Workplace Conflict Resolution & Legal Structures

This assignment analyzes the role of law and alternate dispute resolution (ADR) in addressing workplace conflicts. It explores different ADR systems like negotiation, arbitration, and adjudication, and compares the legal structures of companies in the USA and UK. The text uses case studies to illustrate the application of these concepts, emphasizing the importance of legal frameworks for achieving justice and resolving disputes effectively.

BUSINESS
LAW

Table of Contents
INTRODUCTION...........................................................................................................................1
TASK 1............................................................................................................................................1
P1............................................................................................................................................1
P2 ...........................................................................................................................................3
TASK 2............................................................................................................................................5
P3) ..........................................................................................................................................5
TASK 3 ...........................................................................................................................................7
P4) ..........................................................................................................................................7
P5) ..........................................................................................................................................8
TASK 4............................................................................................................................................8
P6 (a)......................................................................................................................................8
P6 (b) .....................................................................................................................................9
CONCLUSION................................................................................................................................9
REFRENCES ................................................................................................................................10

INTRODUCTION
Business Law are described as pattern and regulations that should be used by enterprises
so that they can run their operations in planned and effectual ways. Laws give directions to firms
by which they can achieve growth and development for business. All business have to run there
operations with law, order and management should not violate any of these factors. Various laws
are developed in order to protect employees, if they are not defaulter at any point (Scott and
Davis, 2015). In order to gain justice people should have an ideas about the roles which had to be
performed by them in order to achieve effective results. The present report is based on structures
of laws, role of government bodies on different legal systems and there impacts on firms.
Different ways by which problems can be solved in legal and ethical ways.
TASK 1
P1
(Source: English Legal structures, 2017)
English legal structures consist of different scheme which comprises of lawful
statements. These are beneficial in taking important judgement in relation to the cases which are
held in courts at UK. This is also vital for providing justice to those persons who have not
committed any mistake but they are called as defaulters (Von Glahn and Taulbee, 2015). The
people of nation are totally dependent on this process in order to gain assistance at those places
where they have not committed any mistake.
Hierarchy of UK court
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Illustr
ation 1: Legal Structures

