Analysis of Employment Law Cases and Materials

This assignment involves an in-depth analysis of employment law cases, including a critical examination of the concept of 'mutual trust and confidence' as negated by Commonwealth Bank of Australia v Barker. The study also explores alternative dispute resolution methods, employer liabilities for harassment, and the evolution of European Union legislation on emergency research. Additionally, it examines the impact of national legislation on climate change and discusses the role of regulatory impact statements in shaping policy decisions.

BUSINESS LAW

Table of Contents
INTRODUCTION..........................................................................................................................1
SECTION 1 .....................................................................................................................................1
P1 Difference sources and Structure of English legal system ...............................................1
P2 Role of government in making of law...............................................................................3
SECTION 2......................................................................................................................................4
P3 (a) Legal obligation of employer and impact of law on organisation...............................4
Health and Safety at Work Act 1974.................................................................................5
(B) Impact of employment and contract law on business......................................................7
TASK 4............................................................................................................................................8
P4 Legal solutions for described cases...................................................................................8
Case 1: ...................................................................................................................................8
P5 justification of solutions....................................................................................................9
P6 (a) concept and benefits of alternative Dispute resolution process.................................11
P6 (b) Recommendation for the alternative legal solution of the problem..........................11
CONCLUSION..............................................................................................................................12
REFERENCES..............................................................................................................................13

INTRODUCTION
Business law consist different kinds of rules and regulations that need to be initiating and
operating several activities. This is because, main aim of every business is to create smooth
functions and outcomes in systematic way (Herbst, 2017). With this regard, enterprise deals with
buying and selling of goods and services in the systematic manner. Employer and employees
both are taking important part to manage business functions and operations. Therefore, high level
of protection determines against the undesirable practices, laws and regulations. With this regard,
present study based on the different situations in which regulations are applied to concentrate on
the proper functioning. Furthermore, it also depicts alternative dispute resolution to find suitable
solution towards the issues and problems.
SECTION 1
P1 Difference sources and Structure of English legal system
English laws and regulations are the commonly imposed laws which are being developed
by combining various civil and criminal laws altogether. It is very different form the formal
systematization (Campbell and Boothby, 2016). According to these laws a specialised judge sits
within a court and analyse various cases for providing fare and effective decisions. English laws
are implemented and are spread within various nations such as Canada, Australia and USA.
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Illustration 1: Structure of English legal system
(Source: Structure of English legal system, 2016)
English legal system is known to have hierarchical structure, the Supreme Court is the
main decision making body who have a main power to take various decision regarding different
cases. The other courts under Supreme Court need to follow those decisions. The Supreme Court
is also called as House of Lords (Crane and Matten, 2016). During the year 1966 all the courts
are bound to follow the decision made by the higher authorities within a particular juridical
system. Although, there are many changes made in the legal system after the introduction of
Lord Chancellor’s 1 WLR 1234 practice statement. According, the virtue of ss. 2 and 3 of
various European community act 1972 the supreme court is the most compelling body known as
having the highest authority and the almighty English court. The other courts in the nation or
country strictly bounded to follow the decisions made by the Supreme Court. The Supreme Court
handles critical cases which require specific authority and power. This court also solves the cases
which are being forwarded by the other small courts (Kitagawa, 2016). The Supreme Court is the
last legal body for resolving a particular case, decision made by the Supreme Court cannot be
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denied by any of the citizen or legal bodies within the nation. The English legal system is
segmented into two areas which are civil and criminals. Court of appeal, Magistrates court and
Crown court comes under the criminal area or section whereas High court of justice and country
tribunal comes under the civil area or section (Kotiswaran, 2014).
There are various sources of laws which are as described below -
 Statutory law – It is a very essential element of law that is organized by the parliament of
UK. This consists of contract, health and safety, insurance related laws. It has become the
most common source of laws reform since the 17th century.
 European Union law – It is a kind of law which is developed with the origin of European
law. It managed all the operations or activities related to a company or business such as
employment law, contract law etc. Company law is an important element of European
Union law which deals with various regulation that helps organisation to run the business
and its operations successfully and smoothly (Kumie, 2016). Common law – The common law is another body of regulation established by the English
tribunal’s judgements. It is affiliated with the usage of American people and customs.
