Business Law: Structure, Government Role, and Legal Obligations

This document provides an overview of business law, including the structure of the English legal system, the role of government in law making, and the legal obligations of employers. It discusses topics such as occupational health and safety, workers compensation, harassment, and equal opportunities. The document also suggests appropriate legal solutions for various business problems.

BUSINESS LAW
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Table of Contents
BUSINESS LAW.......................................................................................................................1
INTRODUCTION.....................................................................................................................4
Section 1.....................................................................................................................................4
P1 Explanation about the structure of the English legal system and discussion about the
source of laws that organisation.................................................................................................4
P2 Explanation about the role of government in law making and how statutory and common
law is applied in the Justice court..............................................................................................5
Add statuary law........................................................................................................................6
Common law .............................................................................................................................6
Section 2.....................................................................................................................................6
P3 Brief explanation about the employer’s legal obligation in the relation to ........................6
a) I) Occupational Health and Safety ........................................................................................6
II) Workers compensation ........................................................................................................7
III) Harassment..........................................................................................................................7
IV)Equal opportunities ..............................................................................................................7
b)Explanation about how the relevant employment and contract law will have a potential
impact upon the business...........................................................................................................7
Section 3.....................................................................................................................................8
P4 Suggestion about the appropriate legal solution for each of the above business problems.8
P5 Explanation about business solution by either referring to a relevant statute or using an
appropriate case.........................................................................................................................9
Section 4 P6...............................................................................................................................9
a)Explanation about the concept of using alternative dispute resolution process....................9
b)Recommendation an alternatives legal solution to the business problems...........................10
CONCLUSION........................................................................................................................11
REFERENCES........................................................................................................................12

INTRODUCTION
Business law is very significant aspect in the present time by which any business
enterprise can effectively protect and keep secure its business activities and function.
Business law is a structure that is used to protect the citizens as well as organization
within the country. Below are explained several legal structures and their impact
upon the business organization, contracts and citizens in the country (Smith and
Malloy, 2013). In addition to this,I explained the role of government in law making
and application of statutory and common law. The main objective of this assignment
is to understand the importance of English legal system and business law upon the
business activities as well as citizens in the country.
Section 1
P1 Explanation about the structure of the English legal system
English legal system is very important system through which several courts can establish for
take the decision. With help of this system, fair decision can be done according to the
conflicts of parties. In this structure, Supreme Court is positioned at the top level and their
decisions have to follow by other lower level court. This Supreme Court is also known as the
House of Lords. It is only bounded from its previous decision however this changed when the
Lord Chancellor issued practice statement (Haag and Sund, 2016.). After the supermen court,
court of appeal is positioned in the hierarchical structure and it divided into civil and criminal
divisions. All lower level courts have to follow the decisions of both divisions. While there is
any conflict situation arises between two previous decisions then court must decide which
decision to follow and which to overrule. If the previous decision has been overruled by the
House of Lords then appeal court must have to follow the decision of the superior court. The
divisional courts are located within three division of the high court. Magistrates and country
courts do not bind any other court and are not bound by their own decisions.
There are various source of law which are discussed below-
Primary legislation- This kind of delegated legislation is developed by the deliberate
assembly of the country. The legislation has emerged as the chief source of law. With help of
the legislation, country’s citizens and organisations can securely and safety carries out their
working as well as business activities (Haigh, 2015). Legislature emerged as an organ of the
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government. It began transforming the customary rules of behaviour into definite and enacted
rules of behaviour people.
Equity- Equity refers to the word of fairness and sense of justice. In order to decide the cases,
judges interpreted and apply laws to the specific cases. With help of equity law, anyone can
have right to get equal rights regarding their work. Equity is used to provide relief to the
aggrieved parties and such decision perform the functions of laying down rules for the future.
The most significant source of English Law is the European Union Law. European Law takes
precedent over any laws of each country that is part of European Union. We have different
cases where it happened that corruption takes over the Parliament of a country and changes
want to be made to justice law as an example. The European Union will take actions against
those countries i.e Hungary. The European Parliament striped of the rights of voting of
Hungary in the European Parliament because of a serious deterioration of rule of law in this
country.
P2 Explanation about the role of government in law making and how statutory and common
law is applied in the Justice court
Government plays a very crucial role within the country in order to develop the law
regarding several activities and functions. According to the situation and conflicts arises in
the country, government takes the decision about law development. This law develop for the
purpose to protect the citizens of the country (MacCormick, Summers and Goodhart, 2016).
In the procedure of law making, bill is the first draft which is forward in the parliament. A
bill is the draft of a legislative proposal and it has to pass through various stages before it
becomes an act of parliament. There are major three stages through which bill have to pass in
the house of parliament. These stages are discussed below-
First reading- The legislative procedure starts with the introduction of a bill in either house
of parliament that is the lok Sabah and rajya sabha. A bill can be introduced either by a
minister or by a private member. It is necessary for a member in charge of the bill to ask for
the leave of the house to introduce the bill (Qi, Roth and Wald, 2017). This bill is forward to
the house of parliament for first reading. This bill organised in the house of common. This is
very significant stage in the law making by government and in the absence of this phase it is
impossible to develop the law by government.

