Employer Obligations and Employee Rights

This assignment discusses the essential obligations of employers in relation to employees, including providing health and safety benefits, equal opportunities, fair practices, and employee compensation. It also touches on medical and safety benefits that must be provided by the company to protect employee rights. Furthermore, it covers legal solutions and Alternative Dispute Resolution (ADR) techniques to resolve disputes between parties. The assignment draws from various books and journals, including 'Business Law' by Cheeseman and Garvey, 'The Legitimacy of US Administrative Law' by Craig, and 'Legal Protection for the Individual Employee' by Dau-Schmidt et al.

BUSINESS LAW

Table of Contents
INTRODUCTION...........................................................................................................................1
SECTION 1......................................................................................................................................1
P1 Structure of English Legal system and different sources of laws.....................................1
P2 Role of government in law making ..................................................................................3
M1-.........................................................................................................................................3
D1...........................................................................................................................................4
SECTION 2 .....................................................................................................................................4
P3 Legal obligations of employer and explaining the impact of employment law and contract
law in business practices. ......................................................................................................4
M2...........................................................................................................................................6
SECTION 3 .....................................................................................................................................6
P4 Suggest appropriate legal solution for business problems. ..............................................6
P5 Justification of given solution of business problems. ......................................................7
M3 ..........................................................................................................................................8
SECTION 4......................................................................................................................................8
P6 Explaining the alternative solution process and recommendation of legal solutions in
business practises....................................................................................................................8
M4...........................................................................................................................................9
D2 ..........................................................................................................................................9
CONCLUSION................................................................................................................................9
REFERENCES..............................................................................................................................11

INTRODUCTION
Law is the most important term to secure the environment. It applies on the people,
organisations, companies and all legal entities; some laws are made for companies and some are
made for people. Laws explains how should behave, in this context government plays a very
important role, who make different regulations and acts, government main aim is to protect the
environment of economy and protect the interest of peoples. Present report is based on business
law and it will discuss about the role and importance of English legal system in the United
Kingdom. Business law helps businessman to adopt fair practices and maintain order to ensure
safety and prevent factors of employees as well as individuals. These laws help to protect
violence and anarchy. Further, it will explain several obligations of employer towards their
employees in the organisation. Adding to more, it will define the employee and contract laws as
well as regulations to maintain business practices. Apart from that, it will also emphasis on legal
solutions and alternative ideas to protect the business from uncertain events. Furthermore, it will
cover all necessary points which help company to run the business in smooth manner.
SECTION 1
P1 Structure of English Legal system and different sources of laws
English legal system supports the features which are important for the development of
critical thinking skills. English law is made by the parliament. On the other side, other authority
and delegated legislations is made by the other authorities. Generally, European laws come from
treaties, directives, regulations and decision (Craig, 2016). It also includes another one which is
called common law. Common law is very essential at the time when parliament was not very
important. In this English law, judges who go around the world and gives their own ideas to
improvise the better laws. English law system cases were bound to adopt previous decisions of
another court. It is followed by many countries like Canada and Australia. In this English legal
system, all decisions are taken by the Supreme Court and it is mandatory to be followed by
everyone. Decision of lower court is hidden by the Supreme Court. There is the criminal law
whose cases where solved by the judges with jury (Cheeseman and Garvey, 2014). On the other
side, there was a civil law who control the cases of disputes between the people. But the criminal
cases first applied in the high court orb in the lower court. On the other side magistrate is the
lower court where all criminal cases were solved, along with that some civil functions can also
be solved under this court such as family proceedings Whereas under English law system it
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includes many other several courts such as crown court, high court, supreme court and court of
appeal. Crown court is the high court of justice. In overall England in 92 locations crown court is
located. The most serious offences passed to the crown court. Its judgement is based on judge
and jury. Final decision of all laws is taken by supreme court. In English legal system supreme
court is the lord of justice. It is very necessary for all organisation to adopt fair practises to
ensure its business environment positive and safe.
