Business Law Report: English Legal System and Obligations

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This report provides an overview of business law, focusing on the structure of the English legal system, including criminal and civil law, and the role of administrative bodies in law-making. It analyzes employers' legal obligations, such as occupational health and safety, workers' compensation, and equal opportunities, and examines the impact of employee contracts on organizations. The report includes case studies to illustrate legal solutions in scenarios involving workplace injuries and wrongful dismissal, and it discusses the advantages of alternative dispute resolution. The report emphasizes the importance of legal compliance for businesses and the protection of employee rights.
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Business Law
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Table of Contents
INTRODUCTION...........................................................................................................................1
TASK 1............................................................................................................................................1
P1 Analyses of English legal system structure..........................................................................1
P2 Role of administrative bodies in law making procedure......................................................3
TASK 2............................................................................................................................................4
P3.................................................................................................................................................4
a. Analyses of employers' legal obligations...............................................................................4
b. Effect of employees contract on organisation. .......................................................................5
TASK 3............................................................................................................................................5
P4 Legal solution of the given scenario......................................................................................5
P5 Justification. ..........................................................................................................................6
TASK 4............................................................................................................................................7
P 6 ...............................................................................................................................................7
a. Advantages of implementing Alternative Dispute Resolution Process . ...............................7
b. Alternative legal solution recommendation............................................................................8
CONCLUSION ...............................................................................................................................8
REFERENCES..............................................................................................................................10
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Illustration Index
Illustration 1: Structure of English legal system..............................................................................2
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INTRODUCTION
Business law refers to the process that governs commercial and business issues. This
provides support to deal with civil as well as private problems of society. It is considered as a set
of rules that helps in maintaining the effectiveness of the process (Aziz, Gemmell and Laws,
2016). This is considered as an essential step for protecting rights of an individual. Organisations
consider this for maintaining effectiveness of the process. There are various business laws that
are considered by them, such as taxation, employees, consumer, environment, commercial,
corporation and so on. It provides direction for implementing policies effectively (Bravery, Knox
and Laws, International Business Machines Corporation, 2014). It helps the companies in
improving their service quality and providing better experience to their users.
This report is based on business law. With the help of this report various issues related to
their structure and impact are analysed. In this report structuring of English legal system is
considered, along with this role of government in decision making. It also consists of various
case studies, through which various legal solutions are considered (Cooper, 2016).
TASK 1
P1 Analyses of English legal system structure.
English legal system is considered as one of the largest European legal system. It is
spread in various parts of European continents such as USA, Australia and Canada (Downing
and Hanf, 2013). The English legal system is developed into the hierarchical structure,
containing two categories criminal and civil law (Estrin, Mickiewicz and Rebmann, 2014). It
helps in handling all the issues properly. For both the categories are provided with different set
of judiciary processes (The English court system. 2017). It helps in providing justice to the
victim. Both the structures are mentioned below:
Criminal law
In this category all the offenses are considered that can affect peace and environment of
society, such as robbery, rape, murders etc (Estrin, Mickiewicz and Rebmann, 2017). The
judgment process is distributed into three levels, Court of Appeal, Crown and magistrates court.
In this process Court of appeal is considered as the lowest level of the structure. It helps in
distributing offenses for increasing speed of the judgment process and also increases
effectiveness of results (Gilani, ur Rehman and Mujtaba, 2014). Initially, all the decisions are
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considered at this lower level. In case if the victim is not satisfied with the statement, they can
move for the higher level (Gonzales and et. al., 2015). Another stage is Crown court, at this level
decisions are not imposed, only previous decisions are continued and the case is referred at
Magistrate level, this is considered highest level of this process. At this stage all the facts and
figures are reconsidered, on the basis of that judgment is provided (Heinrichs and Laws, 2014).
