English Law and Business

This assignment delves into the realm of English law and its applications in business. It draws from a variety of sources, including academic journals, books, patents, and online resources. The topics range from corporate governance and entrepreneurship to public service motivation and trust. The assignment is likely for students in a Business Law class or those researching similar themes. It presents an opportunity to examine how English law influences business practices and decision-making processes.

Business Law

TABLE OF CONTENTS
INTRODUCTION...........................................................................................................................1
SECTION 1......................................................................................................................................1
P1 English legal system and sources of laws companies required to follow.........................1
P2 Role of government in law-making...................................................................................3
M1 Effectiveness of the legal system.....................................................................................4
SECTION 2......................................................................................................................................4
P3 A) Employers' legal obligations........................................................................................4
M2 Potential impacts of regulations.......................................................................................5
B) Employment and contract law...........................................................................................5
SECTION 3......................................................................................................................................6
P4 Relevant legal solutions....................................................................................................6
P5 Enumerating justifications for solutions...........................................................................7
M3 Positive and negative impacts of solutions......................................................................8
SECTION 4......................................................................................................................................8
P6 A) Alternative Dispute Resolution process.......................................................................8
B) Providing alternative legal solutions.................................................................................9
M4 Effectiveness of different recommendations...................................................................9
CONCLUSION..............................................................................................................................10
REFERENCES..............................................................................................................................11

INTRODUCTION
Business law is important to be followed quite effectively so that organisation can carry
out tasks in the best possible way. The present report deals with importance of laws in the
businesses. It also discusses about the effectiveness of English legal system to maintain and
regulate laws in the country. Moreover, procedure for how bill is passed and becomes law is
discussed as well. Various case studies are discussed and employment laws are being explained
quite effectively. In addition to this, alternative dispute resolution process is also discussed and is
an alternative way of seeking help apart from courts.
SECTION 1
P1 English legal system and sources of laws companies required to follow
The English legal system of UK is divided into criminal and civil laws. These two laws
provide justice to people against any type of discrepancies which might occur between two
people or with employers in terms of organisation. Various laws prescribed in the system help
citizens and also implements laws which are helpful in fair business practices in the best possible
way. The English law is applicable to England and Wales having various courts and process for
handling complains against any wrong doer. The system can be cleared with diagram below-
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Illustration 1: English legal system Source: law.duke.edu

Supreme Court: This court is the apex one of the UK. The cases are filed in this court when not
resolved by other courts. As such, it is the final court which hears upon appeal on criminal and
civil cases and provides final judgement. It started operating on 1 October 2009 and is authorised
by Constitutional Reform Act, 2005. All the major cases are being solved by the Supreme Court
of UK.
Court of Appeal: This court is second highest one after Supreme Court. This court has two
divisions such as criminal and civil division (Cameron, 2017). Both of them handles complaints
and provide fair judgement. Criminal law is led by Lord Chief Justice and civil law is led by
Master of the Rolls. Civil law handles non-criminal cases and as such, both laws have different
way of working and different procedures for handling any misconduct.
Crown court: Crown court is formulated for handling only criminal cases and is one of the
highest court in such cases. It hears appeal from Magistrate courts. It handles cases related to
robbery, murder and many more such cases.
High court of justice: As the name suggests, it is the highest court which deals with important
and high profile cases. This court has three divisions which are Queen's Bench division,
Chancery division and Family division as well. It is led by Lord Chief Justice.
Magistrates' court: Magistrates' court is lower level ones and is enacted and formulated by
Magistrates' Court, 1980. The cases heard upon are mainly related to family issues and moreover
consists of robbery, traffic rule violations and several criminal cases as well.
County court: Non-criminal cases are handled by County court. The cases are filed against any
legal business and family issues. In this, victim has to be paid amount of money claimed by him
by the other person held liable by the court.