Different Source of Law
There are various sources of law which is mandatory for the organisation to be followed.
If organisation fails to adopt these laws and regulation, government will take strict action against
those organisations. These laws and regulations helps company to adopt proper order and reduce
their risk factors during the organisation functions. These sources of laws set particular
guidelines which is very necessary for the organisation to be followed. There are some sources of
laws discussed below. European Union Law: This law is made for EU. There are various laws
and regulations which includes various sections and different laws. It helps organisation to adopt
fair practices and systematic functions in the business environment. It gives ideas and guidelines
for companies to adopt ethical methods. Laws are strictly explains that due to company issues
employees are not be suffered. EU law includes employment law which defines the relationship
between employer and employee. The main agenda of employment law is to protect the interest
of employees against fraud organisations. It creates healthy and safe environment (Dau-Schmidt,
Finkin and Covington, 2016). On the other hand, EU also includes contract law. In this context,
things happens when two or more than two people get into the one contract on the basis of
mutual concern. Contract law defines and protect the interest of contractee. All kinds of law
generate some obligations and rules which is very important to be followed by everyone.
Jurisprudence: This is another source of law which gives direction to generate ideas to promote
development of laws. It makes some innovative ideas through which government make new
different laws to minimise fraud and malpractices in the organisation. This law consists of
human rights and civil rights. This source of law helps the government to protect interest of
people. Common Law: The most important law is mainly two laws that is common and civil
laws this common law emerged in England during middle period. It is generally no
comprehensive and rules and regulations along with that common law is relied on particular
some scattered statutes this decision is based on Precedent, these all precedents maintained over
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the time period. The main aim of this government is amended the laws in shaping American and
British law whereas civil law is continuously updated legal codes and give punishmenet for each
offences. Another source of law is common law; this law is context of customs and culture of
English law. It is also known as judicial precedent or judge made law. This law is derived from
judicial decision of courts. In this law, decision is made by the tribunals. Statutory Laws: This is
very important law in UK. It includes health and safety, insurance, contract (Farhang, Kastellec
and Wawro, 201). and defined as written laws. Generally, it is enacted by the legislative body.
These statutory laws are generally varied from administrative laws that is passed by executive
agencies.
These are some sources of laws which helps in motivating organisation to adopt
fair practices and make healthy and safe environment in the working places. If organisation fails
to adopt these acts and regulations, they will liable to face issues and strict action by the
government.
Act of parliament is also known as primary legislation. It is passed by the parliament of
the united kingdom. These laws and functions is not overturned by any of the authority and body
without the permission of parliament.
P2 Role of government in law making
Without the concern of law, there is no law has been made. Government plays a very
crucial role for making laws (Faulconbridge and Muzio, 2014). Every law and regulation is
passed by the government approval. Before making any law, firstly, government check the
consequences and effects, then impose to the organisation. Without the permission of
government authorities, no one has right to pass any section and act. Government has change the
law on the basis of requirement and changes. Organisation has responsibility to adopt all changes
and regulations by the government. Otherwise, they are liable to face many issues and
restrictions. Government’s main agenda is to stop people to adopt unfair trade practices as due to
this, the economy is facing problems and conflicts. On the other side, government protect the
interest of employees in the organisations (Hutson, ed., 2017). It gives various benefits and
methods through which employee or any other people can easily claim their issue against fraud
entity. These laws and regulations have been made only to ensure easy and effective functioning
of organisation. For making any law in United Kingdom, Government authorities analyse the
need of new laws and regulations on the basis of high violence and malpractices, Before making
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laws proper discussion has to done between the higher authorities than it is being send to the
government passed and get approved it. For making any law, it includes several stages and have
long processed. It been always gone through from its advantages or disadvantages.