(Source: Structure of English court system.2017)
Civil law
This category of English legal system deals with the offenses related to issues like,
injustices, damage, disputes and so on (Hong, 2015). It is related to the roles and responsibilities
of people and helps in maintaining the effectiveness of society. This is also distributed into
various categories such as Court of Appeal, High Court of Justice and County Court. With the
help of this these three levels rights of people are protected (Karodia, Soni and David, 2014). To
understand these levels, lets us consider an example where an organisation has terminated their
employees without giving any notice. In such scenario, victim is able to take legal action helps
against the company under the employment act (Laws, 2015). There are various other issues that
can be also considered under laws such as exploitation, working hours and wages. It helps in
reducing problems of employees and provide protection in organisation (Lightner and Lightner-
Laws, 2016).
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Illustration 1: Structure of English legal system
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On the basis of above discussion structuring and processing of English legal system is
analysed clearly (Lin and et. al., 2016). It helps in maintaining the peace and positive
environment in society. Along with this maintain equality among individuals. With the help of
distributed structuring effectiveness of the judgment is also maintained (Morgan, Jackson and
Laws, 2015).
P2 Role of administrative bodies in law making procedure.
Effective judiciary system is a need of every democratic country. It helps in maintaining
equality and stability, also provides healthy environment to the people of country. Therefore, law
making and implementation process is considered as an essential process. In this activity
responsibilities of government is essential. There are various factors that are analysed and
evaluated by them before implementing any law (Mosher and et. al., 2017). In UK, role of PM is
significant in law making process. All the laws are passed at the house of common. The first step
of this process is considered as all the members belonging to the party of PM first represented
into the House of Lords. During this process the bill is presented into the house, along with this
various issues are also presented in the favor of the bill. Along with positive impact of law on
society (Oyegoke, 2016).
On the basis of their points, oppositions will present their doubts and prospective towards
the bill. This leads to the serious debate into the House of Lord. After considering view and
prospective of both the groups all the positive and negative impact of bill on the society,
environment and humanity is considered (Pattillo, 2017). On the basis of that voting takes places.
The bill will be passed if majority of votes are in favor. In case if it is rejected redesigning of the
bill takes place. Therefore, role of administrative bodies are significant in this process. The
member of parliaments are elected by the citizen of UK.
All the members are considered form different geographical locations. In parliament
house they represents various issues of their locations on the behalf of their respective parties.
On the basis of their issues laws and policies are considered (Picciotto and Mayne, 2016).
Therefore, government is provided with special rights to make laws and policies according to the
need of society. During this process both the positive and negative aspects are considered. The
law formation and implementation process is distributed into two categories, statutory and
common laws (Qi, Roth and Wald, 2013). All the law related to the category of common, are
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considered by judges. They are provided by rights to implementation new laws according to the
need (Scott, 2016).
However, final implementation decision is considered by the precedent of UK. On the
other hand statutory laws are implemented by involving various administrative bodies (Scott and
et. al., 2014). Such as parliament members, oppositions and so on. The majority of voted decides
to implementation of law (Sharp, 2014). On the basis of above discussion it is analysed that role
of government is essential in formation of laws.
TASK 2
P3
a. Analyses of employers' legal obligations.
To maintain positive and peaceful environment at work place laws are considered as an
essential factor. Following are the descriptive analysis of employer's legal obligations:
1. Occupational health and safety: Under this unit organisation have to ensure about the
safety and health related issues of their employees (Von Kalinowski, and et. al., 2016).
There are various rules, regulations and guidelines that are provided by the government
of UK including “The Health and Safety at Work act 1947” (Structure of English court
system. 2017). According to that law administrative body has provided guidelines to the
firms, on the basis of that companies have to develop a unit that can effectively handle
such problems (Aziz, Gemmell and Laws, 2016).
2. Workers compensation: It is considered as a type of insurance under which employers
have to provide medical benefits and wage replacement facilities to their employees.
“The work compensation act 1897” was implemented by the parliament of UK (Bravery,
Knox and Laws, International Business Machines Corporation, 2014). In case of any
injury claim of employees, employer have to provide compensation amount of approx.
£10,00 within 24 hrs of the claim (Walsh, 2017). Along with this various medical
benefits and support is also provided by the company (Cooper, 2016).