Second reading – In the second phase, debates can occurs in order to evaluate the viability
and feasibility of the bill. This debates occurs in the house of lord. The statement can design
according to the debate (Zhu and Zhu, 2016). On the basis of the debates, final decision can
take in the house of lord. Voting procedure can start in the house of lord in order to take final
decision.
Third reading-Once the second reading is accomplish then in the next stage, third reading
start in the house of lord. For accept and reject the bill in the house of lord, voting can
conduct.
Passing a bill- This is one of the most important stage under which bill may start for
finalised. In this stage, bill is announced in the house of lord and according to which
legislation can apply upon the countries citizens as well as organization.
Add statuary law
Statutory law and statute law is oral and customary law published by the executive and
common law of the judiciary. This law may originate with national, state legislature and local
municipalities.
Common law
The legal system under the UK is based on common law and the decision making powers are
in the hands of senior appellate and there decision are to be considered as a law part.
Section 2
P3 Brief explanation about the employer’s legal obligation in the relation to
a) I) Occupational Health and Safety
In the UK government have developed several kinds of the legislation and law in
order to provide protection and security to the employees within the organization.
Occupational health and safety of employees is great responsibility of management
and it have to provide full protection to employees regarding their health and safety
(Reuben, 2014). There are some legislation developed like health and safety act 1997
according to which any employees have right to get remedies and expenditure if any
accidents and hazard with them happened. In a simple word it can be said that while
any accident and uncertain hazard occurs with any employees then they have right to
get remedies and expenditure for their recovery and treatment.
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II) Workers compensation
In the UK government have developed several kinds of the legislation and law for the
employees and workers related to their wages, salary and compensation (Loafman and
Altman, 2014). While any employees do extra work within company then it is their right to
get compensation and incentive for their extra working hours.
III) Harassment
This legislation aids to the employees in overcome harassment kind of act at the workplace
(Fisher, 2017). As per this act employees have right to sue against any personnel’s either they
are manager and other top management authority if they harass to that employees at
workplace.
Harassment at work can be: spreading malicious rumours, criticism unjustified, physical
violence, racisms or homophobic comments and jokes, sexual advances or comments.
IV)Equal opportunities
UK governments have also developed a legislation to provide equal opportunities and right
within the company. As per the equal opportunity legislation, every employee have equal
rights to get facilities, appraisal, salary and other benefits within the company according to
their efficiency and capability. In the country some of the company assumes that male
employees are more capable as compare to the female candidates (Bird, 2013). Due to which
they gives more preference to male candidate at the time of promotion, increment and higher
opportunities. In order to overcome this kind of mentality among the corporate sector,
government have developed the equal opportunity act through which male and female
candidate are consider as equal and they have equal rights to get promotion, increment, salary
, incentive and other facilities according to their designation and efficiency (Feliciano,
2017).If any organization do not follow the equality and equal opportunity legislation under
employment law act then it will government can take action against about particular
organization. If any employees claim and sue against organization in the court then company
have to pay compensation and remedies according to the determined decision of court.

