Understanding the English Legal System

This assignment delves into the intricate workings of the English legal system. Students are tasked with analyzing its hierarchical structure, examining primary and secondary sources of law, and identifying fundamental legal principles that underpin its operation. The exploration encompasses various aspects such as legislation, case law, and common law traditions, providing a comprehensive understanding of this influential legal framework.

BUSINESS LAW

TABLE OF CONTENTS
INTRODUCTION...........................................................................................................................1
Section 1 – Nature of Legal Systems...............................................................................................1
P1 Explaining structure of English legal system along with various sources of laws...........1
P2 Describing government's role in order to make laws........................................................4
M1 Evaluating effectiveness of legal systems........................................................................5
Section 2 – Impact of Law on Business Organisations....................................................................5
P3 (a) Explaining legal obligations of employers..................................................................5
(b) Relevant employment and contract law on the case scenario...........................................7
M2 Potential impacts of regulations, legislation and standards.............................................7
Section 3: Legal Solution to Business Problems.............................................................................8
P4 Appropriate legal solutions for both case scenarios..........................................................8
P5 Proper justification for the solution by either referring to a relevant statute ...................9
Section 4.........................................................................................................................................10
(a) Concepts and benefits of using Alternative dispute resolution ......................................10
(b) Recommending an Alternative legal solutions to the following business problems. ....10
CONCLUSION..............................................................................................................................11
REFERENCES..............................................................................................................................12

INTRODUCTION
A term which refers to different legal rules and regulations and adopted by an enterprise
to operate in market is considered as business law. On the basis of this, an organisation easily
able to start, operate, manage and run whole firm in proper as well as smooth direction. Those
rules established and amended under this aspect are mandatory to follow every firm when
operates legally in market (Conley, 2014). The present study shows about structure of English
legal system and roles play by every government in order to frame legal rules in the country.
Apart from this, legal rules and obligations are described of the employers with reference to
health and safety, harassment, compensation of workers and equal opportunities. In addition to
this, some beneficial solutions are explained on specific business issues as well as problems. On
the basis of this, the companies able to make effective business judgements at the working
environment. At the end of present assignment, some suitable legal solutions and suggestions are
given to the suffered party on the basis of alternative legal advices.
Section 1 – Nature of Legal Systems
P1 Explaining structure of English legal system along with various sources of laws
A legal system which is governed and handled by government of England and Wales is
considered as English law. It basically comprises with two terms which are like criminal as well
as civil. There is any kind of formal codification not comes into consideration whereas only legal
systems are applied by judges. Further, structure of English legal system is described below:
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Illustration 1: Structure of English Legal System
(Source: Haigh, 2015) Tribunals service: This kind of court makes decisions and provides judgements to
suffered party on some specific cases. This is one of the most segment of the selected
structure and comes at the bottom part (Been, Millett and Sheikh, 2015). Cases which are
considered under this court are like immigration, injuries, accidents, criminal, social
security, tax, education, lands, employment etc. Magistrates courts: Under the structure of English legal system, this specific court
mainly deals with those cases which rely under criminals only. Apart from this, civil
cases are also considered sometimes where three magistrates and one district judge
analyse and solve. Crown courts: Those cases and problems which transferred by magistrates are taken into
consideration in crown courts. These are generally appealed in court of appeal which is a
part of criminal cases. Country courts: The aspect in which each and every kind of issues heard instead of only
highly complicated as well as most simple cases (Gaillard, 2014). Decisions are made by
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only judge where jury members are not included. Further, it deals with debts repayment,
breach of contract related to money and property. High court: In this, basically three categories included which are chancellor, family and
queen's bench. The first division takes cases of firms, patents and particular branch of the
enterprise. Last category of high court deals in admiralty, commercial, technological,
mercantile, administrative and constructional cases. Court of Appeal: It is categorised into criminal and civil both divisions where cases of
these both terms are considered. Supreme courts: It is head of high court as well as court of appeal in which those cases
undertaken which are not resolved from the hand of high court (Haigh, 2015).
 Judicial committee of privy council: It is one of the final and the highest level of
structure of English legal system. It's some roles and duties are taken by supreme courts.