3. Harassment: To protect employees from harassment, “The protection from Harassment
Act 1997”, is implemented by the UK parliament (Downing and Hanf, 2013). On the
basis of that employees are able to track activity of organisation and take appropriate
action against them. According this law firm has to provide proper to training to identify
harassment activity.
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4. Equal opportunities: According to this factor employer's have to provide effective and
equal work opportunities. “Equality Act 2010”, is implemented by the administrative
body of UK (Estrin, Mickiewicz and Rebmann, 2014). Through their practices
organisation have to promote concept of workplace equality. To maintain this
administration of the firm also provides equal opportunities to their workers. Along with
this they have to organise effective training and development, so that employees can
perform all types of jobs (Estrin, Mickiewicz and Rebmann, 2017).
b. Effect of employees contract on organisation.
The given scenario is based on the a 16 year girl, who is working in a fast food store. The
frying department of that outlet is being handled by her. One day the girl slipped on the leaking
water of an ice machine, due to which her hand get burn due to deep fat fryer. As the temperature
of fryer was set on 360 oF, severe burn is caused. On that day store was having employees
shortage and the manager was busy in their instead of providing first aid. Along with this no
effective first aid facilities are provided by the company (Gilani, ur Rehman and Mujtaba, 2014).
On the basis of above case study it is analysed that organisation is not taking employees contract
seriously. They are not providing services according to the terms and condition of the contract.
To avoid such conditions government of UK has provided various guidelines, rules and
regulations. On the basis of that organisation have to maintain services effectively. For this
various commissions are implemented such as customer service and information system, social
protection act, with the help of these services employees are able to solve their issues related to
organisation (Gonzales and et. al., 2015). According to the given case study the fast foods
service provider was not providing safety, protection and medial facilities to their employees.
Therefore, girl is free to take legal action against the owner of the company. For this various
laws are also implemented by the government such as “health and safety act 1974”. In this law
safety related issues of employees are the responsibilities of employer's. Along with this medical
support, organisation provides financial support as a compensation (Heinrichs and Laws, 2014).
In this situation, fast food company has to provide compensation to the victim.
TASK 3
P4 Legal solution of the given scenario.
According to the given scenario, Calvin was working as a designer in a fashion house.
The designing depart of the organisation was being handled by them from last 4 years. Suddenly,
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one day the owner of the company named Donna visited the firm (Hong, 2015). The cash box of
the work place is checked by them. During all these process, approx. £ 100 Euros were missing
from the box. Donna dismisses Calvin without giving any proof. Along with this any notice is
not provided to Calvin before terminating. This whole incident had great impact on the self
respect of Calvin therefore, step of legal action is decided by them.
The government of UK has implemented various acts in order to protect employees from
such kind of injustice (Karodia, Soni and David, 2014). Some of them are like Employment act
1996. On the basis of that law, if an employee is working from more that 2 years in the same
organisation, the employer's have to provide notice 1 month before termination. According to the
this law, Calvin is able to claim against the boss (Laws, 2015). On the basis of uninformed
termination company has to provide financial support or compensation to the employee.
The second scenario is based on the convenience store. In this Dan was considered as an
owner of the small outlet. Suddenly, one day their shop get destroyed due to fire. In this accident
financial support of Dan get destroyed. Therefore, through the money of insurance claim they
decided to reopen their shop at new location (Lightner and Lightner-Laws, 2016). For this they
tried to contact with the insurance company. The company refused to pay their claim, as they do
not have deposited all the installments. In such situation the government has provided various
laws to protect consumers from the insurance company. According to that company have to
provide claim amount by reducing 2.5% and 0.75% from the total amount. Therefore, Dan is
able to get claim amount by reducing some amount (Lin and et. al., 2016).
P5 Justification.
According to the given case study, both the victims are able to take legal action against
the companies. Under the first scenario, Calvin is able to take action against Donna for their
uninformed terminations. On the basis of employment act law company have to provide
compensation to them (Morgan, Jackson and Laws, 2015). On the other hand Dan is able to get
insurance claim against some reduction in total amount. For this government has implemented
insurance act, through which 2.5% and 0.75% reduction is considered on the total amount and
the remaining amount is provided to the user. Therefore, rules and laws are helping society in
order to reduce their complications and make their lifestyle easier (Mosher and et. al., 2017).