b)Explanation about how the relevant employment and contract law will have a potential
impact upon the business
As per the given case scenario of 16 year old girl who was employed at a fast food outlet to
cook fries at a frying range. She slipped on water leaking from an ice-making machine and
instinctively put out her hand to break her fall. Unfortunately her hand went into the deep fat
fryer containing oil at a temperature of 360°F and she sustained severe burns to her left hand
and forearm. The outlet was short staffed on the day of accident and the Team Leader was
working on the tills instead of monitoring workplace safety. If any organization do not follow
the equality and equal opportunity legislation under employment law act then employee can
sue against the company in the count. If it will prove that company have not followed law
under the health and safety act of employment law then organization have to pay remedies
and compensation to that employees also have to bear some punishment which is determined
by court like cancellation of business license etc.
In this case as per the employment law girl have right to get remedies and expenditure
for her treatment. In this case, occupational health and safety act can apply on her
condition through which she can get the remedies and expenditure from the
management of organization. Occupational health and safety of employees is great
responsibility of management and it have to provide full protection to employees
regarding their health and safety (Scholes, 2015). There are several legislation
developed like health and safety act 1997 according to which any employees have
right to get remedies and expenditure if any accidents and hazard with them
happened. In a simple word it can be said that while any accident and uncertain
hazard occurs with any employees then they have right to get remedies and
expenditure for their recovery and treatment. Thus, it can be said that 16 year old girl
have right to get remedies from the organisation an if company do not give remedies
for her recovery then girl have also right to sue against a fast food owner and team
leader (Smith and Malloy,2013). If she wants the girl needs to claim compensation
from the employer within three years from the date of the accident.If she doesn’t
belong to trade union she will have to use a injury lawyer.
The employer must be insured to cover this type of claim and he should have the certificate
with the insurance company somewhere were it can be seen at the place of work.The
employer is obligated to give the girl all details of the insurance company.
Section 3
P4 Suggestion about the appropriate legal solution for each of the above business problems
As per the Calvin case Donna have dismissed Calvin because of the theft. Calvin is a
designer working for a large fashion house. His employer Donna arrives at work on Monday
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morning and finds Calvin acting suspiciously (Posner, 2014). Donna checks the petty cash
box and discovers that £100 is missing. Donna came into the room she dismisses Calvin
without any notice saying she ‘would not have a thief like Calvin working there any more. In
this case, Calvin have same rights on the basis of employment law.
There are major three types of dismissal which are discussed below-
Unfair dismissal- In this condition, employee is dismissed without fair reasons include poor
performance, misconduct, stealing or illegal drugs prolong absences due to illness etc.
Wrongful dismissal- It is the breach of contract claim. In this case employee have right to
claim while they are dismissed in breach of their employment contract (Kinicki and Kreitner,
2012).
Constructive dismissal- Constructive dismissal occurs while an employee quite because of
gross breach of contract by their employer.
In the case of Calvin, she can claim against the Donna according to the unfair dismissal
because as per the unfair dismissal employee is dismissed without fair reasons include poor
performance, misconduct, stealing or illegal drugs prolong absences due to illness etc. In
such situation, employees have right to claim against the organization (Lieberman And et.al.,
2016).
P5 Explanation about business solution by either referring to a relevant statute or using an
appropriate case
By considering another case under the employment act, this act will applicable on the
other case of James who is computer programmers at Mega Bytes and he was
dismissed without any notice. His owner have claimed that James was incompetent
and useless. In this situation James have right to suit against employer under the
employment act 1946.In this case, James is possibly eligible to a potential claim for
wrongful dismissal. He has right to claim againts his employer.
In the Calvin case, he is provided with solution that Calvin can demand for proper
notice or valid reason for justification from his employers. This is the best option for
legal solution because in this option there is a opportunity to rebuild the relationship
between employees and employer. The other option provided to Calvin is that he can
file law suit against the employer under the unfair dismissal. This activity will assist

Calvin in proofing himself as innocent. Furthermore, with help of this option, Calvin
can get remedies from his employer.
In the case of Dan it has been recommended that Dan should enter into a valid contract. This
is an Effective solution as in Such case Dan will have the option to file law suit against other
party for not fulfilling roles and Responsibilities. In these both case, they can get the legal
solution under the employment law because in this law there is proper solution and remedies
for the employee who work under the organization. If any kind of illegal and unethical
circumstances occurs then employee have complete right under the employment right act
1996 and employment act of 1946.
Section 4 P6
a)Explanation about the concept of using alternative dispute resolution process
Alternative disputes resolution process is one of the best methods for find out the best
alternative legal solution of conflicts and disputes among the parties. It is one of the
significant method under which both party have no need to go to the court and they can
easily get legal solution in effective manner. In this process of the Alternative disputes
resolution parties hires the arbitrator who is responsible to give the legal solution of both
party (Crane and Matten, 2016). Arbitrator is a person who hires by both parties for take the
fair judgment according to situation. Arbitrator hears both parties concern and issue and take
the decision according to situation. This is the best method to get fair decision and escape
from long procedure of court. In this method there is not need to go to the court of parties and
they can easily arrive at final decision of conflicts. If parties are not satisfied with the
decision which obtained by the arbitrator then they can go head to court or supreme court
(Disch, 2016). The major advantage of this arbitration procedure is that it assists to the
parties in saving their time as well as image. In the court, parties have to wait for long time in
order to take final decision. But in the arbitration procedure, parties can get the instant
solution from the arbitrator. If parties are not satisfied then they can go to the court for fair
judgment.
b)Recommendation an alternatives legal solution to the business problems
As per the above discussion it has been analyzed that Alternative disputes resolution
process is one of the best methods for find out the best alternative legal solution of
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conflicts and disputes among the parties. It is one of the significant method under
which both party have no need to go to the court and they can easily get legal solution
in effective manner. In this process of the Alternative disputes resolution parties hires
the arbitrator who is responsible to give the legal solution of both party. While any
conflictive situation arise within the business then company can hire the arbitrator for
get fast and quick decision. With assistance of the Alternative disputes resolution
parties can protect its prestige which may spoil to go to court (Cheeseman and
Garvey, 2014). They can save their time as well as their goodwill from the long
procedure of the court. Antwon, who owns a large investment firm, is having a
dispute with Tyrell, the owner of the company that makes the computer software
Antwon’s employees use to make their market predictions. The dispute has gone on
for several weeks but the parties have been unable to come to a satisfactory solution.
Antwon and Tyrell have to maintain effective business relation but due to dispute
they are not able to continue their job. In this case they should hire arbitrator who can
easily resolve the issue of business and provide best alternative solution. Another
method for find out the legal solution is mutual agreement by understanding. Under
this procedure, both parties have to take mutual decision under which they have to
acquire knowledge about the law from the secondary information. This secondary
information can acquire from the books, journal, online articles etc (Coffee Jr, Sale
and Henderson, 2015). With help of secondary information they can easily find out
the best decision in mutual manner. In this method they do not need to go to court and
do not need to pay fees of lawyer. Both of them can easily find out the alternative best
legal solution by mutual agreement and understanding.
CONCLUSION
From this entire report of the business it has been concluded that Government plays a very
crucial role within the country in order to develop the law regarding several activities and
functions. According to the situation and conflicts arises in the country, government takes the
decision about law development. Business law is a structure that is used to protect the
citizens as well as organisation within the country. English legal system is very important
system through which several courts can establish for take the decision. From this report it
has been also concluded that Occupational health and safety of employees is great

