English Law and Employment Rights

The provided assignment focuses on the English legislative system, highlighting the importance of employment rights, misrepresentation, and harassment as serious crimes. The discussion revolves around the rule against penalties in the context of freedom of contract, emphasizing the need for shared responsibility in protecting public interests.

Business Law

Table of Contents
INTRODUCTION...........................................................................................................................2
TASK 1............................................................................................................................................2
P1 Structure of English legal system........................................................................................2
P2 Work of legal body in law making procedure.......................................................................5
SECTION 2......................................................................................................................................6
P3 a) Explaining the employers legal obligation in relation to several laws .............................6
P3 B) Examining the way employment as well as contract legislation have effect on the
organisation.................................................................................................................................7
SECTION 3......................................................................................................................................7
P4 Suggesting the appropriate legal solution to several problems faced by company...............7
P5 Providing justification for the solutions provided in given cases........................................8
SECTION 4 .....................................................................................................................................9
P6 A) Understanding the concept and advantages of adopting alternative dispute resolution
procedure.....................................................................................................................................9
P6 B) Recommending the Alternative legal solution to the problem faced by organisation......9
CONCLUSION .............................................................................................................................10
REFERENCES..............................................................................................................................11
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INTRODUCTION
Business legislation is recognised as regulatory body that has been developed to control
overall system in the country. The government is responsible for maintaining healthy , safe and
peaceful environment in the country. Several legislations in the country are formed by the legal
authority for limiting the unethical practices in the country. Some norms such as employment,
contract , property intellectual right, wage act, health and safety law are to be considered by
human resource manager in an organisation in order to avoid legal obligation on firm. The
objective of developing there regulations or laws is to prevent and protect of employed or self
employed from being exploited by other in the society. It supports an enterprise in recognising
the legal solution for dealing with issues that has been faced by company when operating in
dynamic business environment.
The purpose of the project is to developing the understanding about the structure of
English legal system.
TASK 1
P1 Structure of English legal system
There are several norms and legislation in the English legal system that are to be
followed by a company in order to establish or maintain sustainability in UK. The various laws
in the English legal system are being formed for governing as well as regulating the companies
operating business in different location as well as industries. These legislations are formed
specially for controlling the business activities conducted by several companies in England and
Wales. Hierarchical structure of English legal system allows supreme court to make crucial
decisions on big matters. It also enables supreme tribunal to pass quick judgement for
implementing legislation in order to provide benefit to people or organisation operating in the
country. This legislative system has its own courts. The thing that make this legal system
different from the other legal system is that it does not have unified code but this system has
certain system which supports magistrate in supreme court to make important decisions.
Function of judges in supreme court is to pass or approved the bill or proposal that are presented
by the government for converting into act (Wolkonski, 2017)
In English legal system supreme court has the high power to make decision while other
small courts have to followed the judgement made by the supreme court. This legal system is
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divided mainly in two segments these are criminal and civil division. Civil and criminal courts
has some of their own tribunal these are:
Appellate tribunal:In this tribunal role of magistrate is to deal with some special or specific type
of law suits. Some of subject matter or law suits that are dealt in this court are majorly related to
taxes. Security, criminal matters, security etc.
Magistrate court:Functions of magistrate court in English legal system, is to handle as well as
manage criminal cases. But in some cases if the client is not satisfied with the decision made by
the high courts or other lower tribunals than in situation an individual can make appeal in the
supreme court.
Crown tribunal: This courts solves the law suits which the supreme court has failed to make
appropriate decision. It is the major division of criminal court.
Country court:In this tribunal , judiciary or lawyer are not allowed to participate in the decision
making procedure.
High court :This tribunal consists of three major divisions these are family court, queen bench
etc. The law suits or cases that are deal in this tribunal are business disputes, family matters etc.
It also handles as well as manages special law suits these are constructional cases, technology,
etc. (Yip and Goh, 2017)
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Origin of legislation system are:
Common law: These are the important and significant source of legislation in English legal
system. It has been originated from the judgement or decision made by supreme court magistrate
in existing law suits related to same subject matter of case presented in front of judge. As the
English legal system has hierarchical structure, the decision made by the supreme court are
binding upon all other court in the hierarchy.
