Workplace Conflict Resolution and Law

This assignment delves into the complexities of workplace conflict resolution, outlining legal responsibilities employers have towards their employees regarding occupational health and safety, worker compensation, and more. It explores various alternative dispute resolution (ADR) processes and recommends suitable approaches for resolving conflicts within a business setting. The document aims to equip readers with a comprehensive understanding of effective conflict management strategies in the modern workplace.

BUSINESS LAW

Table of Contents
TASK 1............................................................................................................................................1
P.1. Explain the structure of the English legal system and discuss the different sources of laws
that organisation comply with.....................................................................................................1
P.2. Explain the role of government in law-making and how statutory and common law is
applied in the justice courts.........................................................................................................2
TASK 2............................................................................................................................................4
P.3. Explain how the relevant employment and contract law will have a potential impact upon
the business in the scenario.........................................................................................................4
TASK 3............................................................................................................................................5
P.4. Suggest appropriate legal solutions for each of the business problems...............................5
P.5. Provide justification for your solutions by either referring to a relevant statute or using an
appropriate case...........................................................................................................................6
TASK 4............................................................................................................................................7
P.6 (a) The concept and benefits of using Alternative Dispute Resolution process...................7
P6 (b) An alternative legal solution for settling the dispute between Antwon and Tyrell..........8
REFERENCES................................................................................................................................9

INTRODUCTION
In this research, we would take a look at the structure of the English legal system and
discuss the different sources of laws that organisation must comply with to resolve their legal
issues efficiently and explain the role of government in law-making and how statutory and
common law is applied in the justice court. Furthermore, we will briefly explain employers' legal
obligation towards occupational health and safety and worker compensation and suggest
appropriate legal solution for each of the above business issues and provide justifications of my
in the given case. Ultimately, we will explain the concept and benefits of using alternative
dispute resolution process and also provide some recommendation of which alternative option
are the best for this given case as well.
TASK 1
P.1. Explain the structure of the English legal system and discuss the different sources of laws
that organisation comply with
In hierarchy structure of English legal system, the major decision maker concerning to
the English legal system is supreme court and other courts below it effectively. The united
kingdom of great Britain and Northern Ireland (UK) made of four countries properly which is
England, wales, Scotland and Northern Ireland. Some essential laws of the UK applies on entries
these countries and some apply only on two of three countries efficiently. The supreme courts
final decision is considered as the law in the UK effectively. Although, supreme courts
considered as the highest English court and major decision maker in UK. Some decision of
European court related to human rights of the country's peoples do not binding on the nation's
domestic court effectively (Bird, 2011). UK's parliament furnish relevant guidelines about
representing of all government department and campaigns in the nation as per government rules
and regulations efficiently. The UK parliament plays major role in order to making new legal
system and the country's legal system has its own two different courts which is criminal and civil
courts effectively.
Supreme court: This is the highest legal body of the UK government, which allows to the
highest appellate court matters in the UK effectively. Its judge also has power about to the
resolution of dispute between major cases in these countries ( in Scotland, Wales and Northern
Ireland) or laws made by provided guidelines related to the legislatures in the country in more
relevant form.
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Senior court of England and wales: The United Kingdom does not have single unified
legal system, that's why, England and Wales has its own legal system, this court system has been
made under the judicature Acts of the UK which is “Supreme court of Judicature”. It is not the
top highest legal authority in the UK, it has authority of listen major cases of England and Wales
country's efficiently (Chaffey and White, 2010).
Curt of appeal: Court of appeal constituted of its two different types of court which is
High court and Crown court as well. In this court, civil courts appeals are listened in this court
effectively and crown court have authority to hear jurisdiction legal cases of the whole country
properly.
Varied different types of source of UK English laws which organisations must comply
with:
It has been seen that, there are several kinds of sources occurs in the UK legal system,
these sources are from legislation, common law, European Union law and the European
Convention of Human rights efficiently.
Legislation: Legislation is law which is formulated by the legislature in the country
effectively. The most crucial part of legislation is Acts of parliaments. This is the only body
which have authority to pass legal system in these four countries sufficiently (Clarke, 2013). The
UK parliament consist of tow section which is House of Commons and House of Lords. All
these members has its specific process making a new law in these nations effectively.
Common law: The legal system of England and Wales is common law system which it
makes decision on senior apples courts in the country efficiently. This is also a major part of
sources of law in the nation which provides effective legal provisions towards organisational
environment of the country, which its process must comply by all organisations in the country
effectively.