In the area of business law there are wide range of sources and origins available. When
any kind of legal rules applied in the market then framed and implemented by such sources.
These are categorised into two basic parts which are like primary and secondary. Explanation of
such sources of laws is stated below:
Primary sources
Those legal rules as well as regulations which are directly framed by parliament
legislation as well as European laws are considered as primary sources. On the basis of this wide
range of issues and problems resolved in court and businesses both properly. Basic primary
source is case laws in which any kind of judgements are undertaken by courts only. At here other
or third party has not right to interfere at the time of formulating and applying legal laws. It
contains facts and figures for formulating those rules which are legally applied on the business.
Apart from this, parliament legislation is another primary source by which several legal laws are
made (MacCormick, Summers and Goodhart, 2016). As per this, some electronic systems
adopted which are like print media, SOAS database, computerised approaches etc.
Secondary sources
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Apart from the primary sources of laws, secondary are based on the comments which are
provided on different laws. After considering existed laws and legislations new rules are
acquired by the management. It comprises with two terms which are such as legal encyclopedias
as well as parliamentary and non-parliamentary publications.
P2 Describing government's role in order to make laws
Role of government in law making:
When any kind of new or old laws applied on business case then government plays a vital
role. In the present project role and duties of government are discussed for preparing new
business laws. When the parliament makes any kind of laws then firstly discuss with government
of country. The reason is that government has proper record of current condition of the country
and needs also in appropriate way (Eddy, 2017). Once discussion completed then at the time of
applying rules or laws, parliament has to take permission of government. Until and unless bills
are not passed and approved by it then parliament has not any right to implement laws in the
country. Wide range of policies as well as legal frameworks are also prepared by government for
social welfare. Considering this particular aspect the parliament and authorised parties make the
laws. Therefore, it can be clearly said that in order to determine legal policies' government plays
a major and pivotal role.
At the time of preparing new laws for business in country some bills and documents are
framed by the parliament. It considered as one kind of draft which is signed and then approved
by government. Apart from this, in order to analyse pros and issues which will be incurred after
application of new laws are also analysed by government. In order to screening and scrutinising
those bills which are prepared by parliament the government has major role. Moreover, it can be
said that government has major as well as pivotal role for making new business laws and
legislations in country (Haag and Sund, 2016).
Ways by which statutory and common laws implemented in courts:
A part or proportion of English legal system which is determined from two precedents
like custom and judicial is known as common law. In this any kind of statutes laws are not
considered by the justice courts. In order to make different judgements on normal cases which
are not highly complicated then common laws are applied. Further, the low level of judges who
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make solution of normal cases then have not right to consider such laws. Apart from this,
common laws are implemented by high court as well as judges of the supreme courts. At the time
of applying common laws in justice courts then some decisions are selected, evaluated and
modified in accordance to case initially. Once this process completed then applied on the actual
case or problem for making effectual decisions.
Those legal rules and regulations which are generally enacted by a body i.e. legislative
and necessary to apply at the workplace of each organisation is known as statutory laws (Qi,
Roth and Wald, 2017). These kinds of rules are varied in accordance to regulatory as well as
administrative legislations and laws which are confirmed by executive authorities. These are
existed in each and every court and applied when judge is going to make proper decisions. Due
to lack of using statutory laws in an appropriate way fruitful justice cannot be made. Apart from
this, when parliament prepares statutory laws then justice court cannot ignore them for
application. Hence, these laws apply in justice courts in legal manner.
M1 Evaluating effectiveness of legal systems
A system or rule which is enforced as well as interpreted by several laws and rules in
proper way is referred as legal system. With the help of this particular method, a business easily
able to make solution of those problems which are critical. On the problem or business case,
some legal rules and laws are properly applied. The reason is that, it helps to make solution of
the whole case and provide fare justice to one party who actually suffered from loss. In addition
to this, when judge is going to analyse particular whether it is criminal or civil then unable
necessary to apply legal system (Zhu and Zhu, 2016). Due to this, it cannot make manipulations
and resulting fair justice can be determined in the justice court.