Roles of different people in the UK legal system Role of Barristers: They the work of a barrister is to present cases in the courts. They
have to be skilled in speaking and thinking. Role of Solicitors: The solicitors do most of the magistrate's work and also they work in
courts and country courts. They are involved in commercial works like business.
 Role of Judges: The serious cases of crimes are heard by judges in UK legal system.
They also make laws and trials.
P2 Role of government in making of law
Making of law is one of the significant aspect of the government and parliament. There
are several participants that are included when the different laws and legislation are being created
(Labatt and Forrest, 2016). There are various stages in making of laws by UK government. The
House of Commons and house of parliament play important roles in law making. Parliament in
which has the highest legislative authorities. It examines the work of government. Also, it
debates as well as approves new laws that are proposed by UK government. The House of Lords
life peers, hereditary peers and also senior bishop. It has 12 senior judges and now they all sit in
Supreme Court. It is being known that government plays very important role in creating the
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process of same. It is being known that there are several unfair trade and other practices that are
conducted by the different people, in order to reduce the same, government make change in their
laws and policy regularly. It helps the different businessman to conduct their business activities
and operations in smoothly.
In the country like UK all the laws and regulation made by the government includes
several aspects such as decision making process, debts etc. They follow proper process of
making the law such as they first find the different ideas, test them, find out the different cause
and consequences that are linked with it and then make the effective decision. Further,
discussion is being made between the parties who are involved in the decision making regarding
the decision and at the end law id being created on the basis of process of making of law (Light,
2016). If the government of UK is planning to create a new bill, then the authorities first arrange
the debate and further all the relevant documents are being given to the business and legislative
committee. If it is being accepted by the primary parties then it is being delivered to the
government. They read the article and further the debate is being arrange and depth discussion is
made. In the parliamentary office, all the advantages and disadvantages is communicated to the
authorities. This whole process shows that government plays very significant role making the
different laws and bill and they need to go through with whole process and make the appropriate
decision. If the government do not give final approval, then no law can be passed and no
amendment in the existing legislation can be done (Pryor, 2016).
SECTION 2
P3 (a) Legal obligation of employer and impact of law on organisation
Employer's legal obligation
Occupational health and safety
It is the law which is related to the health and safety of the people in the UK. There are
several responsibilities that need to be fulfilled by the employer and the most important of them
is to maintain the environment in such a way that all the employees fell safe and secure while
working. Employer need to make such arrangement that he or she can protect all the employees
from any danger and injury (Campbell and Boothby, 2016). As per the criminal section, it is
being stated that if the employee have been injured while working in the business premises, the
employer is liable to pay all the administrative fines.
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As per the guild line of article 4, it has been stated that the business owner need to make
all the arrangement in such a way that all the employees fell safe and secure while working for
the venture. Other than that they need to make the different arrangements that healthy
environment can be created and maintained in the workplace (Crane and Matten, 2016). This will
help the employee to conduct their all the roles and responsibilities in effective and efficient
manner and does not face ant hurdles and obligations. There are different obligations of the
employer that are as follows:
 Employer should ensure that he or she should keep the workplace environment secure
and risk can be reduced at the minimum level. With that proper arrangements should be
made regarding the risk preventive measures (Kitagawa, 2016).
 Other than that it is the responsibilities of the employer to supervise all the arrangement
on the regular basis which are related to the health and safety of the employees so that
effective precautions can be taken (Kotiswaran, 2014). Other than that employer needs to take proper assistance from the different prevention
agencies so that they can take the proper prevention in order to minimise the risk at the
maximum level.
Health and Safety at Work Act 1974
Often referred to as HASAW or HSW, this Act of Parliament is the main piece of UK health and
safety legislation. It places duty on all employers "to ensure, so far as it is reasonably practicable,
the health, safety and welfare at work" of all their employees.
Among other provisions, the Act also requires:
 Safe operation and maintenance of the working environment, plant and systems.
 Maintenance of safe access and egress to the workplace.
 Safe use, handling and storage of dangerous substances.
 Adequate training of staff to ensure health and safety
 Adequate welfare provisions for staff at work.
