Analysis of Case Studies and Research Papers

This assignment involves analyzing a list of provided sources, including research papers, case studies, and academic articles. The sources cover a range of topics such as business ethics, corporate governance, innovation policy, mediation research, and more. The analysis includes identifying key points, understanding the context, and potentially applying the knowledge to real-world scenarios. This assignment is likely for students in fields related to business, law, or social sciences.

Business Law

Table of Contents
INTRODUCTION...........................................................................................................................1
TASK 1............................................................................................................................................1
P1 Construction of English legal system and different sources of law.......................................1
P2 Role of government while making any law............................................................................5
TASK 2............................................................................................................................................6
P3(a) Legal obligation of employer’s..........................................................................................6
P3(b) Employment of contract law..............................................................................................7
TASK 3............................................................................................................................................8
P4 Appropriate solution for entity problems...............................................................................8
P5 Justification of solution with relevant case studies................................................................8
TASK 4............................................................................................................................................9
P6(a) Alternative Dispute Resolution and its advantage.............................................................9
P6(b) Recommendations............................................................................................................10
CONCLUSION..............................................................................................................................10
REFERENCES..............................................................................................................................11

INTRODUCTION
Law is a set of rules which are framed by government and parliament. There are several
organisations which have rules, but these rules become law when they are recognised by
government, then rules are enforce by court. In modern era, it is essential to understand that why
people need law because they can protect individual freedom, set their standards, provide
solution to legal problems (Blattman, Hartman and Blair, 2014). Laws are classified into various
parts which defined roles and responsibilities of every individual. In this report, structure of
English legal system has been explained which help to people also to resolve their disputes
accordingly. Moreover, roles of government are discussed in detailed while making laws or act
for a country. Apart from this, it is at workplace it is responsibility of employers to protect the
rights of workers, so in this regard employment act and many more laws are being discussed.
Beside this many case laws are explained. In last, concept of alternative dispute resolution
process is explained.
TASK 1
P1 Construction of English legal system and different sources of law
United Kingdom is considered as a legitimate monarchy which contains so many rules
and regulations to give advantage to resident people as well as organisation. In ancient time,
parliament had framed many rules and regulations where it is protecting the rights of people
from any unlawful activities. But sometimes it become obstacle for people understand these rules
because it is made over 100 years (Cameron, 2017). Here structure of English legal system has
been enumerated so that people can resolve their issues in proper manner.
1

Source 1: English Legal System, 2015
The court structure of UK is divided into criminal and civil. The proceedings are started
with lower courts and these are progressed in higher court or in supreme court. This country is
operating a common law of all people which also combine legislation rules and regulations.
Supreme court is considered as highest court where all cases are resolve here by passing through
different stages (English Court System, 2015). While going for a supreme court, following are
some stages in which cases are passing. Overview of these above court has been explained in
detailed.
Civil court Criminal court
 Country court
 High Court
 Court of appeal in civil division
 Magistrate court
 Crown court
 Court of appeal in criminal division
Country court – This session of court hears the majority of civil cases. They established
many rules and regulations so that people they can deal with recovery of small amounts.
Following are some action which is started in country court; money claims for credit goods
which are regulated by Consumer Credit Act, dispute regarding contractual which is less than
25000 pound, claim for personal injury under 50,000 pound and many more.
2

High court – This court is considered as both where actions are to be commenced and
appellate court. This court is having three divisions i.e. Queen’s Bench, Chancery and Family
division. Each division is having head judge
Source 2: High Court Structure, 2015
Magistrate court – These are appointed by Lord Chancellor and people who are between
the age of 21 and 65 are working here. In this magistrate are not getting any salary but they can
claim for the for expenses. There are some cases which are not eligible in magistrate court;
bankrupts, people with criminal convictions, police officers or traffic wardens and many more.
Crown court – These are considered as single court which sites in venue throughout the
country. These are also known as Central Criminal court. They deal with those cases which are
of serious in nature and it is tied up with 12 jury of people. Example of offence are murder, rape,
robbery, blackmail etc.
Apart from this, there are different sources of law which has to comply by organisation as
well as people (Sources of English Law, 2015). Through this they can understand their rights and
laws which are giving advantage to them.
3

