Legal Solutions for Business Disputes

This assignment examines the role of government and legal authorities in resolving business disputes. It analyzes various legal solutions, including arbitration and negotiation strategies, highlighting their advantages over traditional court proceedings. The discussion emphasizes the importance of efficient and cost-effective dispute resolution mechanisms for businesses.

BUSINESS LAW

Table of Contents

INTRODUCTION
In every country, government imposes some kind of legislation and law that helps to
organisation and individual from the illegal and unethical activity. Business law is the body of
law that is governing contract, sales, commercial paper, agency and employment, property and
bailment. In a simple word it can be said that business law include all the law and legislation that
dictate how organisation form and run a business (Jones, 2017). It is also known as the
merchandise legislation that is developed by government in order to determine the issues and
conflicts that is faced by majority of enterprises in the country. With help of this study,
knowledge and understanding about English and legal system and its important to solve problem
in the internal and external business environment. The effectiveness of the English legal system
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has been also addressed in this report. This report will also focus on several issues in the given
cases studies and provide effective legal solution for the same.
Section 1
P1 Description about the structure of the English legal system and sources of laws that comply
with business enterprise
In the England and Wales, English legal system plays a very crucial role by which
business enterprises can securely carry out their working and activities. With help of this system,
organisation can keep secure its activities and escape from illegal and unethical work. This legal
system have major bifurcated in two parts that is criminal law and civil law. This legal system
have systematic hierarchy under which supreme court is situated on the top level of the hierarchy
(Beatty, Samuelson and Abril, 2018). Supreme court play a very important role in taking the
right decision and it has power to make judgement regarding the approval of several proposals
that are to be converted into act. The court of appeal is situated after the supreme court in the
hierarchical structure of English legal system. This court of appeal is also divided into two parts
that is civil and criminal division. The decision made by these two court is to be followed by the
lower level court (Vanhala, 2018). The administrative court is the part of Queen bench division
in the English legal system. The judge in the administrative court deals with claims of judicial
review.
Following are several sources of norms and legislation in English legal system-
Human right- The major objective of this legislation is to provide protection to human right
from exploitation. This is very important legislation that is developed by EU.
Case law- This law are that sourced from decision made by the magistrate in previous legal
cases.
Common legislation- In the English legal system, common legislation plays a very crucial role.
This is originated by the act of parliament and this bill is being developed by the government and
it approved by parliament (Christensen, Onul and Singh, 2018).
Equity law- This legislation allows judges to take fair decision and judgement regarding specific
law suits.
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P2 Description of the role of government in law making and how statutory and common law is
applied in the justice courts
In the country, legal authority have major roles and responsibility to provide protection
and security to corporation and people who are living in the country. Government have major
role to control, manage, monitor all practices, procedure and activities that is conducted by the
people as well as organisation. In the law making procedure, legal authority have major
responsibility is to identify the population of country, determine the problem faced by the people
in the country, identify the solution for same, provide the proposal or bill for reading reviewing,
managing and controlling activities in the procedure (Neubauer and Fradella, 2018).
In the starting level of the law making procedure, government have to prepare the draft and
proposal which have to be approved by several courts and authority in the country. With
permission by the parliament and legal bodies for approval, bill can converted into act or law.
Bill- Once the problem in the country and organisation is recognised by legal authority, then it is
great responsibility of the legal authority is to develop appropriate solution. In addition to this, it
is great role of legal authority is to create proposal that provide effective solution of problem.
After this stage, offer has been prepared by the legal authority that has presented in the lower
level court in the states. While this offer accepted by the lower level courts then it will convert
into the bill. In this stage, it is great responsibility of the legal authority is to get bill which is
approved by magistrate.
First reading- Once the bill is approved by the judge in house of common then it will forward in
the front of chamber.
Second reading- In this stage, short debates can occur in the chamber for passing the bill.
Final reading- In this stage, it is great responsibility of legal authority to forward the bill to
special committee. Government has to make suggestion as per the head authority in the chamber.
Report stage- In this stage, committed member present the report in front of members in the
court and assist them for taking appropriate judgement. In the last stage, bill may accept and
reject. If bill will accept then it will automatically convert into the legislation and law of country.
M1 Evaluation of the effectiveness of the legal system
As per the research it has been found that there has been drastic changes occurred in the
English legal system. This is very effective and significant in the country because it helps in the
country to protect and secure activities and individual. The major changes and modification were
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planned by parliament that help to country in protecting and securing activities. Changes in the
policies, procedure and practices offender management services has been also improved in the
country.