Section 2 – Impact of Law on Business Organisations
P3 (a) Explaining legal obligations of employers
(i) Occupational health and safety: It is foremost duty of an employer to render a healthy and
safety working environment to its employees. There are various legal obligations, case studies,
etc. are there in this context (Akhmetov and et.al., 2016). As per Health and Safety at Work etc.
Act
, 1974, it is necessary for an employer to encourage, regulate and enforce workplace health,
safety and welfare. It is also abbreviated as HSWA 1974 and a major law proposed by the
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Parliament of UK. Further, there exits some other legislations in this order, they are Management
of health and safety at work regulation, 1999. Reporting of injuries, diseases and dangerous
occurrence regulations, 1995 and Workplace (Health, safety and welfare) regulations, 1992. All
of them are imposed with a motive of managing health and safety of employee at the workplace.
(ii) Workers compensation: There are some cases observed when employees has to face harms
due to organisation. However, there are various legal laws according to which, if employee face
any harm while work then employers have to compensate for it. For instance: By making use of
Employment Rights Act (ERA) 1996, employees can avail all the legal rights framed for them.
Work compensation obligations helps employees in recovering lost salary, medical expenses,
payment for disability, etc. Also, they are used for training and restoration (Qi, YRoth, and
Wald, 2017).
(iii) Harassment: There are many negative impacts of harassment n employees and employers
as well. In order to render effective working environment to the employees, employers are
required to check for any verbal, mental or physical harassment. In addition to this, there should
be no activities in the organisation like sexual and racial harassment (Bender, 2016). Both
harassments leaves a long impact on employee. For accessing more information regarding legal
obligations in sexual harassment, case studies are [Bracebridge Engineering Ltd v Darby
] Case Summary (1990) and [Strathclyde Regional DC v Porcelli] Case Summary (1986).
Further, under Section 3A of the RRA 1976 it is illegal to harass employee on the basis of their
race and disabilities. Hence, as per these laws organisation are suggested to encourage a
harassment free business environment. In addition to this, it is unlawful to verbally harass
employees.
(iv) Equal opportunities: It has been observed that there are various cases recorded everyday
for the inequality done by organisation with their employees. This discrimination is done on
various basis such as race, class, colour, gender, abilities, etc. This separation leads them to avail
lesser opportunities (Public acts. 2017). Thus, because of this biasing many employees gets
deprived of what they deserve. However, it should be recognised that there are different legal
obligations exists to cope up with the discrimination done by employers (Qi, YRoth, and Wald,
2017). As per Sex Discrimination Act, 1975, employees belonging from any gender should be
provided with equal opportunities. Equal pay act 1970, Disability Discrimination Act 1995
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(b) Relevant employment and contract law on the case scenario.
Brief Description of Case: The present case revolves around a 16 year old girl that works at a
fast food outlet at a frying range. Accidentally, one day her hand went into deep fat fryer after
slipping on water that was leaking from ice-making machine. Further, it has been found that the
leader was not there when this incident took place. Also, there was short staff on the day when
this incident took place.
There are various laws and cases summaries that can be applied in the present
case. In this case scenario, breaching of various legislations is there that caused this incident to
took place. As per the present situation, the 16 year old girl can make Employment Protection
Act 1978 against the fast food outlet. In addition to this, there exist one more relevant law which
is Employment Law Guide, 2nd ed., 1996, p 15. According to this, employees should be aware
and trained of all the business operations so that they can carry them effectively. Further,
employers are required to give relevant knowledge to employees. In addition to this, it has been
observed that the fast food outlet is not following occupational health and safety as per work
health and safety act, 1947. The 16 year old girl can challenge this in high court as per ‘The
Human Rights Act and labour law’ (1998) 27 ILJ 275. This tool is used when some organisation
does not follow the government imposed laws. In addition to this, despite of legal laws there are
also some case summary that can be used in this case scenario, some of them are as follows:
Harris v Select Timber Frame Ltd
Case Summary (1994)
Morrish v Henlys (Folkestone) Ltd Case Summary (1973)
M2 Potential impacts of regulations, legislation and standards.
All these elements namely regulations, legislations and standards highly varies from each
other/ However, its should be recognised that their purpose is somewhere same. These parameter
are highly required in effective functioning of a business. Legislation is a directive placed by
administration or government (Clark, 2016). Organisations are required to abide with them
effectively for business operations to be carried legally. However, it should be recognised that in
present scenario major legislations are breached. For instance: The fast food outlet was not
following Occupation health and safety of its employee.