Source 3: Sources of English Law, 2015
Legislation – These considered two sources of legislation where laws are created by
legislature. These are primary and secondary. In primary, act of parliament is also known as
statues. Whereas in secondary, powers are delegated to local authorities or any other public
bodies so that they can make some specific laws by the permission of parliament.
Case law – In this judgment are made on the basis of rules and regulations which are
existing. In this decision are made by higher courts so that they can inferring the meaning of
statues. In this both criminal and civil cases are included.
EU legislation – In 1973, UK had joined European Union and accepted all obligations
which is implemented across the country. EU legislation has become the part of English law so it
does not replace by them (Chodorow-Reich and et. al., 2012). However, EU law always prevail
when any conflict has been raised between EU legislation and English law.
Equity Law – This provides legal framework to people to get equal benefit at workplace
also. This law has set many rules and regulations where employers is liable to get equal
opportunity. So everyone has to comply with these laws and must be strictly followed by them.
Apart from this, there are many acts which has been framed by government and
parliament to protect the rights of individual or employees at workplace.
Working time regulation act 1998 – This provision had provided legal framework
regarding to working hours of workers at workplace. As per this provision it is compulsory for
every employee to work at least for 48 hours per week and provide them necessary holidays
whenever they required.
4

Minimum Wages Act 1948 – There are different types of workers who are covered in
this cat and they are expected to receive a minimum pay levels; home, casual, temporary or
agency workers and many more (Kalbaska and et. al., 2013). The employees who are working
above 22 age 6.08 pound per hour, 18-21 years old pound 4.98 per hour and 16-17 years’ old
pound 3.68 per hour.
P2 Role of government while making any law
The government of country are playing an essential role when they are making any law or
implementing new act. They are having rights to make mandatory changes whenever it is
required. While making any act, then it is important that it should be first drafted in “green
paper” which is showing initial guidelines. Following are stages where bill has to be pass so that
bill can be converted into act of parliament.
First stage – It is considered as purely formal phase where bill is represented by member
of government in front of parliament.
Second stage - In this phase, members are founding key areas of principals are found
and on the basis of it decides that bill should be pass or not for further stage. So according to this
debate has been conducted between the members of parliament.
Committee stage – Now in this stage, bill is kept in front of both houses of parliament.
In this, votes are given by members for making aby amendments in drafted bill (Lumineau and
Malhotra, 2011). With the help of votes, parliament will decide that whether it is significant to
make changes in bill or not.
Report stage – In this session, only amendments of bill will take place and discussed
with other member, further changes are required or not.
Third reading – General discussion on bill will take place. In this bill will be
immediately put into the report format. Last chance will be given to member for voting to make
more modifications in bill. At the same time, it will be considered as tiding up stage of bill.
Along with this both house i.e. lords and commons have to agree upon bill which had been
discussed in session of parliament.
Royal assent and beyond – This is the last stage, where approval of Queen monarch has
been taken and then translating bill into “Act of Parliament”.
Besides this, there are also statutory and common laws which are applied in courts of
UK. These laws are framed because government can protect the rights of resident people from
5

any unlawful activity. With the help of these laws, they can also prohibit those illegal activities
which executing by any person. In common laws, judges are making rules and regulations which
is based on preceding’s. But this also offer opportunity to adjudicators to create new laws
because it does not include any statutes (Mahoney, 2013). In contrary to this, statutory laws are
considered as formal body. In this rules and regulations are written on legislation, but these are
not mandatory on entities or people to implement these acts which are framed by them.
TASK 2
P3(a) Legal obligation of employer’s
In country, government even parliament had framed many acts in regard to employees in
order to protect their rights at workplace. Thus, it become responsibility of employer to provide
safety working environment to workers who are working on there. So, they have to comply with
all laws and acts which are implemented by government to get better result from their
employees. Below mention are some acts or law which has to be comply by even large or small
entity and employers and these are also clarifying obligation of bosses at workplace which has to
be performed by them.
Occupational health and safety – It is considered as primary federal of law which runs
under health and safety act (Mallin and Ow-Yong, 2012). As per provision of health and safety
act 1974, it is responsibility of employer to provide proper training to workers so that they can
use equipment’s in adequate manner. This act is established because employers can protect
employees from any dangerous activity also at workplace.
Workers compensation – According to provision of worker’s compensation act 1897, it
become obligation on employer to defend worker if they are performing any unlawful activity at
workplace. If any injury is occurred to any worker, then it is responsibility of employer to
provide monetary so that they can get better medical treatment facility.
Harassment – According to equality act 2010, it is providing mechanism for employees
and staff to peruse claim against harassment. Protection from Harassment act 1997, it provides
an alternative cause of action for those employees who are suffering from harassment cases. It
can be done on the basis of age, religion, caste, nationality (Mason and Harrison, 2015). While
these activities are taking place in organisation, then they have to also provide additional benefit
to them.
6