P.2. Explain the role of government in law-making and how statutory and common law is
applied in the justice courts
The house of commons: Member of Parliament (Mps) or House of Commons are the
people which is elected by the public representation in the parliament of the UK effectively.
They must be in form of majority in parliament in order to passing a bill properly.
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The Hose of Lords: The members of House of Lords consist of Senor bishop and life
peers in the church of England effectively. They also play a major role in case of conversion of a
bill into Act in the parliament sufficiently.
Bill: Bill are made in the form of draft which is made by civil layers as instructed by the
governance of the UK effectively. These bill could be in three types which is Public bills, private
bill and private members bills as well (De George, 2011).
First stage: In this first stage, Bill title and draft release to first reading in House of
Commons effectively. There is nothing to be done in this stage.
Second reading: In this stage Bill is debated and amended in this stage by several Mps of
the government in parliament.
Committee stage: In this stage, bull is refer to House of Commons committee for
explaining more details about the bill in the parliament efficiently.
Report stage: Committee reported and debated bill is to be processed to further
discussion by the House of commons.
Third stage: In this stage, the bill is re-presented in the House in order to making short
debate on it for further process.
House of Lords: This bill is send to House of Lords to process through above mention 5
stages and after amended is sent back to house of commons.
Royal Ascent: This is very formal process where, the bill is sent to Monarch for the
formally approve the bill and the bill convert into Act finally.
Statutory and common law: Statutory is more formal body of English legal system
which is n written form. This legal system provides a certain prohibited behavior in the court
while process court judicature process in the country efficiently (Folsom and et.al, 2013).
Common law defines about some process by which judge of the court makes decision based in
particular rules and regulations on the basis of similar cases which has been listed by them in
previous time effectively. Statutory law defines about some function and ruling of Court which
must be followed by Judge and people who is sited in the Court while decision-making and
several other process of the court efficiently. As per common law system, the lower court need to
follow the decision of its higher courts in the court rather than statutory laws in the country
efficiently.
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TASK 2
P.3. Explain how the relevant employment and contract law will have a potential impact upon
the business in the scenario
(A) Explain employers' legal obligation in relation to:
Occupational health and safety: As per occupational health and safety Act, 1974. All
organisation which is running in manufacturing industry and other dangerous zone, they have
been required to furnishing effective safety and health care by organisation to their employees at
the workplace in proper manner (Friedman and Hayden, 2017). All the employees who are
working in the organisation, employers, contractors, suppliers of goods and services and those
persons who hold other essential work premises in the company must be given safety and health
care services at the workplace in case of injuring occurrence in any employees of organisation in
UK effectively. It has main objectives to protecting the health and safety of welfare at the
workplace effectively and provide health insurance of each employees who are associated to the
firm efficiently.
Workers compensation: As per worker compensation Act, 1943 all employees in the UK,
must be given appropriate remedy in case of getting injured and suffering disease in their life in
proper manner (Hammond, 2012). In case of any serious disease of employees in organisation,
employer need to provide proper insurance policy and relevant medical treatment in their lives
efficiently. This is the major liability of employers in the nation to provision of appropriate
health and safety by giving insurance of each employees in order to getting proper compensation
in case of serious injury occurs in their lives effectively.
Harassment: According to harassment Act, 1997. It assists the UK country's employees
to make improve in wide range of behaviour in the nation in effective ways. This acts also
furnishing criminal and civil remedies in the country in more relevant form. The act defines that,
all employees including specially women at the workplace must be treated with dignity and
respect, their rights does not violate in the company effectively.
Equal opportunities: AS per the equality act 2010,in the UK, each employer must
comply with this law in order to provision of fair equal opportunities to their employees towards
grow in the company effectively. All employees in organisation does not discriminate in case of
their disability and any other mental and physical problems in their lives. They must be given
equal chances to grow in the industry properly.
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(B) As per given case, there is health and safety Act 1974, is being enforced in the given
situation, the fast food outlet must be in safer zone in order to provision of their food products
and services in relevant form (Hopkins, 2011). As his employees is injured form sever burn
because of her left hand went into the deep fat fryer containing oil in the company efficiently. In
this case, there are sort staffed on the day of accident and the team leader was working on the
tills instead of monitoring workplace safety efficiently. As per the Act, the leader of the company
must have liability to provision of safety at the workplace in relevant form. The employer have
fault regarding to proper maintenance of ice-making machines at the workplace efficiently.
Leader of fast food outlet need to provision of proper remedies to the injured girls in the firm
appropriately and also need to give relevant insurance policy to her in respect to utilisation of
medical treatment for injured hand properly. The leader have faulted to not making consideration
after getting injuring the girl at the workplace efficiently.