responsibility of management and it have to provide full protection to employees regarding
their health and safety.
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REFERENCES
Books and journals
Cheeseman, H. R. and Garvey, J. R., 2014. Business law. Pearson.
Coffee Jr, J. C., Sale, H. and Henderson, M. T., 2015. Securities regulation: Cases and
materials.
Crane, A. and Matten, D., 2016. Business ethics: Managing corporate citizenship and
sustainability in the age of globalization. Oxford University Press.
Disch, L., 2016. Representation. In The Oxford Handbook of Feminist Theory.
Folsom, R. H. And et.al., 2012. International business transactions: a problem-oriented
coursebook. ThomsonReuters.
Kinicki, A. and Kreitner, R., 2012. Organizational behavior: Key concepts, skills & best
practices. McGraw-Hill Irwin.
Lieberman, J. And et.al., 2016. Business law and the legal environment.
Posner, R. A., 2014. Economic analysis of law. Wolters Kluwer Law & Business.
Scholes, M. S., 2015. Taxes and business strategy. Prentice Hall.
Smith, J. and Malloy, R. ., 2013. Real Estate Transactions: Problems, Cases, and Materials.
Wolters Kluwer Law & Business.
Bird, R. C., 2013. A Great Debt of Gratitude: An Interview with John Donnell. American
Business Law Journal. 50(1). pp.195-200.
Feliciano Jr, S., 2017. Alternative Dispute Resolution. The Catholic Lawyer. 33(1). p.10.
Fisher, T., 2017. Law and Economics of Alternative Dispute Resolution. The Oxford
Handbook of Law and Economics: Volume 3: Public Law and Legal Institutions p.280.
Loafman, L. and Altman, B. W., 2014. Going online: Building your business law course
using the Quality Matters Rubric. Journal of Legal Studies Education. 31(1). pp.21-54.
Reuben, R.C., 2014. Constitutional gravity: a unitary theory of alternative dispute resolution
and public civil justice. Ucla L. Rev.. 47.p.949.
Smith, J. and Malloy, R. ., 2013. Real Estate Transactions: Problems, Cases, and Materials.
Wolters Kluwer Law & Business.
Haag, K. and Sund, L. G., 2016. Divorce in the family business: unfolding the legal problems
by learning from practice. Journal of Family Business Management.6(1). pp.81-96.
Haigh, R., 2015. Legal English. Routledge.

MacCormick, D. N., Summers, R. S. and Goodhart, A. L. eds., 2016. Interpreting
precedents: a comparative study. Routledge.
Qi, Y., Roth, L. and Wald, J., 2017. Creditor protection laws, debt financing, and corporate
investment over the business cycle. Journal of International Business Studies.48(4). pp.477-
497.
Zhu, Z. G. and Zhu, W. Z., 2016. A Historic View of the US Business Ethical Laws and
Implications for Developing Countries like China. Review of European Studies.8(3). p.49.
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