Application of statutory and common laws in the justice court
Statutory laws are those legislations which are already written and existing but common
law is different from statutory that it is according to the situation and requirement. In statutory
bases judgement is based on written standard either in common law judgement is taken by the
evaluating all the situation and evidences (Kavanagh and McRae, 2017). Overall, these statutory
law and common law decision is based on present evidence with the help jo committee which
decide the final step for the case. Common law is also known as case law which is two types.
Judgement become passed through from new laws on the other side judges interpret which
determine new laws. Statutory and common law is based on various government bodies. This
laws made by research analysis.
To making any laws and regulations it has to pass from different process, on the other
side bill has been passed from different stages of parliament. It takes huge process and steps to
get approval from the government, first different higher authorities make plans and objectives on
the basis of actual decision making process. Then once provisional programme has been passed
by the cabinet teams then further, process will take by the Queen royal assent. Most of the bill
can begin in the house of common or in the house of lords. Governmental always takes decision
on the basis of needs and to ensure that legislations will consider the balanced programmes.
Before becoming the law bills has to pass from stages of house.
M1-
There are many changes that have been occurred on the basis of reforms and
development. Like in UK, they had applied free trade policy for their entrepreneurs’
development. It makes environment and economy more effective. UK government is very strict
towards the development of country and they always try to protect interest of employees as well
as customers. It makes customer satisfied and protect them from unfair trade practices (Lareau
and et.al., 2016).
D1
English is very much effective and profitable, in other way it is regarded as common law.
All rules and regulations have been made on the basis of culture and customs of English laws.
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All laws and regulations includes the different code of conduct which is very important for the
organisation to be adopt, if any organisations fails to adopt those laws, they will liable to all loses
and for all troubles. Most of the organisations who are not adopting government legislations,
those companies are facing the issue of low market share (Maitland, 2016).
SECTION 2
P3 Legal obligations of employer and explaining the impact of employment law and contract law
in business practices.
UK government is very strict against employee’s interest. This is because employees are
the most important source of production for the company. In addition, organisation should adopt
healthy and safe environment for their workers. Government of UK has made several laws and
regulations to protect the interest of employees against malpractices. There are some obligations
of employers which is mandatory for the company to adopt.
Legal Obligations of Employers
There are many legal obligations which helps company to maintain proper order and
systematic working environment (Marshall, 2017).
Occupational Health and Safety: It is the first and foremost obligation of employer to
adopt safe environment in the company. It makes company safe from government restrictions.
Also, company provides safety and health benefits to their employees so that they work in safe
atmosphere. As per the government laws, it includes that organisation should maintain their
workplace harm-free and secure, provide medical facilities and support in case of employee
injury and give compensation amount to the employee in case of any irresponsible behaviour.
Government makes proper regulations and policies, so that they protect employee’s interest
against wrong practices in the organisation. It makes sure that employee is on safe side (Miller,
2015). On the basis of legal laws, employer needs to monitor and determine their organisation
environment to ensure that everything is safe and secure.
Workers Compensation: Another obligation of employer is worker compensation should
be on time and proper, organisation is liable to pay equal compensation facility as per the
condition. Compensation is the right of employee to be taken by the company. Like, on the basis
of this obligation, employer is responsible to pay medical benefits to the workers. For that,
company needs to tie up with insurance company for providing medical insurance or health
insurance for the employee (Parkes and et.al., 2015). This will make employee safe and secure.
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As per the government law, employee claim compensation if they getting wrong salary or nay
other related issues.
Harassment: Harassment is totally illegal activity in terms of law. Employer is
responsible to protect their employees against harassment. This activity will happen in the
premises of company, then its effects will be faced by the organisation. To protect this situation,
employer is liable to adopt all related laws regarding this. On the other side, company is also
liable to discuss this topic to all employees and workers. This will help to protect the working
environment. Employee has right to claim on the company if they are suffering from any
malpractices. Government of UK has made several laws through which employees can save
themselves from negative activities (Twomey, Jennings and Greene, 2016).