Supreme court: It is highest court of the country and the decision which are taken by
them in any case are final. This states that person have to agree upon their decisions and people
cannot deny from doing so. There were modifications made in House of Lords which was done
in the year 2008. Supreme courts are analysing each situation from courts of appeals and in some
case they are dealing with case which are coming from high courts.
Court of Appeal: These are classified into two division which are called as criminal and
civil sections. The decisions which are vital are taken by the judicature of appeals.
Civil Divisions: They have the responsibilities to solve all the problems which are linked
with civil laws. They are mostly handling those cases which arises due to family issues. This is
beneficial in solving all the problems by implementing effective solutions.
Criminal sections: It held all the cases which are related with crime. The main social
control on these case are of supreme crown courts. Penalties & punishment are imposed on
those persons who are indulge in this case (Abbott, 2014).
High Court: It comprises of supreme tribunals who are having their operations in whole
nations as well as states. It is described as the biggest house of laws. It compose of three areas
like family, Bench Queen and Chancery courts.
Chancery Court: These are the most important elements which are linked with English
rules and regulations. They are assigned the responsibilities of making modifications in circuit
legal systems who are having their operations in common ways. This court held all the cases
which are linked with mental disorders, corporal cases, insolvent of contracts and salvation in
those cases that are related with real estate and buildings.
Family conception: This court held all those case that are related with family issues. The
final decisions are implemented on the basis of laws which are suitable for the present case.
Chancery Division: It held cases of various fields like criminal, cases of intellectual
property, conflicts, fraud etc.
Queens Bench Division: In this types of court all the matters which are related with
drugs are held. The final decision is made on the statements which are given by Judiciary
(Butler, 2011).
Country and crown courts: The country court held all those cases which having values
under £5000. It includes contract which are broken by individual, equity shares and Debt.
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In crown court cases are held which are related with criminal matters. The only ways to
solve them is by the appeals made by magistrates.
Magistrates: They held all the cases which are general and civil by nature in relation to
land and property.
Different sources of laws are described as:
Common Law: They held all the cases which are linked with daily issues. The important
decisions are made on the basis of the those cases which are developed in the past years. This is
beneficial in resolving the current case by taking the past act as the base. This cal lead to difficult
situations when person are not happy with the solutions as they were according to past year case.
Equity Law: It is related with plans and policies which are valuable in solving issues. The
laws are applicable on those cases when changes does not relates with the present situations.
Judicial Precedent: It contains various factors which are helpful in solving the issues in
planned and effective ways.
NMW Act: This act is valuable for workers as they will get minimum wages which are
decided by government authorities (Scott, 2013).
P2
Legal structures are very vital in utilising plans at business organisations. This is
beneficial in executing all business operations in planned ways. Laws are developed in order to
resolve issues which are faced by individuals. The process of laws are described as:
Issues which are linked with government agenda: The political parties are fighting among
themselves in order to get assistance from British Voters. There main aims is related with
adopting changes which are useful for the overall nations. If parties gain success in their plans
than they can easily execute new government.
Ideas for addressing issues: In this process difficult issues are addressed which requires
good and effective ideas in order to resolve them. The main responsibility of implementing this
is with housing departments and business.
Interested persons and groups are considered: This process consist of all those persons
who are having same issues (Barnett, 2014). There opinion is taken in order to solve the
difficulties which are presently faced by them. The authorities who are having operations at high
stages are involving expert advice in order to resolve all the issues.
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Ministers should agree to forward the proposal: In this case ministers are involving every
case which are facing difficulty for individuals. Committees are organised by ministers in order
to implement various plans which are afterwards given to governing officials.
Set up of Bills: The main role of governance authorities are related with passing the
accurate and correct proposals which can be transformed into bills. This is useful in solving all
the issues which are faced by individuals.
Parliament considers scrutinises bills: The parliaments are focusing on those factors
which are called as elements. They are mostly presented by the government bodies. It is
mandatory to make approval of all the bills from both the houses of parliaments & well as the
common house. All the bills are passed on through same processes.
Parliamentary stages: The bills starts their process from the two houses of parliaments.
Common houses contains bills related with taxation policies.
First Reading: After the bills are read loudly in chambers than they are freely available
for the associate of parliaments (Klabbers, 2015).
Second stage: The votes of every cases are developed from MP'S
Committee Stage: All the employees of the nations are given rights to think freely about
that party which is effective and can work in relation to development of whole nations.
Report Stage: In this stage reports are made which contains changes enacted by the two
house of parliaments. Thus effective and valuable solutions are developed for the people who are
residing in nations.
Third Regarding: This is the final stage where readings are done in house of parliaments
There is detailed study done in order to apply effective solutions for the issues.
Approving of Bills: The bills are sanctioned finally if all the associate of parliament are
happy and they accept the bills (Stephens, 2012)
Monarch's agreement turns the sanctioned bill into an act or law: The bills which are
passed have to be authorized by Monarchs thus they are called as Royal Assets. They only pass
the bills when the appointed ministers asked them forward the bills.
Differentiation between common and statutory laws are evaluated as:
Common Law Statutory Law
They are also called as case laws. All the plans These laws are related with different
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and policies are based on legal procedures
which are developed by courts.
 In these cases the decisions which are
given by judges are considered as final
and they have to be followed by all
persons (Law, 2011).
 The systems are linked with adopting
of plans and policies.
 These laws are always instructive by
nature.
legislations which are operating in nations.
The government authorities are establishing
new policies for enforcing laws.
Statutory laws are related with subject matters.
All the statutory laws are perspective by
natures.
Execution of common law and statutory laws are described as:
Rules of interpretations: The main aim of this process is related with development of
plans and policies in order to apply solutions which are very vital and effective. All the persons
of the house of parliament can participate in decision making activities. They also have the
freedom to show their presence even if the case is not relevant with their subjects.
Support used by Judges: The assistance of all the judges are useful in resolving different
types of issues. In this method risk factors are ignored because all the problems gives negative
impress. In some cases solutions to problems
Statutory Implementations: This process is related with development of plans and
policies in order to make effective decisions. In this method every members from the house of
parliaments can show their presence in decision making.
TASK 2
P3)
In corporate industries, business laws plays a vital role in their growth and success. It forces
managers of companies to act or perform in a legal manner. In business entities, each and every
activity is connected with each other in order to achieve specific goals and objectives in a certain