Equal pay for equal work [1] is the concept of labour rights that individuals in the same
workplace be given equal pay. It is most commonly used in the context of, sexual discrimination
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in relation to the. Gender pay gap Equal pay relates to the full range of payments and benefits,
including basic pay, non-salary payments, bonuses and allowances. Some countries have moved
faster than others in addressing the problem. Since President John F. Kennedy signed the Equal
pay act of 1963.
Workers compensation
This law states that employees should be given proper insurance facilities by the
organisation. It is being considered under the statutory position of the workman compensation. It
is liability of the employer to cover all the different liabilities of the staff members. It helps the
employees to boost their energy so that they can work in effective and efficient manner in the
secure and safe manner (Kumie, 2016). There are different that can be taken place in the venture
that are accident by the machine, death, disease etc. in order to prevent from these activities, firm
or employer should take the corrective prevention so that it can be avoided. Other than that
employer should give medical benefits to employees so that risk can be covered.
Harassment
Harassment is an illegal activity within the venture and if it is being conducted in the
workplace environment then organisation and employer is liable for all the consequences.
Harassment act clearly explains that such type of annoyance is prohibited in the corporations.
There are different harassment policy made by the organisation which are under the statutory
obligation, the policies are as follows:
 It is the obligation of the employer to serve the proper knowledge about the harassment
policy and the different rules and regulation made under it. Management need to create
and communicate the handbook, documents and manuals to the employee's regarding the
harassment policy (Labatt and Forrest, 2016)
 Employer need to arrange training and development programs under which workers
should be taught that how to deal with the harassment.
Equal opportunities
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Under the Equity act 2010, it is being stated that all the employee have the right to gain
equal opportunities and there should be no discrimination taken place on different factors such as
age, race, religion etc. duties of the employer, under the law are as follows:
 Employer should recruit the candidate on the basis of their skills and experience not on
the basis of relationship and discrimination (Light, 2016).
 Pay scale should be made on the basis of employee’s performance as well as their skills
and experience should also be considered.
 Employer should monitor all the employees on equal basis, no personal conflict should be
bring on the workplace premises.
(B) Impact of employment and contract law on business
The above discussed case comes under the industrial disputes act, 1947. This act gives
rights to both the employee and the employer to settle their dispute in a peaceful way after
investigate the whole case scenario (Cheeseman and Garvey, 2014). This act also gives the
clarification about responsibilities of the owner as well as employee. This law enables employees
of the organisation to claim for the wages, security measures, compensation, insurance, benefits
of maternity, protection of the minimum wages etc. this provides the job security from an unfair
dis mission to the workers of that firm. This case also comes under the Health and Welfare act
2005. According to this act, the main responsibilities of the employer are co-operation with the
employees, they have to give the proper guidance, instructions, and the training under their
supervision, to give safety measures to workers, provide the plans or the procedures in case of
any injury or other serious danger such as, give the first aid, fire-fighting, etc (Miller, 2015).
Responsibilities of the employees in the organisations under this act are, co-operate with the
employer when necessary, should not engage in any improper kind of behaviour.
According to this case, that girl was only 16 years old(Sprague, 2016). So, according to
the “department of labour’s employment standards administration's wage and hour division
(WHD), the workers under the age of 18 are prohibited to be work in dangerous occupations. In
this case, it was the mistake of employer of that food outlet to recruit an under aged girl. Further,
the owner had to give the instructions to work in that condition. Also, it was a fault of team
leader too, to not monitoring safety at workplace, instead the TL was doing other employee's
work that's why the incident happened where the girl had burnt. She could be saved if the team
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leader monitored the place. The girl should also have undergone the training process to work in
such environment (Davidson, Forsythe and Knowles, 2015).
As the accident already happened, this can be said that the owner should have been the
appropriate number of staff members so that everyone can do their own work and the workload
can be distributed properly. Now, the left hand of the girl has been burnt in a deep fryer, she can
claim for compensation, according to the 2005 act. Because, in this scenario the owner is in a
major fault for having a shortage of the staff. Both of them can also solve the issue peacefully
and voluntarily if the girl wants to do so (Clarkson, Miller and Cross, 2014).