Statutory legislation- This is the another crucial origin of the laws in English legal system. Some
norms in this legislative system has not been developed intentionally. Such form of laws are
generated by the act of parliament.
European union Law-As it has been identified that earlier UK was the member of European
union but before the Brexit , the European government was responsible for creating the norms or
legislation. But now the UK legislative body has planned to form its own laws which is mush is
much influenced by several laws in European legal system.
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Illustration 1: Framework of English Legislative system
Source;(Source :English Legal material, 2016)

European convention of human rights-These law in English legal system has been developed
by legislative body considering the benefits of employees and problems faced by them when
working with company (Miller, 2015)
P2 Work of legal body in law making procedure
In the country like UK, the government has the right authority to represent the local
citizen and communicate their interest in front of remembers in parliament. Legal authority has
high potential or power to get bill or proposal approved by the members in parliament for
converting the same into act. The English legal system consists of some principles according to
which the bill or proposal has to undergo lengthy procedure in order to transform the same into
legislation. The several phases in the process are:
At the beginning of the process,function of government recognise the several problems
that are being faced by people or various companies operating their business in the country. In
next, role of the legal authority is to prepare a draft of issues and ultimate solution to the
problem that are to be presented before the judges or legal authorities at lower level in the hire
achy. Once the proposal is signed by such authorities, it is required by government to forward the
same for first reading in parliament. After the first reading have been concluded, it is the duty of
legal authority to make modification in the legal documents as per the advice of members in the
parliament (Schill,2017)
In next stage, role of government is to present the legal documents for third reading when
all amendments have been made as per the information provided by members in the parliament.
After the third reading, the bill is to be forwarded by government for forth reading in
house of commons for the further investigation by special committee in the parliament.
In next phase, results of the bill is dictated by the special committee, on the basis of
which a small discussion has been conducted by members in the parliament related to the
approval or rejection of bill or proposal. At this stage, government has no authority to make
changes in legal document.
After this phase, proposal is further presented for further reading or proceeding in house
of commons. This is the state where the decision related to implementation of solutions is made.
Once the proposal get approved by members in parliament , it can be applied or
executed.
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But the role of legal authority does not finish here, further in such situation, role of legal
authority is to recognise the alternative solution or way for resolving the problems faced by
citizen or various companies in the country (Susetyo, 2016)
SECTION 2
P3 a) Explaining the employers legal obligation in relation to several laws
Occupational health and safety-This is the essential legislation that are required to be complied
by employer. As the failure to which can lead to major negative consequences and legal
obligation. This factor or norms have both negative and positive effect on business performance
and growth. It also assists human resource manager in planning for bringing positive change in
working environment and organisational culture. Occupational health and safety also have major
impact on business practices. This norm dictates that , it is essential for the employer to provide
healthy and safer Working surrounding to workers. It provides employer and employee to
develop as well as maintain strong relationship with each other. As per the occupational as well
as health and safety act. The employee in an enterprise is need to execute risk assessment before
employing any new technology or before launching innovative activity at workplace. According
to this norm worker or employee handling harmful substances should be provided with
appropriate training or preventive measures (Twomey, Jennings and Greene, 2016)
Workers compensation-This legislation dictates that, employer is required some kinds of
benefits or compensation to workers in special situation or cases. Compensation right offers
individual a right to file law suit against Employer, if he has denied paying compensation or
provide benefit. It has direct impact on reputation of organisation. Workers compensation- Act
has major influences on the policies created by manager and also on human resource
management practices.
Harassment-as per this norm harassment is considered as well as illegal as well as serious
criminal activity. Due to which a person can be given with long term punishment for conducting
this action. It is the activity which is executed by person with an intention to harm other in
forceful manner.