Sources of laws for companies:
Various kinds of law are enacted by UK government from time to time so that fair
business practices must be initiated in the country quite effectively. The laws include defining
valid name of the company which is governed by Companies Act, 2006. This Act leads to define
of corporate taxes, duties of directors and many more (Allen and Kraakman, 2016). Other act
such as European Union law also governs and include financial standard etc. Moreover, statutory
laws help organisations to follow legal framework.
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P2 Role of government in law-making
The law in UK made by the government is passed with various stages and then on
successful approval of the highest authority, act is formulated and enacted which is to be
followed by the citizens and business organisations quite effectively. The various stages in which
bill is passed is described below-
Bill- At the primary stage, draft of bill is formulated and then presented in the appropriate court
which handles cases related to such bills. The various bills are categorised as private, private
members, public bills.
First Reading- Bill is drafted and title of it is named which is read by House of Commons. No
other activities are done at this primary stage (Stages Of Law Making In The UK, 2018).
Second Reading- At this stage, debate related to bill presented is done and then MP votes for
and against it and decides whether it should be passed on to the next stage or not.
Committee Stage- This stage is accomplished as detail screening of the bill is done by House of
Commons. Furthermore, any amendments are also done in this stage.
Report stage- The committee reports back to House of Commons and this committee debates to
the bill as well.
Third Reading- Bill is again presented to House of Commons and decision is made whether bill
should be formulated in law or not.
House of Lords- The bill is presented to House of Lords and it analyses all the stages and make
amendments if any and sent back to House of Commons.
Royal Ascent- This is the last stage where bill is accepted for law. The Monarch approves the
same and Act of Parliament is made.
Statutory and Common Law -
Two laws such as statutory and common laws are enacted by the UK government for fair
judgement purpose. As the name suggests, statutory law is formed by government agencies and
as such, laws are passed by state and federal governments (Disch, 2016). New laws are
formulated so that people are benefited by it and no demands made by them remain unfulfilled.
Generally, these are written laws. As such, various legal issues are considerably resolved. On the
other hand, common law means that it is formulated by the precedents which are judges. For
instance, common law means that people have to read whole terms of contract before agreeing to
it. Thus, these types of laws help to ensure legal framework in the country.
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M1 Effectiveness of the legal system
The English legal system is quite important and as such, it is effective as various laws are
enacted which provides legal help to the disputed parties. The common and statutory laws
enacted by the UK government provide help to business and at the same time citizens as well. If
no effective legal system is present in the nation, then criminals will not be punished and
penalised for their wrongful actions. As such, English legal system provides full justice to the
victims and as a result, legal system help to provide justice to the citizens with much ease
(Devine and et.al, 2017).
SECTION 2
P3 A) Employers' legal obligations
1. Occupational Health and Safety-
The legal obligations of employers' in terms of occupational health and safety is quite
essential so that workers can accomplish daily tasks in the best possible way. This is important as
employers should provide first aid facility to employees in the event of any injury is occurred at
the workplace. Moreover, warning sign boards, posters should be used to warn workers against
any type of hazards that might prevail in the workplace. Protective clothing such as googles,
helmets, safety gloves should be provided so that they may safely accomplish work with much
ease. Thus, employers' are in duty to provide all the safety measures to employees' for ensuring
health and safety at the workplace.
2. Workers compensation-
In event of any injury done to employees', employers' are under duty to provide
compensation to them so that they may be treated quite easily. This is the workers' rights to
claim for compensation from the organisation. For ensuring this, employers' should impart
insurance facility to employees' so that in event of any incident, insurance company may initiate
compensation to them (Tushnet, 2017). Thus, it is the right of workers to file for claim and
medical facilities should also be provided by the employers'. This right should be accepted by the
organisation and is legally binded to perform this as well.
3. Harassment-
Harassment is a serious offence and employees' should be protected from it. Harassment
Act, 1997 has been enacted to deal with severe issue by the UK government. Employers' should
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provide legal protection to all the employees' mainly females so that they can be safeguarded
from such cruel act. For ensuring this, strict measures must be taken by the employers' so that
safety may be imparted to them in the best possible way. The cases include sexual harassment,
sexual orientation and many more.