Equal opportunities: Another obligation of employer is to give equal opportunities to the
employee for its betterment. As per the Equality Act 2010, Every organisation must provide
equal remuneration and opportunities to employees. On the basis of this law, it contains that
organisation should not measure employees on the basis of age, races, caste, religion. Company
must be providing opportunities on the basis of employee’s capabilities, skills and knowledge.
On the basis of government laws company cannot adopt any discrimination among the
employees. Employers are obligated to hire employees on the basis of their qualification skills or
talent. Employer of the company needs to adopt corrective action if they analysing any unfair
practises with employee. Then, it is the duty of employer to take action against those activities.
B. Impact of employment and contract law on business
Employment law and contract law, both provide guidelines and methods to adopt fair
practices in organisation (Wilcox and Youngsmith, 2015). It helps in maintaining good and safe
environment in the company. According to the contract law and employment law, as per the
government regulations company cannot hire employee who is under 18 years of age. It is totally
illegal in the eye of law. Organisation cannot hire minor category of individual because it is
totally against the law. On the basis of given case, 16 years old girl was slipped on the floor and
got her hand burned in deep fat fryer due to irresponsible behaviour of team leader. As per the
case team leader fails to manage the safety precautions because they engaged with other
activities of business due to having less staff members. In all over case, employer is responsible
to pay all compensation amount and all medical expenses to her. On the other side, employer
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also have responsibility to monitor all business activities to ensure health and safety reasons. It
helps company to minimise uncertain events and risk factors (Yip and Goh, 2017).
Overall, company has to adopt fair and legal practices while dealing with employees,
otherwise it has to face many issues by the government side. Organisation must adopt ethical
surroundings and ensure that their environment is safe and secure for employees.
In accordance with the case where 16 years old girl fries at a frying range. Due to
improper safety she slipped on water leaking from an ice-making machine. Here employer
breach the contract to hire below 18 years old girl which is not acceptable by the government.
Besides due to having low staff employer were not able to take care of that girl. In both the
situation employer fails to keep the environment safe. In this situation, employer is liable to pay
all losses and pay compensation amount to the employee. Breach of contract gives negative
impact on the business practises which is not good for the environment.
M2
On the basis of given case, employer fails to adopt proper safety appliances for the
employee. As per the case the employer breach the contract of law, so in that case he is liable to
compensate to the employees as per the law of contract
(Cheeseman and Garvey, 2014).
SECTION 3
P4 Suggest appropriate legal solution for business problems.
CASE 1:
As per the first case. Calvin who is a employee in Fashion house company. Calvin has
been working in the company for 4 years. After that, Donna the employer of the company
decides to terminate Calvin because they found him in his office where $100 missing. In that
particular case, without having proof employer cannot remove employee from the company.
Donna needs to investigate the case properly and then take final decision. However, employer
need to give prior one month notice of termination (Hutson, ed., 2017). If in whole scenario
employee is innocent, in that case employee has right to claim to the company. Employment law
has been breached in that case, then employer is liable to face consequences and face many
government issues. Employer is liable to pay compensation for his wrong and unfair behaviour.
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In accordance with the above case in which employer applies wrongful or unlawful
dismissal with the employee. Wrongful dismissal means when party breach the contract under
the law. On the basis of government take some action against the party. Besides unlawful
dismissal means is an act of employment termination without any proof or reason. In that
situation Calvin has rights to adopt legal action against Donna to take the claim, besides Donna
needs to follow the regulations in order to maintain ethical environment.
CASE 2:
In this case where Kavins's father Mr. Den, owns small convenience store. Due to fire, he
lost his store completely. After that, he decided to open a new store at another place. After the
opening of new store, he decided to claim for the loss (Kavanagh and McRae, 2017). But he
didn't get any amount of claim because at the time of insurance, he filled wrong information in
the form due to having improper information and knowledge. Due to this, company denied to
pay claim to Mr. Den. In that case, law of contract has been breach. It is important for the
claimant to provide all information regarding the matter to insurance company as at the time of
investigation, if company found any hidden information, claimant is liable to face consequences
and trouble to get the insured amount from the company. It is the duty of claimants to provide all
necessary information to the company so that they will get full claim at the time of any loss. On
the basis of Section 26 of Contract Act 1950, it is the duty of claimer to give all necessary
information to the company. They don't have any right to hide single information from the
company. It is totally illegal according the law (Maitland, 2016).