Equal opportunity – In large or even in small organisation, employers have to offer equal
opportunity to employees. Through this they encourage themselves to perform task in
appropriate manner. According to Equal opportunity act 2010, employer do not discriminate nay
employees which can also impact on their organisational objectives.
If all above mention laws are not properly comply by organisation, then it will also
impact on their image and become difficult for them to retain employees for a long period of
time. So, they should be up to date with all these law to operate their business function also.
P3(b) Employment of contract law
Employment of contract is created between employer and employees to perform their all
roles and responsibilities which are specified in laws. This contract is start when labour or
worker accept all terms and conditions which are specified and written in employment. In
accordance with the provision of health and safety act 1974, it has provided conceptual
framework in regards to employees to ensure about that whatever task which are performing by
them is in appropriate manner (Nolan-Haley, 2013). Some important points are considered in
this, for example, it is duty of employers to maintain positive and healthy environment at
workplace. Along with this they have to conduct proper training session for workers which help
employees to use proper equipment’s and provide appropriate services to customers.
With reference to case study, 16 years old girl was working under fast food outlet and
cooking fries. On day she falls on floors due to leakage of water from ice-making machine and
her hand was broken. On other side, at same point of time her hand also burn due to her hand
was went into deep fryer which containing high temperature. While all these actions going on,
other staff i.e. team leader was working upon cash account instead to supervised them.
As per provision of employment contract act, organisations are not permitted to keep the
children who are under the age of 18. Along with this, if any injured had taken place to
employees so according to health and safety act it is responsibility of employer to provide them
compensation amount. In this case, team leader is responsible to monitored them or use proper
equipment’s which does not cause any injury to anyone at workplace. So, they have to also
provide her a compensation amount to get proper medical facilities.
7

TASK 3
P4 Appropriate solution for entity problems
Redundancy is considered as form of dismissal where workers are terminated from
organisation without having valid reason. Most of these actions are taken by employers when
they want to reduce workforce (Osborne and Brown, 2011). But, when redundancy take place in
entity, then there are some privileges which are available for employees and some of them are;
time period to searching new job should be allowed, serve notice period of 30 days, consult with
higher authority and many more. These are rights defined in employment act 1996 in section 94.
This section describes the rights of workers if they are getting unfair dismissed from workplace.
But it also states that, if employee want to claim against employers, then they should qualify with
in agreement period.
In given first case scenario, Donna is operating large fashion house and under her Calvin
was working as employee since last four years. One day, his employer Donna had arrived in
office and discovers that some pound was missing from her petty cash book. On the basis of this
situation, she dismissed Calvin and does not provide right to him in which he can put their point
of view. As per provision of Employment act, Calvin is having right to sue against them and
recover the loss amount from Donna.
With reference to second case, Dan was running a small store and which destroyed in
fired. At same point of time he applied for an insurance. When he is filling proposal for claiming
the amount one question was asked by him that “have you made any claims on insurance in last
two years”, but he replied no. The insurance company rejects to pay the compensation amount.
According to provision of insurance act, 2015, there is not any time bound to claim for
the insurance amount (Rothenberg and Gardner, 2011). The damaged party is having authority to
plead in court for recovering the loss amount from company.
P5 Justification of solution with relevant case studies
In employment act 1996, it provides many legal framework regarding to employees. if
any worker is terminating from entity, then there are several rights which are available to them
even they can also suit in court if they are dismissed for unnecessary reason. In section 95 of
employment act, following are some circumstance where employee can be dismissed.
 If the contract has been breach by employer without serving notice period or not.
8

 The contract has been made for a limited time period.
 Employee is terminating contract under employment act.
As in first case, if Donna wants to terminate Calvin, then she had to serve the notice
period or given him another chance. But if opportunity of being heard is not provided, then
Calvin is having authority to sue against them.
In second case, written application can be filed by Dan to plead from court for recovering
loss amount. But he cannot claim against them for compensating loss amount.
TASK 4
P6(a) Alternative Dispute Resolution and its advantage
The concept of ADR is providing wider range of techniques in which parties are allow to
resolve their disputes according to their capabilities. In these technique, there is not any
intervention of litigation court process so it saves their time as well as cost (Wall and Dunne,
2012). As it depends upon the parties that which process they choosing to resolve their disputes
and it will be beneficial for them to avoid lengthy process of court. So, process of ADR is
considered as flexible decision for parties. The following are term which is included and help to
parties also to settle their dispute in appropriate manner.
Adjudication – There is an employment of independent adjudicator where it considered
all evidence so that they can make appropriate decisions. Most of the industries are using this
concept because through this they can get valid conclusion of their problems.
Arbitration – In this concept, there is an involvement of third party where they are
taking decision on the basis of evidence. In this disputes parties are appointing one person and
agreed upon that to resolve their matter. But the decision which is taken by arbitrator is bind on
parties.
Mediation - In this third party is appointed who is also known as mediator. This process
is adopted by parties when there is a little issues or it can be also considered as voluntary
(Walters, 2012). In this both plaintiff and defendant are not bind to strictly apply the decision
which are taken by them.
Negotiation – In this, both dispute parties are coming together for reconcile their issues
and doing compromises or settlement so that they can also maintain their good relation.
9

