. and Prenkert, J.D. eds., 2014. Law, Business and Human Rights:
Bridging the Gap. Edward Elgar Publishing.
Brown, E.F., 2016. Lessons from efforts to manage the shift of pensions to defined contribution
plans in the United States, Australia, and the United Kingdom. American Business Law
Journal. 53(2). pp.315-382.
Bulchandani, K.R., 2017. BUSINESS LAW FOR MANAGEMENT. Himalaya Publishing House.
Burnham, W., 2016. Introduction to the law and legal system of the United States. West
Academic Publishing.
Butcher, C.W., Epps, K.K. and Cleaveland, M.C., 2015. Comparing business law in online and
face to face formats: A difference in student learning perception. Academy of Educational
Leadership Journal. 19(1). p.123.
Crane, A. and Matten, D., 2016. Business ethics: Managing corporate citizenship and
sustainability in the age of globalization. Oxford University Press.
Kariyawasam, K. and Low, H.Y., 2014. Teaching Business Law to Non-Law Students,
Culturally and Linguistically Diverse (" CaLD") Students, and Large Classes. Journal of
University Teaching and Learning Practice. 11(2). p.9.
Means, B., 2014. The Contractual Foundation of Family-Business Law. Ohio St. LJ, 75, p.675.
Roach, L., 2016. Card and James' Business Law. Oxford University Press.
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Robson, R., 2015. A new look at benefit corporations: Game theory and game
changer. American Business Law Journal. 52(3). pp.501-555.
Shaw-Mellors, A. and Poole, J., 2018. Recession, changed circumstances, and renegotiations: the
inadequacy of principle in English law. Journal of Business Law.
Online
Role of government in law making and justice system. 2018. Available through [Online]
<http://www.parliament.uk/education/about-your-parliament/how-laws-are-made/>
Concept and benefit of Alternative dispute resolution process. 2018. Available through [Online]
<https://www.lawpmh.com/the-benefits-of-alternative-dispute-resolution/>
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