In accordance with the fact there are three types of misrepresentation fraudulent,
Negligent and innocent misrepresentation. Fraudulent misrepresentation is a very serious offence
when parties knowingly do mistakes and give false statement. In this case claimant is the victim
of alleged fraudulent which makes contract damage. Besides, Negligent misrepresentation is the
another offence in which party makes careless statement of fact or does not have sufficient
reason for believing. Besides, Innocent misrepresentation when party agree the truth at the time
of representation was made. According to that Mr. Dan had done Negligent misrepresentation
they give wrong information to the insurance company due to having lack of knowledge. It is
suggesting to the party to make sure that all given information should be right and true.
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P5 Justification of given solution of business problems.
According to the given case, it is totally right for Calvin to claim on the company for
unfair dismissal. In this case, employer is not in the position to terminate the employee without
any proof. Employer cannot terminate employee who is working for the company for last 4
years. In that case, employee has right to claim on the company for justice. As an employer,
Donna has right to make proper investigation and then take final decision. As per the law, if
employee is not capable enough to perform the task, then employer remove them from the
company. For that process, they need to give one-month prior notice to that employee. Calvin
was the loyal employee of the company, Company needs to adopt healthy enviormenet in order
to retain talented employees for the company. Calvin has right to take action against Donna for
unfair practices (Parkes and et.al., 2015).
On the basis of another case which is based on Kevin's father Mr. Den, after his heavy
loss Mr. Den wants to claim its amount from the isurance company but due to wrong information
company denied to pay the amount to Mr Den. Every claimant has right to give all required
information to the company. At the time of investigation, if company finds any hidden
information they claim to the person. This is very important for both the parties to disclose all
necessary information. But due to having improper information, he provided wrong information
to insurer. In this situation, company can refuse the amount of claimant. To remove all
confusion and misconception, claimant is responsible to give right information to the company
(Yip and Goh, 2017).
M3
Positive impacts:
 It provides right guidelines and feedback of individual.
 Solutions have given proper plans so that individual cannot repeat that again.
 Solution helps to determine victim and culprit.
 Legal solution also helps to safe the lot of time and provide better solution.
 Legal solution assists to focus on the issues and aiming to the main issues.
 It also helps to reduce stress from the court appearances time, cost.
 Feedback gives better solution techniques and methods to solve the case scenerio.
Negative Impacts:
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Legal solution sometimes takes long time to take decision which is not convenient for the parties.
On the other side and law needs any proof and evidence to get itself innocent which is sometimes
not possible for victim.
SECTION 4
P6 Explaining the alternative solution process and recommendation of legal solutions in business
practises.
(A) Alternative of legal solution
ADR means Alternative Dispute Resolution. It is the problem-solving process which is
happened outside the court. It is the very much effective and flexible process of problem solving.
There are many alternative solutions are given to resolve the matter (Cheeseman and Garvey,
2014). This can be mediation, law technique, collaborative approach, arbitration etc. there is one
case of Antwon and Tyrell. This issue has been solved by ADR techniques such as collaborative
and arbitration. It helps to remove all those conflicts and make the safe and secure environment.
Mediation is a one technique in which one mediator solve the matter of two parties and resolve
the alternative dispute solution (Alternative Dispute Resolution, 2017). In which mediator listen
the issues of both the parties and make final decision. This mediator is not related to any of the
party. On the other side, Arbitration solution technique. In this process one arbitrator is
appointed to solve the dispute. In which they research the problem and analyse them very
perfectly and then comes to final decision which will acceptable by the parties (Kavanagh and
McRae, 2017). Generally, this technique is used for commercial issues which arises at mercantile
issues. As per the technique, arbitration technique of ADR is much effective to resolve the issue
of Antown and Tyrell.