4. Equal opportunities-
Equality Act, 2010 guides organisation to provide equal opportunities to employees be it
male or female. Equal opportunities' means that civil rights should be provided to employees' and
no discrimination should be done on the basis of caste, religion, race and colour. Thus, without
such discrimination, employers' must provide them all the rights so that they may work for the
betterment of the concern company with much ease (Swanson and Frederick, 2016). Moreover,
equal opportunities provide employees' to work without harassment as well. Furthermore,
compensation, insurance and medical benefits should be fairly imparted to them.
M2 Potential impacts of regulations
Regulations
Regulations are termed as laws which are generally enacted by government and relatd
bodies and as such, it can be linked to the above case study that eqaual opportunities at the
workplace must be provided to employees so that they may get fair enough opportunities.
Legislation
Legislation is termed as law which is enacted by the government which is legally binding
on all the parties and people as well. Thus, Harassment Act, 1997 provides help from misconduct
happening at the workplace.
Standards
Standards are known as measures which should be followed by the employers so that he
may provide adequate facilities to the workers in the organisation (Kalyvas, 2018).
B) Employment and contract law
From the case study above where minor girl was injured, employment law can be
implemented. The 16 year old girl slipped on the floor and got herself burned. The minor are not
allowed to work in the organisation or any other place as it is a serious offence. The law which
can be implemented is Child Labour Act which prohibits from doing work below the age of 18.
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The employer can be held liable from the case as he was engaged doing other work and
employed a minor in the workplace.
Child labour is a major offence which should not be done by the employers'. In the case
study, employer was engaged in some other work and that incident happen with the girl. He
should not have employed minor girl in the operational activities and as such, without any
medical facility to her (Michalos, 2017). The girl was left up with severe burns at such high
degree of temperature. The employer can be held liable for two cases such as employing minor
and other case can be of not providing adequate medical facilities in the event of such injury.
The employer should have provided proper medication to the minor girl. He should not
be provided her with the operational tasks and that too not in his presence. The medical facilities
should have provided to the girl so that it could have treated and moreover, should have taken to
the hospital for treatment. The employer also not provided adequate medication to her and as per
health and safety laws, he can be penalised by imparting compensation to the girl and also pay
her hospital charges and bills. It is the employer's duty to provide all the rights to employees' and
make sure that no minors are being employed by him at the workplace.
SECTION 3
P4 Relevant legal solutions
From the case study above, it can be said that employee was unfairly dismissed from the
organisation. As such, Employment Rights Act, 1996 applies to this case. It can be conveyed that
Donna should not have been terminated Calvin in such a manner. She herself declared Calvin as
a thief without any concrete evidence. The employee can sue case against her in the court on
account of unfairly dismissal without giving appropriate legal notice in the event of such
dismissal. She can be held liable for suspecting him as a thief without having concrete evidence.
Employment Rights Act, 1996 states that employers should not terminate employees
without providing them legal notice. The law states that employees' who are dismissed on wrong
basis may sue case against employers' for getting lost benefits and salaries as well. Thus,
employer's cannot dismiss workers without giving appropriate legal notice before termination
(Maresch, Harms, Kailer and Wimmer-Wurm, 2016). The employer must provide legal dismissal
letter in which information should be listed consisting of ground for dismissal, reason for such
dismissal, outstanding payment should also be listed in such letter. These all the liabilities and
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obligations was not followed by Donna and she terminated Calvin without giving adequate
notice and reason for dismissal. Thus, it can be held liable for not complying with the law.
Moreover, she was required to go through the reason regarding missing of £100 from the
petty check box. Donna can be held liable for unfair dismissal of Calvin. By having concrete
evidence, she could have taken right decision. But, she dismissed employee without having such
evidence (Tepe, 2016). The employee can sue against employer for unfairly terminating from the
organisation and recover amount of compensation. The employee should get compensation on
the account of salaries and all the benefits which should be given by the employer. Thus, it can
be conveyed that employees' should be given proper legal notice before terminating them and
also employer's should a valid reason for such dismissal so that no case may be sued against him.
