Business Law Report: English Legal System, Employment & Contracts

This report provides a comprehensive analysis of business law within the United Kingdom, focusing on the systematic structure of the English legal system and its various sources of law, including the constitution and acts such as the Working Time Regulations Act and the Equality Act. It explores the government's role in law-making and the responsibilities of legal authorities in setting objectives and framing policies. The report delves into the liabilities of employers, including health and safety obligations, compensation for employees, and the prevention of harassment and discrimination, as mandated by employment and contract law. It emphasizes the importance of providing a safe working environment, ensuring equal opportunities, and adhering to health and safety regulations. The report also covers alternative dispute resolution processes and offers recommendations for resolving legal conflicts, highlighting the significance of legal compliance in business operations.

Business Law

Table of Contents
INTRODUCTION...........................................................................................................................1
SECTION 1......................................................................................................................................1
P1 Systematic structure of English legal system and sources of laws...................................1
P2 Government role in law making system............................................................................2
SECTION 2......................................................................................................................................4
P3 (A) Liabilities of employers..............................................................................................4
P3 (B) Employment and contract law....................................................................................5
SECTION 3......................................................................................................................................5
P4 Solutions for further legal conflicts...................................................................................5
P5 Justification for further solutions......................................................................................6
SECTION 4......................................................................................................................................8
P6 (A) Concept of Alternative dispute resolution process.....................................................8
P6 (B) Recommendation........................................................................................................9
CONCLUSION................................................................................................................................9
REFERENCES..............................................................................................................................11

INTRODUCTION
In United Kingdom, government has made various laws regarding business which have to
followed by every organisation. These legislation has contained various kinds of rules and
regulation which have impact on operation and decision making process. It also helps in sought
out problems that are occurred between two or more parties or any commercial matters. In other
terms, it can be said that business law is very helpful in running organisational activities in an
effective and efficient manner (Cirlig, 2016). This project is based on some case studies which
will help in knowing that what legal rights are available to the employees in case of any unfair
and unethical activities. It will also state about English legal system which is responsible to
follow systematic structure for resolving conflicts between parties. As per laws, employer is
obliged to create healthy and safe working environment so that employees will remain secure
and will work effectively and efficiently. Sources of law are mentioned below in project. Cases
discussed like 16 years old girl sustained sever burn as she slipped into water due to negligence
of team leader. Section 2 has been depicted that impact of law on business organizations. It is
affirmed that Employers have an implied contractual duty to take all reasonable steps to protect
the health and safety and to provide a safe place of work.
SECTION 1
P1 Systematic structure of English legal system and sources of laws
For carry out functions smoothly and effectively, members of English legal system are
responsible to follow structure. It plays an important role in resolving issues easily and also
provide satisfaction to the disputed parties. In United Kingdom, there occurs various types of
matters in which some of them are related to criminal offence that will be lodge in criminal
courts and some matters related to civil which will be handled by civil tribunal.
If an individual will have any issues and he wants to take help of judiciary system, then
he has to take advice from legal advisor who will assist in satisfying him. No tribunal has right to
avoid matters of parties and is also responsible for resolving disputes as well. Individual has right
to go high court, if still he is not satisfied with decision. If here, he does not get satisfaction from
its judgement then he can move towards Supreme Court for getting justice. Decision of this
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superior body has to follow by every person whether he is satisfied with it or not. Its jury can
give same decision as was taken by high court or may also pass to other (Cravens, 2013).
There are also various types of sources of law which helps in making rules, regulations
and policies related to specific matter. Because of this sources of laws, every citizens and
businesses have to follow all rules and regulations. Constitution- It is a written document which contained various laws and regulations. It is
made by government for protecting the rights and interest of citizens by framing various
laws. It states about the duties that have to perform by every resident as well as explains
the rights which are available to each and every citizen in every condition. This document
has several articles and relationship among states as well as federal legal authorities. This
procedure is very helpful in allocating power among members of government (Davis,
2012). It is delegated on the basis of their skills, knowledge and experience. It also states
about various clauses and amendments which are helpful in preventing wrongful
activities and also attempt to minimize criminal cases in the entire country. It covers
some acts that are described below-
◦ Working time regulations act, 1998- According to this legislation, no employee can
do their job more than 9 hours in a day and 48 hours in a week. Even if any worker
wants to do work more than specified period of time then he will be able to get
overtime which is double as normal working hours. If employer will not pay for extra
time limit then court is able to impose penalties on them.