Equal opportunity-This is another legislation that are required to be considered by human
resource manager before planning for selection of delegation system. As discrimination among
employees may create legal obligation on firm. It is the duty as well as responsibility of human
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resource manager to ensure that all the workers in an enterprise are treaty equally within an
enterprise. As per this act or law each and every employee in a firm have right to demand for
equal reward, remuneration, for the task executed by them for the benefit of company. It
provides employer or human resource manager support in motivating worker to improve their
performance at workplace and participate in various decision making process by an enterprise
(Lareau, et.al, 2016)
P3 B) Examining the way employment as well as contract legislation have effect on the
organisation
From the given case study, it has been presumed that employer has not conducted the risk
assessment procedure consequences of which has been bear by his employee which has slipped
and got badly injured as ice cream machine was placed near to the fire. As per the terms in
employment contract as well as compensation act, it is duty of employer to provide
compensation or benefit for the employee who has got workplace injury .If in situation, employer
deny providing so, then employee has right to file law suit against company (Marshall, 2017)In
given case scenario as per compensation act which is the part of Employment law, girl who has
got injury when working in an industry, she has right to demand for compensation from her
employer. If the Employer refuse to pay for damages or losses, then in such situation , girl has
right to file law suit against employer. This factor has direct effect on the relationship between
employer and employee. This factor also has great impact on the behaviour of other workers
within an enterprise.
M2 Analysing the potential effect of regulation , standards and legislation on business
The important as well as difference between laws and regulation is that legislations are
developed by the legislature or government authority. It is essential for organisational to follow
this regulation , as it might have adverse effect on the sustainability of firm. On the other hand,
regulation include process of monitoring and implementing laws that consists of detail about the
several regulations.
Difference between standards and regulations
Regulations are defined as rules that are created as well as implemented by manager on
the basis of the requirement by the company. Rules are real and are to be implemented by the use
of power that has been provided by organisation to manager. Regulation are developed in order
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to maintain healthy working environment in an enterprise. On the other hand, Standards are not
developed by government , these are generally formed by the enterprise according to the
requirement. These standards are created in order to improve the product performance. While
regulation are developed for assisting individual in improving their performance at workplace
SECTION 3
P4 Suggesting the appropriate legal solution to several problems faced by company
1.) From the given case study of Calvin, It has been identified that Donna who is the
employer I given situation has blamed his employee for conducting the crime. Employer
has not provided the appropriate justification or reason for dismal. As per the
employment act this is unfair or wrong dismissal or termination. It has been analysed
from the given situation that, employer has blamed Calvin without providing any proof.
As per the concerned legislation, wrongful dismissal is defined as act in which employer
without informing employee or providing appropriate notice terminates contract of employment.
According to the law , if employer or employee fails to comply with any of the term or condition
in employment then in such situation contract becomes null and void. As in the given case study,
employer has failed to provide proper notice as per the employment contract. This statement
means that he has breach the agreement. As per the law unfair dismissal is the practice, in which
employer terminate worker without giving proper notice or justification (Wilcox and
Youngsmith, 2015)
In given case study, employ that is Calvin has the right to demand for proper reason for
the termination. Other right is that, Calvin can ask for the evidence of the fact that has been
stated by his employer. If in situation , employer fails or denies providing the same. Then Calvin
has the right to file law suits against his employer. Unfair dismissal is defined as act of
employment termination made without good reason.The unfair dismissal act provide employees
a chance to present the evidence and right to argue that the employer has acquiesced. In given
case the Employer, required to present the evidence related to the incident. The Clevin can also
make demand for getting his job back. The laws related to unfair dismissal has been originated
from the employment law, which is created by the European union government.
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Difference between unfair as well as wrongful dismissal
A wrongful dismissal is a dismissal in breach of contract and the only relevant considerations
for a court or tribunal hearing such a claim will be the contractual obligations of the employer.
On the other hand, dismissed unfairly, is a statutory rather than a contractual right. The
determination of whether a dismissal is fair or unfair is dependent on: the employer's reason for
dismissal.
In wrongful dismissal, where an employer dismisses an employee without notice or with
insufficient notice under his or her contract of employment. Whereas , in unfair dismissal
whether or not the employer acted reasonably in treating this reason as sufficient to justify
dismissing the employee.