Regulation refers to those specific requirements those varies from entities to entities.
These are also result of government laws and are necessary to be complied with. Its spectrum is
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way more broader than the legislation. In present case study, the breaching of various regulations
has taken place. Fist of all, there will be no safety measures for instant relive. Secondly, it has
been observed from the case study that the equipments were not in sound condition .Crane, A.
and Matten, D., 2016 The major reason behind the incident was the leaking ice making machine.
Organisation is required to soon replace the old ineffective and dangerous machinery with the
reliable ones. In contrary to this, standards are not written by government they are rather framed
by the organisations itself. the organisation should not grant leaves to so many employees on a
day as it will increase the work load on others. Also, absence of leader from the accident spot
puts an interrogation mark on the effectiveness of business operations.
Section 3: Legal Solution to Business Problems
P4 Appropriate legal solutions for both case scenarios.
CASE 1
Brief Description of case: In this case study, a designer named Calvin works in a large fashion
house since 4 years. One morning when the owner of store arrives in premises she found Calvin
acting suspiciously. When she checked the cash box she observed that £100 is missing from
there. Donna blamed Calvin for this and abuse her in front of other employees. It should be
further noted that there were 4 more employees present there when this incident tooka place.
Appropriate legal solutions: In this case, there exists a wide range of legal solution of the
situation which Calvin can use against Donna. First of all as there were 4 more employees
present when this incident happens then Dona has no right to accuse Calvin without any proof. In
addition to this, it is unlawful to abuse employees (Cuniberti, 2016). Further relevant case studies
that can be used by Calvin are as follows: Whitbread & Co v Thomas. Case Summary. [1988] for
evidence less blames applied by the Donna regardless of the fact that there were other people too
who may have attempted that crime. Further, she can also use Warren v Henly’s Ltd. Case
Summary. [1948] as Donna has verbally abused Calvin.
CASE 2
Brief Description of case: In this case, the victim has the less powers. Dan, who owns a small
convenience store experienced fire in his store. This incident made him shifting his business.
Before entering new place, Dan took a fire insurance. Accidentally, the new place also gets fire.
Due to this, when Dan claims for the amount of insurance the company denied him. This is due
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to the fact that any person can not claim twice in two year time period. Unknowingly, Dan has
signed those documents on which this statement was written.
Appropriate legal solutions: There are no much legal options available for the victim in this
case. As legal structures do believes on the agreements that are made for a contract. In this case
study as the Dan has signed the documents on which the terms and conditions were clearly
stated. Thus, there are no such legal option that can be guaranteed to him. However, it should be
recognised that he did it unknowingly so he can make use of null and void law (Qi, YRoth, and
Wald, 2017). Further knowledge can be accessed through relevant case study: Lloyd v Grace,
Smith & Co. Case Summary. [1912]
P5 Proper justification for the solution by either referring to a relevant statute
As per the above discussion it has been analysed that there are various kinds of legal
solution can implement in the case of Calvin and Dan. In the case of Calvin, at the time of
situation occurs then there are lots of employees present so Donna can not blame to specific
Calvin. In this situation it has been recommended the legal solution that are Whitbread & Co v
Thomas. Case Summary. [1988] and Warren v Henly’s Ltd. Case Summary. [1948].With
assistance of this legal solution, parties can easily resolve the actual issue and understand the
scene behind the problem at the workplace (Goldman and et.al. 2013). In this case. Calvin has no
chance to provided his innocence so it is mistake of the Donna who did not gave any chance to
the Calvin. In this case, Calvin have right to take legal action against the employer under the
employees right act 1996 because no organisation have right to misbehave and insult of any
worker in front of the other (Harner and et. al. 2014.). Employees have right to get respect and
equality at the workplace. Donna have not blamed to other employees who was present at the
floor that time but she blamed only Calvin so it can be said that Donna was discriminated with
Calvin. The provided solution under the Whitbread & Co v Thomas. Case Summary. [1988] and
Warren v Henly’s Ltd. Case Summary. [1948] is very effective because with help of this legal
solution, employees can get knowledge about their right and gain the solution of their problem.