◦ Pensions act, 2008- Employer has responsibility to pay pension amount to their
workers after they leave their job. During their employment, they submit certain
percentage of money from their salary and receive that amount only after providing
prescribed number of years of services. It will be paid during lifetime of person.
◦ Equality Act, 2010- Unequal distribution of income is having impact on work quality
and performance of entire company. Employers must ensure that equality always
needs to be manage among exiting employees who are working n company.
 Executives- It is also considered as an effective source of laws in which precedents are
involved. They have various types of powers which protect the rights and interest of
people as well as maintains their performance. Every firm have to follow them for
running their business effectively and smoothly.
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P2 Government role in law making system
There are various legal authorities who are responsible for making various types of rules
and regulations that have main motive to protect the rights and interest of people. They are able
to frame new policies by which existing laws can be protected and also minimizes criminal
cases. These authorities proposed an Act according to the situation of country so that critical
condition can be handled easily and effectively and nation will move towards the development.
For making a legal document, firstly members have to make draft of bill and same will be
delivered to parliament house for getting their approval. If it will accept then it will become an
act and if not get consent, then it will not be able to come into existence. This process is very
important for the development of country because it reduces severe offences even if crimes take
place then court will impose penalty on criminals. Government should also ensure that entire
organisations are following existing laws that should be followed by them (Ervine, 2013).
While taking any decision for the welfare of people, government plays an important role
because it makes policies and procedure which have to followed by everyone. There are some
roles of legal authorities which are given below-
 Set of objectives- Concerned members have to set specific targets that help in
maintaining their performance and in completing their task on time and in effective
manner. Before setting objectives, they need to gather specific information about
performance of companies as well duties of job providers. After framing of rules and
regulations, if it is found that business is not complying it then they will be liable for
penalties that are mentioned under law.
 Frame policies- After collection of relevant information, now government will be able to
frame specific policies which will help in controlling the situation of country. These
legal document will protect the interest of people as well as for the.
While making laws, common and statutory legislation plays an important role because it
provides support in taking decision related to it. If any issue occurs among people, then jury have
to use some legal terms while solving that problems. For resolving current matter, judge can take
help of common laws which will help in taking most appropriate decision. While statutory
legislation is provided by legal authorities in written form which will have stamp of government.
If existing laws are required some alteration then for this, a committee will be formed in
which 20 parliament members will be present who will take decision upon it after completion of
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argument. Ultimate judgement will be send to Monarch which will give their decision on it then
after modification will be done in existing legal document accordingly.
So from above discussion, it can be said that there are various types of statutory laws that
are implemented by concerned legislative authority (Goettsch, 2014). These legal documents are
made by bodies so that existing critical situation of the country can be controlled effectively and
efficiently so that economy of nation can have developed. It also helps in resolving issues and
also removes that conflicts which are influencing the lives of people.
SECTION 2
P3 (A) Liabilities of employers
Job providers have various responsibilities towards their employees that have to fulfil by
them according to the employment legislation. If they will not complete their obligations, then
they will be liable for penalty which are mentioned under law. Certain liabilities are as follows- Health and safety- Workplace should be safe and secured so that employees can perform
accordingly and comfortably. To provide this is the responsibility of employer. For this,
job provider should conduct training session which will boost confidence level of
workers and will also aid in improving their work quality. As per Health and safety act
1996, employer is obliged to provide all safety equipment to their staff so that they can be
protected from any hazardous situation. During training programme, trainer should
provide knowledge or instructions to trainees regarding their job and company's policies
and procedures (Goshen and Squire, 2017). Employers are responsible to provide safe
and secure working environment to employees in order to comply with law and keep
them for long time. According to section 2(b) Employers have a duty of care to their
employees - They should take reasonable steps which are reasonably possible to protect
their employees’ health, safety and wellbeing. Legally, employers must abide by relevant
health & safety and employment law, as well as the common law duty of care. Compensation of employees- If any employee got injured while performing his job then
in this case employer has obligation to pay compensation to him so that he can get better
treatment. If management of company do not pay then in this situation, worker has power
to file suit against firm in order to get amount of compensation equal to damages caused
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to him. This is the amount which is needs to be paid by company to employees in case
any damages caused to them during the course of employment. Harassment- If employer exploits the rights and interest of their workers as well as does
that things which are forbidden by law then in this case, court will have power to impose
penalty on them. For avoiding this situation, legal authorities should provide knowledge
regarding exploitation to employees so that they can take stand for themselves against
any unethical activities. It is offensive term which is used by one person in against
another person. Wrongful act include exploitation, insult etc.