TASK 3
P.4. Suggest appropriate legal solutions for each of the business problems
(1). As per this case, in this case the Employment right Act, 1996 is enforced which
defines about employees rights must be protected by employers at the workplace efficiently.
According to this case, Calvin is a designer working for a large house (Hung and Law, 2011).
He is a loyal employee the company who has been working in the company from the last 4 years
properly. On Monday, his employer Donna has comes into the room and see that, Calving action
suspiciously and after that, she checked pretty cash box and find out that, 100 Euros are missing
in the box. Because of this, Donna has been fired Calvin from the job in the company without
taking any investigation at the workplace. Before firing Calvin from the workplace, she required
to proper investigated and ask the fact from four other employees who are working there. Calvin
has right to take legal action against Donna, because she has made wrongful action against her
employees in the company, as per Employment right Act, 1996. Calving can take legal action
against Donna in order to getting proper remedies from beach of employment contract, she need
to re-employee Calving on the job and also provide appropriate compensatory amount which has
been occurred by Calving after leaving the job effectively. She need to proper investigation of
actual situation then after on the real fact need to make decision for fire from the job efficiently.
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(2) Kevin's father Dan own a small convenience store and several times, it has been
destroyed by fire. As per this case, Dan has been made legally wrongfully action towards the
insurance company policy effectively. Dan has been asked by company executive In proposal
about ' have you made any claim on an insurance policy in the last two years' (Khurana, 2010).
Dan has given answer 'NO', Which is irrelevant information have given by Dan in this case. As
per, misrepresentation act 1967, a misrepresentation of false statements has been occurred in this
situation while entering into a contract. According to these circumstances in the contract, Dan is
a guilty person who has made wrong statement when asking about their previous claim on
company's policies effectively. She has said no but in actual, it was only 23 months. As per
company policy, they can not make claim on company policies from last 2 years of the company
efficiently. Dan need to refused from it wring claim on insurance company and in this case, the
company can sue on Dan for compensation of company's losses in case of making wrong claim
on company be Dan. Hence, Dan need to refuse their claim on insurance company as per
misrepresentation Act effectively.
P.5. Provide justification for your solutions by either referring to a relevant statute or using an
appropriate case
As per employment right Act, 1996, it has been justified that, Calvin is not a guilty
person in this case, Calvin is an employee at the firm and has worked there for 4 years. His
employer Donna arrive at work on Monday morning and find Calving acting suspiciously at the
workplace in more sufficient form, so Donna has checked the pretty cash box and find out that,
there were missing 100 Euros. Despite the fact that, four employees were there at the time,
Donna came into the room and she dismisses Calving without giving any notice about firing
from the job (Moon, Kang and Gond, 2010). This is wrongfully work has been done by Donna
towards Calvin at the workplace effectively. According to employment right Act, 1996, I define
that, in case of giving a job, in contract of employment, employer need to give pre notice before
firing from the job efficiently. Dona has not made proper investigation related to Calvin in case
of making illegal work at the workplace. At that time, there were four employees also working,
Donna need to ask them properly concerning about who has been made this illegal work missing
cash from the petty cash box of the store efficiently, as per this legal provision, it has been
justified that, Donna has made legally wrongfully work at the workplace to firing Calving from
the job, the act defines that, Donna should have to proper investigation related to missing of cash
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from petty box. Donna need to re-employee Calvin to the job and provide sufficient loss of
payment as he has bearded after leaving from the job (Nichols, P. M., 2012).
TASK 4
P.6 (a) The concept and benefits of using Alternative Dispute Resolution process.
Alternative Dispute resolution refers to settling of conflict without any judicial
proceeding either using negotiation, mediation, conciliation, neutral evaluation or arbitration
process. It is a less formal and inexpensive way of solving a dispute which usually takes less
time than a litigation trial. It is majorly used to settle labour disputes, personal injury related
issues and divorce cases. Through ADR proceed both the parties get to resolve their issues in a
mutual way thereby learning each other's point of view (Bachar and Hensler, 2017). The process
of ADR can be carried out through :
Negotiation - Negotiation is a process through which two parties in conflict reaches on a
said outcome through an agreement The process of negotiation involves stages which are helpful
in solving issues and conflicts arising among business personnel of an organization. The success
of negotiation process depends on satisfaction of both parties involved. Before starting
negotiation, various proposals and counter-proposals need to be decided. The negotiation works
best when both parties are willing to communicate and cooperate.