Advantages of ADR
 It is the most effective and best process of solving the disputes between both parties.
 In the process of ADR, entire information of the parties is confidential and safe. Alternative solution technique are using outside the court.
B) Recommendation of Alternative legal solution of the business problems.
The main reason of dispute in between Antown and Tyrell is that both the parties are not
satisfied with each others work. To resolve this issue, Arbitration and Mediation technique is
most effective and perfect. It gives effective solution to the party to take better decision. Apart
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from that, this dispute may be solved by negotiation technique. In this technique, parties will
share their needs and wants. This will help to resolve the issues and disputes between them. This
technique helps in resolving the dispute matter with mutual understandings. Another advantage
of this technique is that in this case both the parties will get the benefit (Twomey, Jennings and
Greene, 2016).
Due to having lack of understanding both the parties have not satisfied with the work of
each other. It makes wrong impression on the individual mind which creates negative impact on
the business activities, this impact may also occurs some issues and conflicts between the
business activities. For Antwon and Tyrell they need to adopt arbitration techniques to resolve
their major issues.
M4
On the basis of perception, arbitration technique of ADR is better than mediation. This is
because appointed person in arbitration is not related to any party. And, they always try to give
better solution to the parties, which is in favour of both the parties involved in the dispute.
D2
Arbitration technique is more preferable to solve the issues of the parties; on other hand,
negotiation technique is the method in which decision maker give common solution for the
problem (Dau-Schmidt, Finkin and Covington, 2016).
CONCLUSION
From the above report, it can be concluded that English legal system plays very important
role in development of safety in UK. This is the systematic set of system in which various rules
and regulations are discussed to protect the interest of individuals of United Kingdom.
Furthermore, it was discussed about the government role in making several laws to maintain the
systematic order of discipline in the country. Government of UK needs to adopt some more laws
and act to protect the interest of employees through which they get justice and fair practices in
organisation. It helps to improve safety needs of employees during the working hours. Along
with this, it was concluded that there are several obligations of employer which is essential to be
followed by employer in relation to employee. It makes company environment safe and healthy.
That employer must be provide health and safety benefits, equal opportunities, fair practise,
employee compensation. Moreover, all types of medical or safety benefits must be provided by
11

the company to protect the employee benefits. Overall, it also discussed some legal solutions and
ADR techniques to resolve the disputes between the parties.
12

REFERENCES
Books and Journals:
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 Geography. 15(6).
pp.1195-1226.
Hutson, L. ed., 2017. The Oxford Handbook of English Law and Literature, 1500-1700.
Oxford University Press.
Kavanagh, M. and McRae, E., 2017. Employment law: Protecting vulnerable workers
amendment to fair work act. Governance Directions. 69(4). p.241.
Lareau, N. P., et.al, 2016. Attorney's Fees and Costs (Vol. 4). Labor and Employment
Law.
Maitland, F.W., 2016. Why the history of English law is not written. Library of Alexandria.
Marshall, A. M., 2017. Confronting sexual harassment: The law and politics of everyday
life. Routledge.
Miller, R. L., 2015. Business Law Today, Standard: Text & Summarized Cases. Nelson
Education.
Parkes, R., et.al, 2015. Gatley on libel and slander. Sweet & Maxwell.
Twomey, D. P., Jennings, M. M. and Greene, S. M., 2016. Anderson's Business Law and
the Legal Environment, Comprehensive Volume. Nelson Education.
Wilcox, K. C. and Youngsmith, D. M., 2015. Overview of Equal Employment Opportunity
Laws. California Employment Law. 2.
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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.
Online:
Alternative Dispute Resolution. 2017. [Online]. Available through:
<https://www.law.cornell.edu/wex/alternative_dispute_resolution>.
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