According to the Insurance act 2015, implemented by the English legal system of UK. It
the insurer fails to pay claim within the limit or delay his installments. In this situation company
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has to provide their with reduced amount. According to the latest insurance policies necessary
changes are implemented and it was again presented in 4 May 2017.
TASK 4
P 6
a. Advantages of implementing Alternative Dispute Resolution Process .
Alternative Dispute resolution process, refers to the approach through which organisation
is able to resolve disagreement of and agree at single point. This is considered as an essential
step through which companies are able to reduce disputes. This process compress of various
steps including negotiations, arbitration and the last is mediation. To increase effectiveness of
this process it is distributed into mandatory and voluntary process. There are various advantages
of implementing this dispute resolution process (Oyegoke, 2016). Some of them are following: Negotiation:According to this step direct or incirect communication approaches are
considered for resolving conflicts. In this process points of both the groups are
collaborated to reach effective and satisfied results. This is considered as most effective
method. As it provides flexibility of making modifications into the process. This process
does not requires recourse for third group. It provides opportunities and also increases
effectiveness. Arbitration: There are various advantages are associated with this process. Such as it
helps in maintaining the confidentiality of the process. All the business decisions and
policies remain protected and secured (Pattillo, 2017). It is considered as one of the
cheapest dispute resolution approach. With the help of this process huge litigation
charges are not imposed on user. In this process effective results are generated after finite
steps. It also provides various opportunities through which user can make effective
modifications into the process for better results.
Mediation: This is considered as one of the beneficial process. With the help of this
approach resolve and disputes can be solved instantly. It helps the organisation by
providing long term results. It is one of the inexpensive approach. Through this approach
companies are able to overcome issues effectively. All the results that are generated by
this process are able to turn into reality (Picciotto and Mayne, 2016).
On the basis of above discussion all the alternative dispute resolution approaches are equally
beneficial. It helps the company by providing effective solutions.
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b. Alternative legal solution recommendation.
According to the given case study, Antwon is the owner of large investment company.
The owner is having dispute with one of the developer of the organisation. This issues is making
direct impact on the growth of the company, as they are not able to meet demand of the user and
satisfy them (Sharp, 2014). Therefore, to maintain relationship and resolve all the disputes,
Antwon is trying to implement alternative dispute resolution process. On the basis of above
discussion, it is critically analysed that arbitration one of the effective approach (Qi, Roth and
Wald, 2013). Therefore, it is the recommended solution for the company. This is considered as
one of the effective approach, with the help of process organisation is able to achieve results in
fixed steps. Along with this it maintains confidentiality and provides flexibility. With the help of
this modifications can be implemented effectively. It increases the efficiency of the process and
also provides enormous opportunities to the users.
Therefore, Antwon should implement arbitration alternative dispute resolution process.
With the help of this approach they are able to remove conflict between Antwon and Tyrell. It
helps in improving the services of the company. Along with this it helps in maintaining the
reputation of company in market by making the dispute related issues confidential. This
approach is considered as one of the cheapest approach, therefore company do not need to spend
huge capital on resolution activity (Scott, 2016). With the help of this approach firm is able to
explore various opportunities, it helps the system in increasing their growth and expanding their
market.
Therefore, this approach is recommended for the organisation of Antwon, with the help
of this they are able to resolve their conflicts effectively. It also helps in maintaining the
reputation of company (Scott and et. al., 2014).
CONCLUSION
From the above report it is inferred that laws are considered as a significant element to
maintain effectiveness of society. It helps in protecting rights of an individual and provide
equality. In this report business law is considered, very important for governing the activity of
company. There are various rules and regulations that are implemented by the government of
UK. Some of them are like taxation, employees, consumers rights and so on. There are various
scenarios are also considered for understanding rights of employees in any organisation
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effectively. It helps in workers in taking suitable legal action against the company and protect
their rights. There are various contracts and agreements are also involved to make the process
effective. The government has implemented various acts such as health and safety, employments
and equality to provide positive work environment to employees.
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