While another case is about fire insurance and as such, Dan should be paid the amount
which he claims on the fire that took place in his new store. The insurance company is held liable
for paying out the insurance amount as he has suffered substantial damage in the new store. The
claim made by Dan is valid and he can file case against company and as such, he can recover
amount from the company. Thus, Dan can sue against insurance company for getting
indemnified against loss occurred due to fire in the store.
P5 Enumerating justifications for solutions
The appropriate justification for above cases can be made with much ease. Starting from
the case of Donna and Calvin. The rights of employee under the Employment Rights Act. 1996
lists out that no employee can be dismissed without giving legal notice of dismissal and as such,
employees can file case against it for recovering benefits out of it (Paolella and Durand, 2016).
In addition to this, reasonable and appropriate reason for dismissal should also be listed in the
termination letter. From the case study, it can be said that Donna has not followed any such
obligations and terminated Calvin without having concrete evidence for such dismissal. Thus, it
Calvin can get his right back by using employment rights and as such, he can get his job back
with full pride. While, other case which belongs to Dan which suffered loss as fire took place in
his store. Thus, he can file case against insurance company for not providing compensation to
him in the event of loss. It can be explained with relevant justification for above two cases which
are described below-
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1. Employee compensation-
Employees' should be provided compensation as they provide satisfactorily work to
employers and as such, cash rewards should be imparted to them. It is the right of employees to
be paid against the services provided by them to employers. Moreover, it can also be justified
with the above case that Danna should have been compensated to Calvin as he lost his job and as
such, he can file case against employer to recover amount (Berg, 2017).
2. Legal defence-
Legal defence means that all the requirements are being met in the case. It is seen
adequate in the eyes of law. Thus, a person can try to avoid any case against him by presenting
any defence. Thus, it is permitted under law and as such, person can get legal protection from the
case. Thus, Dan can provide defence to court so that he may get compensation from the
insurance company and as such, he can get legal help from the court.
3. Compliance & regulation-
Another business solution which can be justified is complying with regulations and laws.
This is essential as organisations has to abide by the laws enacted by the government so that they
can be legally carry on the work without any difficulties. This can be linked to the case of Donna
and Calvin as the employer has not followed by the rules and regulations of dismissing employee
without giving him adequate and proper legal notice. Thus, she violated employment law.
M3 Positive and negative impacts of solutions
Positive impact of legal solutions are that business is able to provide quality goods and
services to the consumers. It is relevant to the case of Calvin as he may get legal help from the
court and get all the benefits which are required (Shaw-Mellors and Poole, 2018).
It has negative impact to the organisation as insurance company and Donna needs to pay
the amount of compensation claimed by the parties and as such, they may have to pay amount to
avoid any legal action from the court. This negatively impacts business problems of the parties.
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SECTION 4
P6 A) Alternative Dispute Resolution process
Alternative Dispute Resolution (ADR) is the process which deals with solving disputes
between citizens and organisation without indulging into court case. In simple words, disputes
are resolved without involving court intervention in it. Mainly it involves, two forms such as
mediation and arbitration. Mediation means that an independent party which help in resolving
disputes between two parties and as such, issue is solved between them with the intervention of
third party.
On the other hand, arbitration means that third party intervenes in the dispute resolution
between parties involved in dispute (Carlin, 2015). It considers facts and then come to
conclusion which is legally binding on both of the parties involved in the dispute. Thus, these
two common forms are being used without any intervention from the court. This process is
usually used by lawyers and mediation service providers as it help to solve the case between
disputed parties with much ease and also it produces fast and quick results. As a result, it is good
alternative to court for solving issues in between the parties quite effectively. In contrary to this,
ADR process is not used for criminal cases and this is resolved by the court itself. As such, ADR
is only applicable for solving civil disputes between the parties.
