[Business Law and Ethics] Comprehensive Review of Employment Rights

This assignment provides a detailed review of employment rights, focusing on the Employment Rights Act 1974. It also explores terms and types of Alternative Dispute Resolution (ADR). The assignment is likely intended for business law or ethics students, providing a comprehensive overview of key concepts in these areas.

Business Law

Table of Contents
INTRODUCTION...........................................................................................................................1
TASK 1............................................................................................................................................1
P1 Structure of English Legal System and various sources of law.............................................1
P2 Role of government of UK in law making and interpretation of common and statutory laws
.....................................................................................................................................................3
TASK 2............................................................................................................................................5
P3 Employer’s liability and legal obligations ............................................................................5
TASK 3............................................................................................................................................6
P 4 legal solution to cases...........................................................................................................6
P5 Justifications for legal solutions.............................................................................................7
TASK 4............................................................................................................................................7
P6 (a) Concept of Alternative Dispute Resolution procedure.....................................................7
(b)................................................................................................................................................8
CONCLUSION................................................................................................................................8
REFERENCES................................................................................................................................9
.......................................................................................................................................................10

INTRODUCTION
In this modern times, law can be treated as a significant part for functioning of any
country. In this light, it can be said that there are various aspects of law which are required for
effective regulation of behaviour of people and society as well. there are various sub-parts of law
which can be defined as business law, corporate law and many more. This report will be
discussing about distinctive components of Business and its components. In this report, Structure
of English Legal system will be given effect. Along with this, Employer’s liability in terms of its
employees in different legal contexts are also elaborated in this report. In addition to this,
different case laws with legal solutions are demonstrated. Furthermore, concept of Alterative
dispute resolution is also discussed in this resent report.
TASK 1
P1 Structure of English Legal System and various sources of law
English law has evolved since earlier times, framing various rules and regulations in
respect of structure of English legal system. In this regard, English legal structure or court
structure can be defined by explaining different levels of court. So, considering this, it can also

be evaluated that, all decisions and rulings, formed by higher courts are binding upon other
courts, which are at lower hierarchy. At the top of Hierarchy, Supreme court, also known as
House of Lords, has its authority. It is recognised as a top most and highest authority in legal
structure of UK. In addition to this, Curt of Appeal is below House of Lords. It is bifurcated into
two divisions which can be characterised as a Civil law and Criminal law. Also, below these
divisions different courts falls, for an instance, Magistrate courts, county courts etc. In regard to
these courts, it is a notable fact that, these courts do not bind any other courts and influences their
decisions. They frame their own pronouncements.
In this light, it can be said that, in today’s modern era, there are various legislations and
legal rules, which are framed with a perspective of business law, that are required to be complied
by employers of business organizations, in regard to their employees.
There are various sources of laws which can be defined as: Legislation and Case law: These are considered as a most significant sources of laws. In
addition to this, texts which are in legal form, are treated as an important aid for the
purpose of interpretation of laws instead of actual laws. Legislation can be subdivided
into two variables, which are Primary and Secondary legislation. Primary source is
considered as the most important and vital source of law. On the other hand, Secondary
legislation are created by local authorities and other public bodies.
 Constitution: It can be well defined as a set or procedure of principles and established
case laws or precedents in accordance to which an organization or a state is governed. In
addition to this, all these rules integrate and form or constitute, what an entity really is. It
is in form of a written document.
Furthermore, Different sources of laws of laws and legislations complied by business
organizations are as: NMW Act 1998: This act has been framed with a legal objective to build a minimum
wage across UK. It comprises of a flagship policy of labour party in UK, during the
period of its campaign of election. It came into force on April01, 1998. This act basically
aims at providing minimum wages to its employees in lieu of their work and tasks
performed. Hence, considering this, Employer of an organization is under an obligation
to adhere with different policies and norms as laid down under act, so as to provide
minimum wages to them.

 Working time regulations, 1998: This act was framed with a basic intention to
implement and formulate working times as laid down by EU working tine directive.
Moreover, these norms and regulations are formed to govern working time period of
employees and workers. The employer and management of a company is obliged with a
duty to ensure that there should be proper rest breaks, weekly rest provided to workers. In
simple words, this act lays down several provisions in terms of working hours of a
person. It sets out a rule that no person is liable to work more than 48 hours per week. Pensions rights act, 2008: It is a legislation, enacted with an act of Parliament of UK. It
is a considerable fact that, this act has brought principle modifications in aspect of this
said act that, all employees and workers will be under an obligation to opt out of plan of
pension, instead of opting for it. Furthermore, in light of changes brought, the second
most alteration can be recognised in terms of initiation of National Employment Savings
Trust, which aims to render a scheme of low fee pension, with help of existing funds.
 Trade Union & Labour Relations Act 1992: This act was established with a main
objective to create and sustain effective and long term relationship among employers and
employees. This act was framed as a part of British Law. In addition to this, this act
demonstrates trade unions and their functions, along with their legal rights and
obligations. Furthermore, this act also conveys several rules and regulations in
perspective of protection of rights of workers and employees in UK.
P2 Role of government of UK in law making and interpretation of common and statutory laws
Government of a country plays an important role in formation of laws and legislations in
respect of functioning of a country in a smooth and amicable manner. In this regard, it can be
said that Parliament of a country is entitled to form laws and legislations in any country. Each
and every piece of legislation commences, its life as a Bill. In addition to this, before recognition
of a bill as an act or a legislation, it has to go through various stages or process which go through
in both houses. Moreover, it can also be evaluated that a bill can be commenced in both houses.
In this light, the parliamentary law -making process can be defined as follows: First reading: This stage is considered as a formality phase in which no vote and debate
occurs. In addition to this, it can be said that a notice inn regard to a bill is presented in
before committee. Also, it can also be evaluating that in this stage, government bill is
presented in either of both houses.