time period. Apart from, this business laws are also helpful in assigning roles and responsibilities
to workers so that they can work effectively and effectively (Kochan, 2011). This make
employees more valuable as they can work in order to face challenges and future threats. For
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attaining better outcomes, companies adopt various laws and legislations in legal manner, which
are described as below: - Occupation health and safety act – The act is related with providing health and safety
measure to all employees of the company who are currently working. It is legal right for
all employees to get healthy and positive working environment so as staff members can
performed business operations in planned ways. The main aim of managers is to reduce
obstacles and barriers, and running a business entity in a safe environment. Working compensation – UK government has developed various laws and legislations so
as to provide compensation to all employees. High pays and compensation is the reason
through which workers can be motivated and work appropriately towards achieving
higher competitive advantages. Various compensations assists in providing satisfaction to
workers when they are suffering from any kind of diseases. Harassment – Now a days, sexual harassment can be seen in many multinational
organisation. It is a strict crime. In this, workers are treated as aggressively from their
senior managers and higher authorities. It could also put an impact upon market
reputation of the firm. In addition, justice should be rendered to employees who are being
involved in such kind of problems and issues (Robson and et. al., 2012).
 Equal opportunity – The act says that, in a business entity all staff members are treated
in an equal manner. There should be same laws and policies for all employees, managers
do not have right to make any discrimination for race, religion, gender, age, cultural etc.
The laws also states that, employers should not make any discrimination among male and
female workers in relation to work and salary at the time of hiring.
B Case study
As per above mentioned case study, there was a sixteen years aged girl who worked at
restaurant of fast food. A day, when she working there, suddenly her hand blunder in a deep
frying pan whose temperature was 360 degree. At this this, there was lack of staff members and
managers were busy in another work. He did not show nay concern with that girl.
Health and Safety act: In an organisation accident can take place at any time because
they are inevitable. So the mangers should ensure safety aspects in order to solve the issues. In
relation to the case the Team Leaders does not have an concern for the 16 year girl who was
injured while was was frying cookies (Piotrowski, 2012). There ware no plans adopted in order
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to ensure safety at work place. Thus it is advised that mangers should care about their employees
and they should also insure safety factors. They can implement operational Safety and Health act
in order to ensure safety of workers and paying them compensation if they are injured.
TASK 3
P4)
Case 1
All the business have to focus on developing arrangement and plan of action in order
executing working in planned ways.
Various approaches to dismissal are described as:
Constructive Dismissal: The dismissals of contract occurs when there is breaching of
laws. The results of this is that employees are not satisfied with working environment and they
are leaving the organisations (Storbacka, 2011).
Fair Dismissal: This type of dismissals occurs when there is a valid reason for
termination of employees that are given by higher authorities. This can be done but mangers
have to provide notice period to their workers in advance so that they can search for a new job.
Unfair Dismissal: This is the process used by mangers for discharging their employees
without any reason and also notice period. This is against the laws.
Case 2
The mentioned case was about insurance and it was stated in their policy that person have
to claims the insurances in 2 months from the date of issue.
The problems can be solved of the above two cases with the help of following aspects
 Employee tribunals are designed so that persons can put their issues like if mangers had
been terminated by their mangers without any advance notice. According to the case
Calvin can put her issue in the tribunal in order to get justice for herself.
 According to Law there are different type of employment rights. In relation to this Calvin
can use this because she was blamed wrong for the theft as their was no evidence which
can prove this that she was indulge in fraudulent activities. She have the right to put a
complain for her wrongful termination (Deutsch, 2011).
 Den should take those insurance policies which can sustain for longer time durations.
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 Different schemes are developed by government which are very useful and these can be
adoptive by Den.
 It is the responsibility of insurer to make the person understand plans and policies in
order to resolve issues which can arise in future time.
P5)
Every business should develop plans in order to apply laws at work place. This is useful
in executing business operations in planned and effective ways.
Employment act 1996: This act is beneficial in protecting workers who are indulge in
unlawful practices. This is mostly applied in those case where mangers fire their employees
without any notice. Employees are vital for success of any firms thus it they will stop working
than all the business operations will be hampered. All the laws which are applied at business are
written in the offer letter given to employees at the time of joining.
Section 94: This act states that mangers are not libel to fire their employees without
advanced notice for 1 month. They had to give notice period for the same.
Section 95: This section implies that managers have authority to discharge the workers if
they are not following rules and destroying the property or involved in fraudulent activities.
Section 96: This section is related with protecting the employees who are terminated
without any valid reason and this is against the law of land (Olmstead, 2016).
According to the mentioned case of Donna and Calvin if the workers are removed from
the work place without any notice than it is called as unlawful.
The another case implies that Den was not libel to claim the insurance as he was not at
aware of the plans that were mentioned in the policies.
TASK 4
P6 (a)
The systems of alternate conflict resolutions are adopted by firms in order to resolve the
conflicts from work places. This is valuable as the cases are solved with the help of shareholders,
suppliers and traders. There is focus of government authorities in order to develop ADR systems
to solve conflicts (Kochan, 2011). Negotiations are useful in solving the problems by developing
effective ideas in order to resolve them.
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According to the case of Tyrell and Antwon they were facing the problems from long times but
were unsuccessful in finding out appropriate solution. They can apply ADR in order to solve the
conflicts which is destroying their friendship.
Advantages of ADR
 It saves money and times as the case are solved without holding them at courts. The
money which will be given to layers are saved.
 It is very useful method and the cases are held safely and proper solutions are generated
for the problems.
P6 (b)
Law of various country are evaluated as :
Company law USA
In order to apply effective solution for the problems they are
using exchange and securities act which were developed in 1934.
It is beneficial in exchange of shares. It also includes different
types of preventive actions (What is the Structure of the UK
Court System, 2011).
UK
They are using companies act in order to assign responsibilities
to workers in planned ways. This is beneficial in achieving good
results by applying defined plans.
There are the laws which are followed at UK and USA in order to resolve issues that are
arising at work places. If the problems are not solved than they can use Arbitration, constellation
and Adjudication methods.
CONCLUSION
From the mentioned report it is analysed that Laws are very important aspects in
protection of precise of all persons so that they can live a happy life. All the activities of business
should be planned in order to achieve success and growth. Law and order are advantages in
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gaining justices for people who are not defaulters. Government are developing plans in order to
achieve growth for whole nation.
REFRENCES
Books and Journals
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