 Equal opportunities- As per Equality act 2010, employer should not do discrimination
among their workers on the ground of age, sex, race, religion etc. They should treat their
staff on the basis of their skills, knowledge and experience. This legislation has a rule
which has to follow by every enterprise in every condition that is “Equal pay for equal
work and also try to judge on their skills and capability”. Employers are responsible to
provide equal opportunities to all employees. No discrimination is possible on the basis
of sex, age, caste, place of birth and so on.
P3 (B) Employment and contract law
As per Employment act 2008, every companies are liable to satisfy the needs or wants of
their employees and should also try to attract them. For this, firm should use some tools and
methods because it will help in carry out business activities effectively and smoothly.
On the basis of contract law, enterprises are responsible to make contract with their
employees that will be done at the time of appointment. It is legal instrument which have to
follow by every contracted parties (Harris, 2012).
There is given a scenario in which a 16 years old girl is hired in fast food outlet who has
responsibility to cook fries at deep fryer container. During her job, she slipped and her left hand
went into boiled oil and her left hand burnt. Now that girl wants to sue on team leader and
receive compensation amount equal to damages to her because team leader did not comply their
obligation effectively.
There are various obligations which have to be fulfilled by leader in given scenario that
are as follows-
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 Duty of care- In cited case study, leader had duty to provide proper healthy and safe
working environment. Now he has to clear water from premise in for avoiding such type
of accidents. Damage- Employer did not follow or comply his legal duty so in this situation, girl has
right to sue against her job provider.
 Remoteness of indemnity- Damages which caused to employees are not able to control.
SECTION 3
P4 Solutions for further legal conflicts
(1)
As per legislations, employer has no right to terminate their employees in wrongful and
unfair manner. Before dismiss their worker, firstly firm has to give one month advance notice
period so that in that time period, terminated employee can find out another job (.Hemenway,
Welser and Baiocchi, 2014). As per rules of Trade union and labour relation act 1992, members
have responsibility to maintain effective relationship at work place with their employers and
subordinates. And on the ground of rules and regulations, firm has no right to terminate their
employees without getting evidence against them.
As per given scenario, Calvin is the employee of Ms. Donna who is working as designer
from last 4 years. One day Ms. Donna comes and finds that her 100 pounds are missing from
petty cash and directly she blames on Mr. Calvin without any proof and on this basis she
terminated him. In that case, worker has right to sue against employer in order to get
compensation amount.
Apart from this, he has also other rights under unfair and wrongful dismissal like has
right to get advance one-month salary or notice. In that case, employer is obliged to collect
relevant evidence against workers and as well as should impose its stamp. This activity will
negative affect the business like it will minimize its profit and sales as well as customers’ base.
So for protecting themselves from this negative impact, job provider should follow all rules and
regulations like should give one-month advance notice period or salary so that terminated
employees can live his life smoothly and effectively.
(2)
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Now everyone takes insurance policies so that they can protect their assets. Person who
takes policy will be known as insuree and to whom amount is given will be known as insurer. If
assets will be destroyed naturally or by an accident, then policyholder will have been right to get
compensation. For getting this right, insuree should have evidence.
According to given scenario, Dan is a small shop owner because he has small shop which
got fire and destroyed completely. At the same time, he started a new venture and file a claim for
getting compensation. But insurance company denies to pay him with the fact that he has
claimed 2 years ago (Kang, 2012). So in this scenario, Mr. Dan has right to file petition against
insurance company for getting compensation. Because of this accident, plaintiff firm will be
negatively affected in the following manner-
 Its market share as well as customer base will be reduced.
 It will also minimize its sales and revenue.
 People will never trust on its policy.
P5 Justification for further solutions
In every country, government makes rules and regulations with a motive which is to
protect the right of people. Provision are made on the basis of situation of the economy so that it
can be managed effectively and efficiently and economy of nation can be developed. As above
discussed that there are various types of legal solutions which can be availed by disputed parties
for resolving issues in an effective manner.
In first case study, Mr. Calvin can file complain against the name of company for getting
one-month advance salary or notice period. If defendant will go through then it will negatively
affect its brand image because with this activity, negative perception will be built in the mind of
consumers which will minimize its market share (Loftus, 2015). After analysing pros and cons of
judiciary system, it is advisable to both parties that they should go for alternative solution
because this procedure has very drawbacks like-
 A legal advisor has to be hired which will help in satisfying their needs or wants.
 Issue will be disclosed in front of public which will decrease their reputation in the
market.
 For getting solution, there need to be wait for loge period of time because in a court, there
are large number of files which need to be resolved as soon as possible.