In this legal solution in the case, both Calvin and Dan can get their right and protection from the
unlawful and illegal action (Coffee and et.al. 2015). This mentioned solution can provide the
protection of their rights and precise of employees in an organisation as no one can misbehave
and insult in front of other employees. In this case study , at the initial level, Donna have not
given any chance to Calvin to prove their innocences. It provided solution can help to the both
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parties in the both case in protecting their self respect and image in the company. With help of
various legislations related to the employees like employment rights, act, equality act,
discrimination act, etc employees can get the right and protection within the organisation. Thus,
it can be said that in the case of Calvin and Dan, both can get the protection from their employer
buy use the legislation and code of conduct. In addition to this, it has been also found that right
are imposed by the government and justification of court so every employees can use these rights
in order to get protection at the workplace (Allen and et.al. 2016). It is very important for the
Dan and Clavion to understand the rights and legislation which have given by the court and
government ion order to protect them in an organisation.
Section 4
(a) Concepts and benefits of using Alternative dispute resolution
It is considered as most complex that conflicts and grievances must be resolved at
workplace so that peace and harmony should be maintained. Alternative dispute resolution
process is method which is used in the enterprise so that issues can be managed or resolved
without facing more difficulties (Haigh, 2015). In this method, various types of techniques have
been used to resolve conflicts and it aids for solving work place related issues and providing
better solutions to the staff members for resolving conflicts. There are various types of
procedures which are used as techniques with objective to resolve disputes in the entity.
Negotiation process makes use of various techniques in which participation of the conflicting
parties is voluntary in nature and thus it aids for solving the disputes that occurs at the work
place (MacCormick, Summers and Goodhart, 2016). In this, the mediation is considered as the
dispute resolution process in which the mediator act as conflict resolver and provide valid
judgement after analysing the reasons and justification of both the parties.
Arbitration is also major instrument for the resolution of industrial disputes in which the
parties will appoint an arbitrator which is considered as third party with the helps of appellate
authority in country. The arbitrator is liable to provide its report to authority within 30 days of
dispute resolution. Judgement of arbitrator is mandatory to be followed by both the parties.
(b) Recommending an Alternative legal solutions to the following business problems.
In the present case, it has been Underwood that there are two main parties Antwon and tyrell.
Antwon owns a large investment firm and while working in the firm he faced dispute with a
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party. Tyrell is the owner of the firm with whom he had dispute and it was the major cause of
conflict between the two parties. Both the parties have collective dispute with each other. It is
also analysed that they don't want to remove their working relationship and needs to resolve the
problems. Further, there are two main instruments of disputes resolution through which they will
be able to resolve the dispute such as:
 Collective bargaining: Most suitable method in which representative of both the parties
Antwon and tyrell meet and negotiate for arriving at collection agreements (Grundy,
2015). Collective bargaining is considered as successful when the agreements is
beneficial for both the parties. This is major and effective way of dispute resolution
which consumes less time and also will not harm the relationship between the parties.
 Arbitration: It is also considered as effective after failure of collective bargaining and
negotiation (Gaillard, 2014). In this, both the parties will communicate and arrive at
appellate authority where they will request to appoint an arbitrator which helps in
resolving the dispute. In this arbitrator will appoint by government will make decision
dispute and it will be mandatory for both the parties.
CONCLUSION
In the present report, it has been concluded that it is considered as significant for
organization to follow the legislation so that all the business activities will operate smoothly.
Employer of an organisation is liable for providing better working conditions and occupational
health and safety to all the employees that are working in the entity. Legal systems that are
implemented in the nation are effective in terms of recent developments and laws. Employees
should be aware and trained of all the business operations so that they can carry them effectively.
Arbitration is also major instrument for the resolution of industrial disputes in which the parties
will appoint an arbitrator which is considered as third party with the helps of appellate authority
in country. At the end, some suitable legal solutions and suggestions are given to the suffered
party on the basis of alternative legal advices.
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Online
Public acts. 2017. [Online]. Available through: <http://www.hmso.gov.uk/acts/acts2001.htm>.
[Accessed on 11 November 2017].
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