Mediation - It is an extension of the negotiation process which involves setting of
disputes without entering into any litigation. It involves a third party who makes settlement
between the two conflicting parties (Mak, 2017). Mediators could be individuals who bring the
disputing candidates together to a particular place and attempts to resolve issues among them
through agreement or settlement on a particular point to which both parties accept or reject. Thus
mediation is generally interrupted by a third party who tries to resolve conflicts between two
parties through reconciliation, compromise or settlement.
Arbitration - This is another type of dispute settling process other than judicial
proceeding which is costly and time consuming. This a tool for resolving dispute in which the
court authorizes a neutral person or third party to mitigate the issue between two parties. In this
process the person assigned hears both the parties and makes a decision so as to resolve the
matter (Lande, 2018). The arbitrator so assigned makes a decision which is binding on both the
parties irrespective of any prejudices. Arbitration is private proceeding which is carried out by an
arbitrator whose decision cannot be challenged by any party to arbitration.
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Neutral Evaluation - In this type of dispute settling tool both the parties gets an equal
chance to present their case to an evaluator who then gives a detailed evaluation on both the
parties evidences and prepares a plan to resolve the issue (Bachar and Hensler, 2017). The
evaluator's decision is not binding on the parties but he usually have an expertise in dispute
resolving matter and both the parties typically accepts the opinion of the evaluator which would
further be negotiated.
P6 (b) An alternative legal solution for settling the dispute between Antwon and Tyrell.
Antwon and Tyrell are business partners where one sells computer software products to
the other having a large investment firm are being in conflict from last several weeks and wants
to resolve it through mutual consent and without litigation as litigation might hamper their image
in the market (Mak, 2017).
Both the parties needs to seek alternative dispute resolution process thereby taking
consultation from a third party which will listen to both the parties and gives a decision thereby
resolving disputes among-st them so that they can carry their business relationship normally.
Thus, both the parties should seek consultation through arbitration process where the court will
hire a third party that is arbitrator for resolving the issues and giving a decision which is binding
on both the parties.
CONCLUSION
From the above analysis, it has been concluded that, in case of UK, English legal system
in the country in unified manner. There are various sections of the English legal system which
assist the country to resolving each legal provision in the company in relevant form. Moreover,
this assignment also concludes about to some legal obligations as pwer Occupational health and
safety, workers compensation etc. employer need to consider these obligations towards their
employees sufficiently. Beside from it, this investigation also concludes about several types of
alternative dispute resolution process and process recommendation on given business problem
properly.
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REFERENCES
Books and Journals
Bachar, G. J. and Hensler, D. R., 2017. Does Alternative Dispute Resolution Facilitate Prejudice
and Bias: We Still Don't Know. SMUL Rev., 70, p.817.
Bird, R. C., 2011. Law, strategy, and competitive advantage. Conn. L. Rev. 44. p .61.
Chaffey, D. and White, G., 2010. Business information management: improving performance
using information systems. Pearson Education.
Clarke, B., 2013. Military occupation and the rule of law: The legal obligations of occupying
forces in Iraq. In International Trade and Business Law Review (pp. 135-139).
Routledge-Cavendish.
De George, R. T., 2011. Business ethics. Pearson Education India.
Folsom, R. H.,and et.al, 2013. Principles of international business transactions. West
Academic.
Friedman, L. M. and Hayden, G. M., 2017. American law: An introduction. Oxford University
Press.
Hammond, K. J., 2012. Case-based planning: Viewing planning as a memory task. Elsevier.
Hopkins, B. R., 2011. The law of tax-exempt organizations (Vol. 5). John Wiley & Sons.
Hung, K. and Law, R., 2011. An overview of Internet-based surveys in hospitality and tourism
journals. Tourism Management. 32. 4. pp. 717-724.
Khurana, R., 2010. From higher aims to hired hands: The social transformation of American
business schools and the unfulfilled promise of management as a profession. Princeton
University Press.
Lande, J., 2018. For Pragmatic Romanticism in Law and Dispute Resolution: Reflections on
Galanter's Remarkably Realistic Analysis of Why the Have-Nots Come Out Behind.
Mak, I. K. L., 2017. Alternative Dispute Resolution of Shareholder Disputes in Hong Kong:
Institutionalizing Its Effective Use. Cambridge University Press.
Moon, J., Kang, N. and Gond, J. P., 2010. Corporate social responsibility and government. In
The Oxford handbook of business and government.
Nichols, P. M., 2012. The business case for complying with bribery laws. American Business
Law Journal. 49. 2. pp. 325-368.
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