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So it is recommended that problems should be sought out without taking help of judiciary
system.
In second scenario, a petition is filed to insurance company for getting compensation but
cited firm denies to pay it. If it is seen from the perspective of Insurance Act 2015, overall
mistake was insurance company so in this case, it has obligation pay amount to policy holder. So
in this situation, it will be beneficial for both disputed parties that they should not go court for
resolving issues because it has various limitations likes it is a time consuming and expensive
procedure (Mattock, Hosek and Asch, 2012). Even if Mr. Dan goes to court for taking support
then he should file complain against the name of company rather than on individual because
business name plays an important role. In given scenario, If Mr. Calvin and Dan will file sue on
firm name then enterprises have to face following negative impacts like-
 It will generate negative perception in the mind of consumers.
 May lose market share and revenue.
 Will be expensive for both parties.
 Also takes lots of time for resolving issues.
So disputed parties should take help of alternative resolution process rather than to go
court.
If Ms. Donna wants to protect herself from this situation, then she should provide one-
month advance notice to him and will also find out the correct evidence against him so that she
can proved that he is guilty.
As well as in second scenario, before denying to pay compensation, insurance company
should evaluate all document because it will help in preventing defamation in the market. In this
process, matters disclose to each and every one which downs the brand image.
So from above discussion, it can be recommended that if parties want to save their
reputation in the market then they should adopt alternative resolution procedure rather than to go
court.
SECTION 4
P6 (A) Concept of Alternative dispute resolution process
In United Kingdom, there are lots of cases by which UK court has overburdened. Apart
from legal system or authorities, there are other alternative solutions which can be used by
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disputed parties for resolving their issues (Nataraj and et.al., 2014). This method helps in
reducing burden from tribunals.
Because of this purpose, there introduces a new concept which is known as Alternative
Dispute Resolution where conflicted parties can file petition for getting solution in an effective
manner as well as within less period of time. It treats parties fairly and equally. Just because of
this reason, large number of people are preferring this process or concept because it helps in
maintaining rights. This technique is very effective because in this matters are resolved quickly,
effectively and within limited amount of money so it is the best and simple procedure as
comparison to process of judiciary system. A person has no right to file their same matter in both
place that is in the court as well as in ADR for getting solution. There are various types of ADR
which are described below- Arbitration- In this process, a third person is appointed by both aggrieved parties who
will listen to each and every disputed person and will give his decision accordingly. This
third individual will be known as arbitrator and his final judgement will be known as
arbitral award. Third person will be neutral party who will not be related to any conflicted
person so that they will not do any discrimination between parties. Conciliation- It is a legal body which can be used for resolving issues or conflicts. In
this, that person who has right to take decision will be known as conciliator. Before
giving any judgement, firstly matter should be listened clearly from both side and then
accordingly should reach to final decision fairly through settlement agreement. Ombudsman- It is another legal authority who will be appointed by parliament so he will
act as a public advocate. He has main responsibility to protect the rights and interest of
parties and also has responsibility to provide fair justice to them (What Is Business Law?
- Definition & Overview. 2017).
 Negotiation- In this method, disputed parties can resolve their issues mutually which
provides satisfaction to them as well. In this, every party compromises with each other
for avoiding arguments. Its main advantage for parties to receive best outcome.
This process provides various benefits which are as follows-
 In this, people get fair and satisfied justice.
 It resolves issues within less period of time and by investing less amount of money.
 Matter remains confidential which protect the brand image of company in the market.
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 With the help of this procedure, conflicts can be resolved easily and effectively.
P6 (B) Recommendation
From a survey, it is analysing that UK legal system is better than from other countries
because its procedure is more simple and easy as compare to others. This nation has many
members who has responsibility to protect the interest of people as well as try to maintain their
performance as well.
There is given a scenario in which two partners that are Antwon who has invested huge
amount of investment in computer software making company that is owned by Tyrell. A dispute
has occurred between them who are destroying their relation. So for protecting their relationship,
it is recommended that they should take support of ADR process rather than to go court because
it will provide best result within less period of time and in an effective and efficient manner.
CONCLUSION
On the basis of above mentioned report, it is concluded that English Legal System has
responsibility to follow legal structure which aids in carry out business operation effectively and
efficiently. This assignment has also stated about role of government in law making and decision
making process. There is various responsibility which have to provide by employer to their
employees according the prescribed regulations and if they do not provide then they will be
liable for penalty. This study also tells about benefits of ADR process which provides various
advantages to both parties like less time consuming and simple process etc.
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