B) Providing alternative legal solutions
The alternative legal solutions that can be solved between Antwon and Tyrell is
mediation by using alternative dispute resolution process with much ease. The business
relationship between these two can be solved quite effectively by seeking help from the
mediator. This process is quite effective as by using this mediator may hear upon the dispute
them and as such, he can come to conclusion so that issue can be solved with much ease.
Mediation is effective form of solving disputes. Mediator can satisfactorily hear upon the
dispute between Antwon and Tyrell and as such, adequate solution can be provided by him with
much ease. Effective final outcome can be accomplish so that issue may be solved between
them. As such, mediation is one of the important form of alternative dispute resolution process.
The business relationship between two persons can be easily resolved by seeking help from
mediator and as such, court intervention can be easily avoided (Blount and Nunley, 2015). Thus,
by seeking out help from mediation to solve civil dispute between Antwon and Tyrell, issue can
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be easily resolved with much ease. It is the fastest and cheapest method as parties can avoid high
court fees and resolve the dispute with much ease.
M4 Effectiveness of different recommendations
The business problems can be solved by taking help from alternative dispute resolution
process as it is an effective method and involves concrete solutions to the disputed parties.
Mediation and arbitration can be used to solve issues and as a result, civil disputes can be easily
solved by this process without the intervention of court (Mikami, 2016).
CONCLUSION
Hereby it can be concluded that law has much effectiveness to the business for carrying
out the activities in effectual manner. This helps companies to get legal help from the English
system and get justice in return. The role of government in making laws is much relevant and
important. The bills are passed and is finally approved by the authority which becomes Act of
Parliament. The laws are legally binding on the organisations and citizens as well. Thus, it can be
conveyed that employees get enough legal help from the framework provided by the laws in the
best possible way.
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REFERENCES
Books and Journals
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organization. Wolters Kluwer law & business.
Berg, C., 2017. Enhancing the assignment: Using the Framework for student learning and
assessment in a Business Law class. College & Research Libraries News.78(9).
p.502.
Blount, J. and Nunley, P., 2015. Social Enterprise, Corporate Objectives, and the Corporate
Governance Narrative.American Business Law Journal. 52(2). pp.201-254.
Cameron, P., 2017. International energy investment law: the pursuit of stability. OUP Catalogue.
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Carlin, J. P., 2015. United States Assistance Attorney General for National Security John P.
Carlin Delivers Remarks at the American University Business Law Review 2014
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Devine, W. M and et.al, 2017 International Business Machines Corp. Securing live migration of
a virtual machine from a secure virtualized computing environment, over an
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Disch, L., 2016. Representation. In The Oxford Handbook of Feminist Theory.
Kalyvas, S. N., 2018. Civil wars. In The Oxford handbook of comparative politics.
Maresch, D., Harms, R., Kailer, N. and Wimmer-Wurm, B., 2016. The impact of
entrepreneurship education on the entrepreneurial intention of students in science and
engineering versus business studies university programs.Technological forecasting
and social change. 104. pp.172-179.
Michalos, A. C., 2017. The loyal agent’s argument. In How Good Policies and Business Ethics
Enhance Good Quality of Life (pp. 53-61). Springer, Cham.
Mikami, K., 2016. Cooperatives, transferable shares, and a unified business law. Annals of
Public and Cooperative Economics. 87(3). pp.365-390.
Paolella, L. and Durand, R., 2016. Category spanning, evaluation, and performance: Revised
theory and test on the corporate law market. Academy of Management Journal.59(1).
pp.330-351.
Shaw-Mellors, A. and Poole, J., 2018. Recession, changed circumstances, and renegotiations: the
inadequacy of principle in English law. Journal of Business Law.
Swanson, D. L. and Frederick, W. C., 2016. Denial and leadership in business ethics
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Tepe, M., 2016. In Public Servants We Trust?: A behavioural experiment on public service
motivation and trust among students of public administration, business sciences and
law.Public Management Review. 18(4). pp.508-538.
Tushnet, M., 2017. Comparative constitutional law. In The Oxford handbook of comparative law.
Online
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