Apart from this, there is advantage of using this process where parties can also get
additional benefit in terms of compensation.
 It provides faster result and flexibility.
 The parties are allowing to keep their result as confidential.
 Wider range of possible outcomes are available here which resolve disputes.
 It is considered as problem solving approach and it consume less time as well as not very
expensive for parties.
P6(b) Recommendations
In every country there are different concept of alternative dispute resolution process. The
government of both UK and USA are having their own experience in resolving issues of parties.
US is having an extensive experience in ADR, this institution in its infancy in Russia. When any
disputes have been arising between parties in US, then parties are allowed to use any concept i.e.
arbitration or conciliation. In arbitration, both parties are appointing one-one person who is also
known as arbitrator (Williams, 2012). With the help of these persons, they are resolving their
issues. In conciliation, both parties are appointing one conciliator to resolve their issues. By
using both concept it will be beneficial for them, to save their cost and time.
With reference to this case, Antwon is running a large investment firm with Tyrell who is
owner of computer software. From several weeks’ disputes is their between them and they are
unable to resolve them because they are not getting satisfactory solution. On other side, both
parties wish to maintain their relationship. So in this regard, they can go for arbitration process
which helps them to resolve their conflicts as soon as possible and maintain their relationship
also.
CONCLUSION
It can be concluded from above assignment that laws and regulations are important which
has to be understood by every individual and organisation. While following all these rules and
regulations government can protect unlawful activities which are performing by people. Further,
cases which has been discussed above is clearly showing that employer is having a major
responsibility to defend the rights of employee at workplace. If they want dismissed aby
employee, then they have to strictly follow all rules and regulations which are made by
government.
10

REFERENCES
Books and journals
Blattman, C., Hartman, A. C. and Blair, R. A., 2014. How to promote order and property rights
under weak rule of law? An experiment in changing dispute resolution behavior through
community education. American Political Science Review. 108(1). pp.100-120.
Cameron, P., 2017. International Energy Investment Law: The Pursuit of Stability. OUP
Catalogue.
Chodorow-Reich, G., and et. al., 2012. Does state fiscal relief during recessions increase
employment? Evidence from the American Recovery and Reinvestment Act. American
Economic Journal: Economic Policy. 4(3). pp.118-145.
Kalbaska, N., and et. al., 2013. UK travel agents’ evaluation of eLearning courses offered by
destinations: An exploratory study. Journal of Hospitality, Leisure, Sport & Tourism
Education. 12(1). pp.7-14.
Lumineau, F. and Malhotra, D., 2011. Shadow of the contract: How contract structure shapes
interfirm dispute resolution. Strategic Management Journal. 32(5). pp.532-555.
Mahoney, J., 2013. Teaching business ethics in the UK, Europe and the USA: A comparative
study. Bloomsbury Publishing.
Mallin, C. and Ow-Yong, K., 2012. Factors influencing corporate governance disclosures:
Evidence from Alternative Investment Market (AIM) companies in the UK. The
European Journal of Finance. 18(6). pp.515-533.
Mason, C. M. and Harrison, R. T., 2015. Business angel investment activity in the financial
crisis: UK evidence and policy implications. Environment and Planning C: Government
and Policy. 33(1). pp.43-60.
Nolan-Haley, J., 2013. Alternative Dispute Resolution in a Nutshell, 4th. West Academic.
Osborne, S. P. and Brown, L., 2011. Innovation, public policy and public services delivery in the
UK. The word that would be king?. Public Administration. 89(4). pp.1335-1350.
Rothenberg, J. Z. and Gardner, D. S., 2011. Protecting older workers: The failure of the Age
Discrimination in Employment Act of 1967. J. Soc. & Soc. Welfare. 38. p.9.
Wall, J. A. and Dunne, T. C., 2012. Mediation research: A current review. Negotiation
Journal. 28(2). pp.217-244.
Walters, J. A., 2012. Drawing a Line: The Need to Rethink Remedies under the Age
Discrimination in Employment Act. U. Ill. L. Rev. p.255.
Williams, R., 2012. Enlightened shareholder value in UK company law. UNSWLJ. 35. p.360.
Online
English Court System. 2015. [Online]. Available through:
<http://consumer.newbeginningsresources.co.uk/legal/the-english-legal-system/english-
court-system/>. [Accessed on 12th August 2017].
Sources of English Law. 2015. [Online]. Available through:
<http://consumer.newbeginningsresources.co.uk/legal/the-english-legal-system/sources-
of-english-law/>. [Accessed on 12th August 2017].
11