Now this incident can greatly impact of the business of outlet's owner. The girl can make
it a big issue, can claim for the appropriate compensation for the injury, or can claim the
insurance for the accident happened at the workplace (Cameron, 2015). By this, other
employees can get badly affected or they can leave this business establishment. This can lead to
heavy losses to the business and businessman as well. Owner can also put the point that the girl
should have been careful at the workplace so that she could be saved by the accident. But
according to the law and act of health and welfare, the case in majorly in the favour of the girl so
she can proceed further in order to claim any compensation and insurance. Additionally, after
such incidents, job seekers for such posts as of the girl, will not have been suggested to do this
kind of jobs without any training regarding to the serious risks and incidents (Robson, 2015).
Market image of outlet will also be highly damaged to not provide proper security equipment to
its employees.
TASK 4
P4 Legal solutions for described cases
Case 1:
Calvin is working in the fashion house. He is working since four years in the association.
Manager discovers suspicious to Calvin and had checked the money box. In the money box,
£100 was missing. Without examining the case Owner called Calvin and terminated him. Indeed,
even he has not given any notice to the individual before ending him from the activity. It was
totally wrong state of mind of the proprietor of the organisation. Calvin had been appropriate to
raise his voice to his unjustifiable rejection from the work. According to the work law, Owner
needs to offer opportunity to demonstrate himself. Besides from this one month notice period is
important to give by manager to its representatives. It is considered as breach of law
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Unfair dismissal: - It is a statutory act and not comes under government laws and acts. It also
doesn't come under employee and employer's contract. It totally depends upon a reason for which
the employee has been dismissed.
Wrongful dismissal: - It comes under the contract breaching. The case comes under this type of
dismissal can take into country court or high court.
The case of Calvin comes under the second type of dismissal that is wrongful dismissal as there
was no evidence or proof that the money was stolen by Calvin itself. Further the owner didn't
give him a prior notice for which he had been terminated which comes in breach of law. Thus,
Calvin can claim for compensation for this unlawful termination and to get his dignity.
Case 2:
There are three type of misinterpretations that are:
Fraudulent: it means false statements by which it means that the party is aware of making a
mistake and it does not know the possibility of it can be false.
Negligent or Reckless: this kind of mistake made carelessly and it falls into the category of
Breach of law.
Forgetfulness or innocent misinterpretation: this type of misinterpretation comes neither under
fraudulent nor reckless.
In this case, Dan cannot claim for insurance for his forgetfulness interpretation.
Kevin's father Mr. Dan was the owner of convenience store. A fire has destroyed the shop badly.
Owner has opened new shop at new location and has claimed for fire insurance. Due to lack of
knowledge and miscommunication Mr. Dan has filled wrong information in the policy form.
That is why insurer has refused to pay the claim (Employer’s liabilities for Harassment. 2012).
Contract act 1950 section 26 applies in this respect. It is essential for the claimant that to tell
correct information to the person. If there is any hidden information found at the time of
investigation them claimant will not be able to get the compensation.
P5 justification of solutions
This act comes under The Industrial Disputes act, 1947. The act of termination of the
employee Calvin without notice is called unfair dismissal. This kind of act is not legal. Calvin
can claim compensation against owner of the fast food outlet (Milligan and et.al., 2017). For
working a long period in any company like Calvin, makes a positive image of employee. Since
he has been working in the firm for about 4 years, he might be very loyal and trustworthy to the
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outlet that is why he could manage survive in organisation for such a long time. This makes his
point more strong (Lareau and et.al., 2016). When owner came near cash box, there were also
another four employees out there but she put all the blame to Calvin without asking each one of
the four employees what they were doing at the cash counter. Maybe she misplaced 100 dollars
somewhere else and forgot. So the missing of 100 dollars was a misunderstanding of Calvin's
loyalty. That's why owner of the company terminated Calvin without indulge in a proper
investigation about what he was doing near the cash counter. He would have been asked Calvin
directly about whole thing happened at that time, but he didn't. He terminated him immediately
without a prior notice or further investigation about the crime, which was against the law. So,
Calvin can claim compensation for great insult in spite of being loyal employee and blamed for a
crime of stealing 100 dollars from the firm and owner should pay the compensation for the
unlawful act of termination (Blanpain and Bisom-Rapp, 2014).