Section 2
P3 a) Explanation about the employers legal obligation in relation to
Occupational health and safety
This is one of the major important legislation which is included under employment law. The
major objective of this legislation is to provide health and safety to employees within the
organisation. With help of this legislation, employees can get full protection and security within
an organisation and overcome uncertain hazard and risk. This legislation provided the knowledge
about liability of employer toward its employees. (Scott, 2018) As per this legislation it is great
responsibility of employer to manage the business activities, function, working condition,
infrastructure and equipment in such manner as no employee can get harm. It assists to
employees in protecting themselves from uncertain hazard, risk and uncertainty.
Worker compensation
This is another very significant legislation in the employment law that helps to employees in
providing fair wages, salary and incentive according to their work and performance. It is great
responsibility of HR manager to follow the legislation through which employees can get fair
compensation and wages according to their efficiency and performance. In addition to this, as per
this legislation company provides compensation to those workers who have injured while
executing their task within an organisation. With help of this legislation, management have to
give remedies and compensation to that employees who have faced uncertain injury and hazard
at the workplace. It is great responsibility of employer to pay losses to those employees who
suffered from the injury at workplace.
Harassment act
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Harassment is a serious offence at the workplace and court have announced strict
punishment for it. With help of this legislation, individual have right to file suit against the
person who has conducted the offence (Teti, Abbott and Cavatorta, 2018). The major objective
of this legislation is to protect people or workers who are abused by their management at the
workplace.
Equal opportunity
This is another important legislation that helps to employee in providing their rights and
precise at the workplace. As per this act, employer have to provide equal facilities and
opportunity to employees at workplace. (Kolasa, 2018 ) As per this legislation, organisation
should not discriminate with employees at workplace due to their age, gender, region etc. All
employees should be treated as equally at the workplace and promotion and salary should be
given according to their efficiency and performance,
b) Explanation about how the contract and employment law can influence upon the business in
selected scenario
Employment law and contract law is very important within business enterprise by which
certain rights and precise can provided to employer as well as employees. With help of the
legislation in employment and contract law, employer and employees fulfil their liabilities. In the
contract law, there are some rules and condition which have to follow both parities (Clarkson,
Miller and Cross, 2014). If any of the party fails to follows the employment term then contract
may void and null. In this law, both party should properly read the rules, terms and condition.
As per the given cases, girl has injured at workplace and employer has failed to provide
health and safety at workplace while she was working within organisation. As employers of that
girl has not conducted the risk assessment procedure before implementing the ice cream
machines at workplace (Miller, 2015). She slipped on water leaking from ice cream making
machines so employer has not arranged effective arrangement for placing the ice cream machine
at workplace.
The major aim of the employment legislation which is formed by government is to encourage
organisation to bring positive improvement in the HR practices. In this case. Girl have become
victim of the incident because employer negligent the care and health and safety of employees at
workplace.
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M2 Distinguish and analyse the result of standards, regulation and legislations
Regulation is a systematic process that consist monitoring as well as implementation of
law. Regulation and code of conduct generally developed by the manager of organisation for
bring effective working environment. The major aim of this establishment is to maintain
disciplines and principles for the organisation. With assistance of this regulation and code of
conduct, employees can encourage improving the performance in an organisation.
Legislation is also significant aspect that help to organisation in protecting and securing business
activities, function and rights of employees (Mann and Roberts, 2011). It is a norm that is
established by legal authority in the country. With help of legislation, employer, employees and
organisation can effectively secure and protect the activities, function and rights of employees.
The several laws such as company norm, employment legislation, health and safety act etc.
Section 3
P4 Suggestion about the best legal solution for each of the above business problem
As per the given case it has been found that employer of Calvin has terminated him
without give any notice. As employer have given false justification to him so it can be said that it
is a wrong and unfair dismissal (Beatty, Samuelson and Abril, 2018). As per the employment
law, it is great responsibility of employer to provide proper justification and proof to employee in
the situation of dismissal and conducted crime by employee at workplace. As per the legislation
under employment act, employer should provide proper notice and justification to employees
before termination of their employment contract. In this situation, Donna who is employer
should provide notice and proper justification regarding dismissal. If Donna denied providing
justification of dismissal and proof then Calvin have right to file suit against his employer.