As per the misrepresentation act, in case of he remedies for misrepresentation are
rescission and/or damages. For fraudulent and negligent misrepresentation, the claimant may
claim rescission and damages. An Act to amend the law relating to innocent misrepresentations.
There are several form misrepresentation :
Innocent:a misrepresentation that has evoked a party into a contract has occurred, but an
individual making the misrepresentation had reasonable evidence for believing it was true at the
time the representation was made.
Fraudulent:: is that in which false representation has been made knowingly, or without belief in
its truth, or recklessly as to its truth.
Negligent:It can also occur in some cases when a party makes a careless statement of fact or does
not have sufficient reason or evidence for believing in that statement’s truth.
In the case study , it is fraudulent misrteprentation.
2.) From the case study of Dan, it has been analysed that this is the subject matter of
misrepresentation. As per the contract act, misrepresentation is considered as offense,in
which one person intentionally provide incomplete and false information about fact or
figures. In given case study , it has been analysed that insurance company has not
mentioned or provided the time when the Dan can claim the insurance for the losses
suffered by him. In such situation , according to the contract act, Dan has right to demand
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for ask complete information about the policy and get the benefit associated with the
same. If case Dan wants to receive the benefit or amount before the maturity date , then
in such situation Dan can facilitate negotiation with insurance company (Craig, 2016)As
per the contract law, mutual consent of both the parties is important in terms of forming a
valid contract. It has been recommended to dan that he should enter into the legal binding
contract. This law related to contract recognises and governs the rights and duties arising
from agreement. It is required by both the parties to fulfil all the essential element of
valid contract such as mutual assent, expressed by a valid offer and acceptance; adequate
consideration; capacity; and legality.
P5 Providing justification for the solutions provided in given cases
1. In case study of Calvin, he has been provided with solution that he should demand for the
proper notice or evidence of the blame that has been made by his employer. This is the
effective solution as this will support Calvin in getting the time for proving him as
innocent. Particular solution will provide Employer a chance to realise his mistake and
rebuilt his relationship with his employee. The other advice provided to Calvin is that He
should file law suit against the employer if company denies providing proper justification
or prior notice before terminating employee. The suggestion given to an individual is
effective , as It will help Dan in getting to the compensation of losses.
2. (Dau-Schmidt, Finkin and Covington,2016)
3. In the given case study of Dan, the both the parties has been provided with solution that
they should read the terms and conditions in the contract before signing the same. As this
will help both the parties in recognising the errors in the agreement. Insurance company
and Dan has been provided with advice that they should share complete information with
each other. As this activity will assist parties in eliminating the legal obligations. It will
also support parties in getting the several benefits. The another suggestion that has been
provided to dan is that he should conduct negotiation with insurance company, as this
activity will enable him to recover the losses quickly. It will also aid Dan in getting more
information ad developing the depth understanding about the insurance policy who
advantage can be gained by an individual in the future (Farhang, Kastellec and Wawro,
2015)
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M3 Effect of legal solutions to the business problems
Positive effect:
4. It assists organisation in eliminating the influence of or commercial dispute or business
problem on business performance.
5. These solutions help a manager in an enterprise in maintaining organisational
performance in difficult situations.
6. It also enables firm to identify effective ways for resolving solutions.
7. Negative effect:
8. This legal solution has adverse effect on the working efficiency of business and great
influence on employees.
9. Legal solution also has great impact on business policies and strategies.
SECTION 4
P6 A) Understanding the concept and advantages of adopting alternative dispute resolution
procedure
Alternative dispute resolution mechanism is defined as the process of resolving
commercial conflicts without taking or seeking the support of litigation. This is the informal
method of identifying the legal solution for several business problems. Alternative dispute
resolution is the procedure through which the conflicts can be resolve in confidential manner.