 Second reading: In this step of law formation, there is a main opportunity to have a
debate and discussion over main principles of bills instead of individual clauses. In
addition to this, a division in regard to this bill, challenges against provisions of the bill.
Also, it can be considered that in case of second reading of a bill, then it goes on second
phase to stage of committee. Furthermore, in case of loss of vote by government, then,
respective bill cannot be able to move in further direction. Committee stage: This phase of procedure of law making involves detailed consideration
of Bill. In respect of Commons, the said procedure can be conducted with help of a
committee formed of Members of Parliament. In addition to this, it can be noted that in
commons, a public bill committee can obtain written and oral evidence in respect of a
bill. Also, in both the house, only committee will decide in aspect of whether a particular
clause should be remaining in it or any amendments are required for it. Third Reading; This phase involves discussion and debate over a bill which succeeds
after framing of a report. In this stage, the major point of consideration is that this said
does not witness any kind of amendments modifications in regard to a bill. It takes place
on a day later, on which amendments are tied up and tabled. Consideration of Amendments: In this sage, final consideration over any kind of
alterations and amendments takes place. In this light, it can be noted that bills are passed
only by consideration and implementation of all amendments. It involves a pre-legislative
investigation, which covers all kinds of amendments.
 Royal assent: It can be considered that a bill which has been approved by both or either
house, becomes law after receiving royal assent. It is then indicated to government or
Parliament. Afterwards, it is purely signified as an Act. s
In addition to this there are various terms like common and statutory law, which plays an
important role in a legal system of a country. These can be well defined as follows:
 Statutory law: These can be demonstrated as a written laws and legislatures which ae
passed and approved by government or any other local authority. It is considered as a
more formal body of legislature and legal system of a country, which is consists of a
written legislation.

 Common law: It is considered as a part of the legal system which permits judiciary
system of a country to frame decisions on the basis of rulings that are pronounced with
similar circumstances.
Therefore, considering this difference in between these two can be demonstrated as
follows:
Statutory law Common law
Different government agencies are held liable
to issue new laws and legislations.
Common law is considered as that art of law
which is developed by new or fresh decisions
and rulings rendered by judges in courts.
Statutory law operates at substantial level. On the other hand, common law functions at
procedural level.
It is also known as a written law. While, common law is also known as case law
or judicial precedents.
The nature of statutory law is of prescriptive
nature.
It can be recognised as a law of instructive
nature.
TASK 2
P3 Employer’s liability and legal obligations
(a)In this modern era, it can be evaluated that there is a great significance of compliance
with business laws and regulations, for a business organization in this regard, employer of every
country is held responsible for effective protection of rights of its employees. Obligation or
liability of an employer inspect of its employee can be demonstrated in following aspects;
 Occupational Health and safety: It lies within an arena of Heath and Safety act, 1974.
This act was established with a basic objective to define necessary structure and authority
for regulation, encouragement and enforcement of health and safety care in a premises of
an organization.
In respect of the cited act, employer is held liable to ensure protection and safeguarding
of all its employees, contractors and workers. In addition to this, employer is also held
responsible to ender effective maintenance of it equipment and machines, so that no damage can
be cased to them.