In the second case of Dan it has been found that Dan was unaware about the terms and
condition under contract with insurance company. He has signed the contract without reading
document in proper manner (Jones, 2017). He also unaware about the facts that insurance claim
can be made after particular time period. In the contract law, if parties under the contract fails to
full fill the required condition then contract can be void. In the case of Dan he was unaware
about the facts. In this case Dan have not right to claim and suit against insurance company. The
only option available to Dan that he can make discussion with insurance company for reach the
appropriate solution of this problem.
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P5 Justification of using legal solution in appropriate cases
In the case of Calvin, he can demand for proper notice and justification from his
employer. This is the best legal solution that can help to rebuild the relationship between
employer and employees. Another option of legal solution is that Calvin can file suit against his
employer in the court because his employer have done unfair and wring dismissal. This legal
solution will help Calvin to proof himself innocent as well as company have to pay
compensation according to the decision of court.
In case of Dan he should read the complete document in effective manner and gain all detail
about the contract with insurance company. This legal solution will help to Dan in gaining
knowledge about fact, terms and figure in the contract (Trad and Kalpić, 2018). Another legal
solution for Dan is that he should hire arbitrator so as he can provide the best alternative solution
about the problem with insurance company. This strategy will aid to Dan in gaining effective and
appropriate solution of his problem that will be beneficial for him in the future.
M3 Assessing the negative and positive effect of legal solution on Business
As per the above discussion it has been found that there are several legal solution that can
help to Dan as well as Calvin in their different situation. This legal solution will help to
individual in find out the best option for gaining fair decision (Guerrina and Masselot, 2018).
The legal solution assist to organisation and individual in recognising the appropriate solution of
business issue. It also provides organisation an opportunity to resolve the disputes without
damaging the image of organisation. However, many of the legal solution such as litigation,
negotiation etc have negative influence on the business decision and operation. Furthermore,
some legal solution required experiences as well as time so it can be said that these legal solution
is time consuming and expensive.
Section 4
P6 a) Explanation about the concept and benefits of using Alternative dispute resolution process
Alternative dispute resolution is one of the best dispute resolution method that helps to
organisation as well as individual to resolve commercial disputes and conflicts (Fletcher, 2018).
Many of the organisation uses the alternative disputes' resolution method for find out the best
solution of business problem. This method provides protection to parties as they can escape
from the long procedure of court (Neubauer and Fradella, 2018). In this method parties hires
arbitrator who provide the best solution of business problem by discussing issue with both
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parties. With help of this method parties can get proper solution in easy was as they d not need to
go to court for get solution and decision. With help of arbitrator they can take final decision. If
they are not satisfied with the decision which is taken by arbitrator then they can go a head to
court. With help of this method parties can escape to spoil their image in the market as they do
not need to go to court and pay the expensive fees of lawyer.
b) Recommendation of the alternative legal solution to the following business problem
As per the given case it has been found that both organisation are struggling for find the
best solution of their disputes. In this case alternative dispute resolution is one of the best
solution that will help to both company to find out the best alternative solution. (Scott, 2018)
With help of this method, parties can escape from spoiling their image in the market as they do
not have requirement to go to court. Another option of legal solution is negotiation strategy. This
method will help to both parties to asses the actual reason and identifying appropriate solution of
problem.
M 4 Effectiveness of two different recommendations
As per the above discussion it has been found that there are various legal solution
method such as arbitration and negotiation strategy (Christensen, Onul and Singh, 2018).
Arbitration method helps to party in attaining the final solution of disputes. These methods assist
to the individual as well as organisation to find out the best alternative solution of their problem.
Apart from that these methods is less expensive as well as less time consuming as compare to the
long procedure of court. While individual and parties go to the court then they have to pay the
fees of lawyer and also wait for long time for get final decision of disputes. With help of these
mentioned method they can easily get the solution in less time as well as in less cost.
CONCLUSION
From this entire discussion in the report it has been concluded that government plays a
very crucial role at the time of developing legislation and law regarding company as well as
citizen. Legal authority have to pass bill which may convert into the final law. It has been also
concluded from this report that Supreme court play a very important role in taking the right
decision and it has power to make judgement regarding the approval of several proposals that are
to be converted into act. There is a systemic division and hierarchical structure of the legal
authority that help to organisation and parties to take fair judgement and decision.
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REFERENCES
Books and Journal:
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Neubauer, D.W. and Fradella, H.F., 2018. America's courts and the criminal justice system.
Cengage Learning.
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