The biggest advantage of this method is it provides parties an opportunity to recognise the root
cause of problem and get the solution for avoiding such circumstances in the future. Alternative
dispute resolution process allows parties to reach to effective solution with the advice of expert
person in particular field. This process includes pre-neutral evaluation of the problem and
finding the effective as well as suitable solution to the same. Alternative dispute resolution
method provides three options for resolving the commercial disputes in effective as well as
systematic manner. The benefit of this method is the conflict can be resolve easily and quickly
(Faulconbridge and Muzio,2014)
P6 B) Recommending the Alternative legal solution to the problem faced by organisation
It has been identified from given case study that , Antwon organisation is facing the
problem from long time and has not able to get the suitable solution for the same. The company
can opt two option that is negotiation and arbitration. As these procedures will assist Antown
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organisation in reaching to the appropriate solution. By adopting the negotiation method both
the parties can make discussions and reach to a mutual agreement. In arbitration method,
arbitration has been appointed by the parties through mutual consent. This process provides
parties a chance to share their interest, issues, value , beliefs with arbitrator in order to get
suitable solution.
Both the method suggested are effective as it enables parties to maintain their commercial
relationship and eliminate the adverse effect of issues on business performance. As all the
three ,methods includes the third person, the parties facing the problem can ensure fair decision
or judgement. Negotiation is more effective process that can be adopted by Antown company for
resolving business disputes .As in this method the parties are bounded by the decision made
them or with the terms as well as condition in the contract that has been agreed by both the
parties during the negotiation. By adopting this method both the parties facing problem get equal
benefit and opportunities which provides support them in gaining satisfaction (Hutson, ed., 2017)
CONCLUSION
The report has concluded that the some legislation especially company or employment
act has direct impact on the policies and practices of human resource management within an
enterprise. Project has highlighted the legal obligation of employer in various situation according
to the law. It has been identified from the assignment that misrepresentation and harassment are
criminal offences for which individual can be given long term punishment. These act are
considered as serious crime as these activities are conducted by person with trhe intention to
harm other people in the society.
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REFERENCES
Books and journal:
Wilcox, K. C. and Youngsmith, D. M., 2015. Overview of Equal Employment Opportunity
Laws. California Employment Law. 2.
Wolkonski, D., 2017. The Postal Rule of Acceptance in a Digital World. Does the Postal Rule
apply to E-Mail?.
Yip, M. and Goh, Y., 2017. Convergence between Australian common law and English common
law: The rule against penalties in the age of freedom of contract. Common Law World
Review. 46(1). pp.61-68.
Miller, R. L., 2015. Business Law Today, Standard: Text & Summarized Cases. Nelson
Education.
Schill, S. W., 2017. ‘Shared Responsibility’: Stopping the Irresponsibility Carousel for the
Protection of Public Interests in International Investment Law.
Susetyo, W., 2016. Shifting Law Political of State Power in Oil and Gas Law Based on People
Prosperity Principles. JL Pol'y & Globalization.45. p.191.
Twomey, D. P., Jennings, M. M. and Greene, S. M., 2016. Anderson's Business Law and the
Legal Environment, Comprehensive Volume. Nelson Education.
Lareau, N. P., et.al, 2016. Attorney's Fees and Costs (Vol. 4). Labor and Employment Law.
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Marshall, A. M., 2017. Confronting sexual harassment: The law and politics of everyday life.
Routledge.
Cheeseman, H. R. and Garvey, J. R., 2014. Business law. Pearson.
Craig, P. P., 2016. The Legitimacy of US Administrative Law and the Foundations of English
Administrative Law: Setting the Historical Record Straight.
Dau-Schmidt, K. G., Finkin, M. and Covington, R., 2016. Legal protection for the
individual employee. West Academic.
Farhang, S., Kastellec, J. P. and Wawro, G. J., 2015. The politics of opinion assignment and
authorship on the US court of appeals: Evidence from sexual harassment cases. The
Journal of Legal Studies 44(S1). pp.S59-S85.
Faulconbridge, J. R. and Muzio, D., 2014. Transnational corporations shaping institutional
change: the case of English law firms in Germany. Journal of Economic
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Hutson, L. ed., 2017. The Oxford Handbook of English Law and Literature, 1500-1700. Oxford
University Press.
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