 Workers compensation: It refers to the concept that it creates an obligation on an
employer to ensure effective care and provide compensation to its workers and
employees. In this regard it can be said that laws in relation to compensations are aid
down under Workmen compensation act.
It is a notable fact that employer is under a responsibility to make sure that proper and
adequate workmen compensation is provided to its workers and employees in lieu of their tasks
and work performed. Also, in case of any injury and damage caused by any harmful activity
performed by them in premises of a company, an employer should render compensation to them. Harassment: It is a concept which includes a variety of behaviours and acts as well as
gestures of causing harm to another person with own offensive nature. In this regard,
employer is held responsible to lower down the practices of harassment in premises of
their company. In addition to this, an employer should adopt those practices which reduce
activities of harassment in their employment premises.
 Equal Opportunities: It refers t a wide spectrum of responsibilities in which an employer
is held liable to treat its each and every employee in an equitable manner. In this light, it
can be said that, employer should not discriminate among its employees and workers .
Moreover, it should provide equal wages and work opportunities to all its employees.
(b) With reference to the given case scenario of 16 year old girl who was employed in a
food outlet, for a purpose of cooking fries at frying range . One day, she slipped on water which
was leaking from a machine, which make ice then, her hand, went into deep fat fryer which was
hot. It leads to severe burns and injuries. Also, at that time restaurant was short- staffed.
In aspect of aforementioned case scenario and in accordance with provisions of Health
and Safety act, 1974 , it was employer's duty to take care of its employees and protect them
against any injuries. In addition to this, they have a moral duty to ensure and encourage practices
of safety and health in their premises. Also, an employer is liable to assure effective working of
all assets and equipments in its company.
Hence, in this regard, team leader was considered liable for all injuries and damages that
has been caused to that girl. Also, n term,s of employment act an employer is held responsible to
ensure protection of all employees.

TASK 3
P 4 legal solution to cases
(1)In respect of the given case scenario of Calvin, who was working in a fashion industry
fir. One day, when her employer Donna arrived at work, she found Calvin acting suspiciously.
Afterwards, she found that 100 pounds were missing. So, in this regard, she dismissed him.
In accordance with the provisions of Employers act, an employer can not terminate any
of its employees without giving a proper notice. Along with this, opportunity for being heard
should also be given to them. In this regard, it can be held that Calvin is liable to file a plead
against her employer Donna.
(2)With reference to given case study of Kevin's father, who is an owner of a small
convenience store. One day, fire destroys the store. So, an applied for a fire insurance after
opening of a new store . So, the proposal asked in respect of any fire insurance taken in past.
Then Dan answered as “no”. The insurance company refused to pay the claim.
In perspective of the provisions and regulations of Insurance act, company is not liable to
pay the claim to Dan. However, it will render partial claim, just due to reason of good will
gesture.
P5 Justifications for legal solutions
It is a considerable fact in a case of Calvin, it can be said that he is liable to file a claim in
respect of his unfair dismissal. In the light of provisions of Employment rights act, 1996 and
norms of unfair dismissal, following can be assessed:
 Employees have a right to receive reasonable notice and time period before being getting
dismissed from their job.
 In addition to this, Section 94 of Employment Rights act, 1996, employee is entitled with
a right not to be unfairly treated and terminated.
 Moreover, dismissal should be in correct form and for true reason. Hence, considering
this, it cannot be harsh and rude. Also, reasonable opportunities for being head should
also be provided to its retrenched employee.
So, after a close analysis of provisions of Employment rights, 1994, Calvin can challenge
decision of Donna.

While, on the other hand, in case of Dan, insurance company cannot render claim in
respect of its fire insurance. However, its up to the insurance company, to accept petition of
claim or not.
There can be various reasons for rejection of claims by Insurance company. In this light,
the provisions can be explained as;
 In case of non accuracy and non adequacy of an information provided by its customers
for any kind of fraudulent objectives.
 In addition to this, detailed information in regard to assets and property is also
maintained.
 Moreover, information of valuable contents are also not specified in an effective manner.
Hence, considering this, the company is not liable to consider claim of in lieu of his fire
insurance claim.
TASK 4
P6 (a) Concept of Alternative Dispute Resolution procedure
Alternative dispute resolution is a set procedure which aim at settlement of disputes,
without no reference to the court. It can also be considerer as a inexpensive method, which
mainly focuses on to resolve disputes in cheap and amicable manner. There are several types of
Alternative dispute resolution process, which can be elaborated as;
1. Arbitration.
2. Negotiation.
3. Mediation.
4. Conciliation
it is a notal fact that, this method is basically focussed on to effectively encourage easy
and early settlement of disputes.
In addition to this, there are various advantages and disadvantages of procedure, which
are as;
Advantages;
 Time and energy is saved.
 Easy settlement of cases in a effective and efficient speed.
Disadvantages;

 Solution can not be granted.
 In addition to this, decisions are also not appealable. Arbitrators renders final decision.
(b)
In respective of the given case scenario of Antwon and Tyrell, it can be held that Antwon
is an owner of a large firm. Both the parties had a dispute in between them. They are looking for
a method which aim at resolving of issues. So, in this regard, Arbitration is considered as a best
method for dispute resolution in between thee two parties.
Arbitration is a method which is a dispute resolution technique, aiming at solving any
issues which might arise or have arisen, in between said parties.
CONCLUSION
From the above mentioned report, it can be concluded that there are various arts of
English Legal Structure. In addition to this, report also involves different liabilities and
obligations of employer's in respect of their employees. Also, in this present report, concepts and
aspects of employment rights act, health and safety act, 1974 has also been discussed. In addition
to this, terms and types of Alternative dispute resolution has also been elaborated, in this present
assignment.
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