As the case of Dan it is said that anyone can claim insurance for loss or damage of their
property in fire or any natural disaster (Harel, Procaccia and Ritov, 2015
Painter and Holmes, 2015). This insurance covers the repairing cost or the replacement cost of
the property. Owner of the property should document its contents of property systematically so
that it can be easy to determine the exact value of damaged property. This policy also includes
coverage for smoke or water damage (Nielsen, 2014). It gives cover for one year, after the
completion of a year, one needs to renew insurance policy. If a property has been fully damaged
or lost, insurance policy will give the market value of lost property in fire. Additionally, this
insurance gives cover for most of the property and also for nearby properties which have been
damaged due to fire. It compensates for almost everything. For claiming this insurance, both the
insurance company and owner of lost property should disclose all information regarding property
which has been lost (Painter and Holmes, 2015) . Both of the parties cannot hide about any
information of damaged property. In the form, Dan was asked if any insurance had claimed two
years ago or not, so Dan misunderstood the question and filled wrong information because it was
still one month left to the completion of his previous insurance claim. He also forgot the time
when he claimed the first one. So, the insurance company has full rights to fulfil claim. In
addition, insurance company should provide complete information regarding insurance claims
such as when they should claim, and also time interval between two claims. They should
informed this way before, when Mr. Dan got the insurance cover on his property. However, Dan
10

should also read all terms and conditions before taking insurance cover on his store. Or, it is
essential for both of the parties to disclose completely regarding insurance plan, time etc. so all
laws in respect of insurance cover cannot be breached (Nielsen, 2014).
P6 (a) concept and benefits of alternative Dispute resolution process
In the present case, it is essential to understand the process for reducing conflict among
the two and more than two parties. In this case, large investment needed to solve conflict of the
enterprise. With this regard, computer software and the market prediction used to undertake
systematic work performances. Among the parties disputes take place because unsatisfactory
solutions that are obtained to create leading with mutual understanding maintain work
performances (Wadham, Robinson and Ruebain, 2015). Issues are also resolved through
maintains work performances in the business. With this regard, following steps will be taken at
workplace as the alternative resolution:
 Mediation: Mainly, there are several causes need to be identify due to which disputes
occurs. In this context, communication requires among both parties such as Antown and
Tyrell. In this case, parties also agree on advice as per the mutual understanding and
benefits. Therefore, it is the best way to obtained solution and maintains good
relationship as well (Hart, 2015).
 Arbitration: In this aspect, resolution of the disputes also created in the court. With the
help of the third party, it is helpful to make proper solution that is related with
commercial and international transaction. Hence, presence of mediator helps to Antown
and Tyroll for mutual understanding.
Benefits of ADR:
 It is simple and convenient technique to resolve the issue.
 It remains confidential on the consideration of third party.
 Less cost incurred for the solution which creates understanding and mutual relationship.
P6 (b) Recommendation for the alternative legal solution of the problem
ADR determines alternative solution to resolve the issues and problems that are take
place among the Antown and Tyrell. With the help of mutual understanding, case will be resolve
which described tools for maintain work performance. In this regard, software making
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consideration helps to determine systematic results. It is the easy and less complex solution that
creates peace and understanding towards the work performance (Wadham, Robinson and
Ruebain, 2015). Hence, solution will be maintain for the both parties that preserve work life
balance. Different activities have been promoted to create systematic structure.
CONCLUSION
After studying all the above cases, it is concluded that practice of breaching the laws
should not be occurred for silly and small mistakes at least and law and order must be followed
for pleasant working environment. But if one do that in any organisation or company, there are
various laws and acts for employees and employers, that should also be taken care of and act
accordingly. Also, the government and non- government organisations should run programs to
increase the awareness regarding employees and employer's laws and do their action mentioned
in various acts. So that the relationship between employees and employer of the firm can be
maintained properly which will contribute to growth for that organisation and also it will make
working environment peaceful and filled with harmony as no one wants to work in unhappy and
peaceful environment. By doing this the employee and employer cannot be guided wrongly.
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