Employee Termination: Contract Terms & ADR Arbitration

This assignment explores the legal aspects of employee termination, focusing on wrongful dismissal, contract terms, and dispute resolution through Alternative Dispute Resolution (ADR). Students are required to discuss key provisions in employment contracts that could lead to disputes, evaluate the importance of adhering to these terms for both parties, and examine how ADR processes promote settlement. The task involves a critical analysis of relevant legal concepts and cases, with references from authoritative sources such as Kotz's 'European Contract Law' and Posner's 'Economic Analysis of Law'.

BUSINESS LAWS

Table of Contents
INTRODUCTION...........................................................................................................................1
TASK-1............................................................................................................................................1
P1 Sources of law and how the organisation complied those laws.............................................1
P2 Role of government under law making..................................................................................2
M1 Effectiveness of legal system...............................................................................................3
TASK-2............................................................................................................................................3
P3 Advices under different scenarios..........................................................................................3
M2 Analyse the potential impacts...............................................................................................6
TASK-3...........................................................................................................................................6
P4 Legal solutions.......................................................................................................................6
P5 Justifications on basis of appropriate solution.......................................................................7
M3 Positive and negative impacts ..............................................................................................7
TASK-4............................................................................................................................................8
P6 Legal Rights of AFG oil company.........................................................................................8
M4 Compare and contrast the effectiveness company................................................................8
CONCLUSION................................................................................................................................8
REFERENCES................................................................................................................................9

INTRODUCTION
The business law plays down a vital role under any organisation. It is important
for the business to follow down the business laws and related policies which mostly suited to
their organisation so that any risk will not be involved and work to be conduct in appropriate
manner. It is very important for the business to take care all the laws and take down all the
possible advices from an advocate and attorney who guides down the business related to the laws
that is applicable so that business can conduct their operations in more smooth manner(Kötz,
2017). The present report is based on Stuart and Little LLP which is a most reputed law firm and
conduct their operations in London. This report also describes that why there is a vital
importance of business law and what are the different sources of law that the organisation need
to comply while conducting their operations and also describe the importance of government
under law forming and so on.
TASK-1
P1 Sources of law and how the organisation complied those laws
There are various sources of law and it is very vital for the business to complied
those laws while performing their functions so that any risk is not involved and work can be
conduct in meaningful form. The different sources of law that the organisation complied it is as
follows:
 Legislation or statutory laws:It is a law and structure which is set by the legislation
under UK. The law that comes from the legislature are nothing, it is just the
parliamentary acts. The parliament is essentially been responsible to bring out the
changes and amendments time to time under law and it is important for the individual,
business and society to follow those laws for conducting their successful range of
operations. It contains article and sections (Zander, 2015). The UK parliament has a right
to create down a new law or to bring down the changes under an existing law. Firstly the
bill is passed and then after passing of bill, the law is formed. The bill which going to be
passed firstly discussion is been made on that on both the houses and after discussion the
amendment is been added which is been approved by both the houses and the bill going
to become an act only after the royal assent from parliament. In this the legislature
assigned the authority to the local bodies and authorities. For interpretation related to
statues, treaties and customary law, the power is been assigned to the local courts.
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 Common law:In UK the legal system is essentially based upon the common law and it
includes the senior appellate who having the ability and power to make down decision
under that and whatever the decision is made by them are contemplated as a law part.
 European union law: It is a system that contains the rules and regulations and such law
is operated within the member states of the European Union and it generally means the
priority is assigned to the European law firstly while compared to UK law. Convention on Human Rights:It is considered to be an international law which is
essentially formed to protect down the individuals and also talks about their freedom and
said that it is a fundamental rights of them and this right cannot be restrained by anyone
from them.
Sources of law
There are several sources that organization much comply with. If they do not follow them
then they may face huge trouble. Statutory laws: It is one of the most important part of law which is regulated by UK
parliament. It includes law related with insurance, contract, health and safety etc. Since
seventeenth century it has become the common source of law reform (Sources of UK
Law. 2017).
 Jurisprudence: It is another source of law that has contributed tin the development of
law. It is related with the legal customs, divine right, human rights, civil rights etc.
P2 Role of government under law making
The law forming is not a simple procedure but it includes number of procedures
and each authority under this is having its own responsibilities regard to it and all of them
conduct accordingly to made down the process successful. The process followed during passing
of bill are as follows:
 Bill:In the first process the bill is drafted by the civil advocates and after that the
government instructed that bill which prepared by civil lawyers. It involves mainly three
types of bills and they are Public, private and private members bill. The law making
process in UK is starts with the bill. The public bill is made an impact on the public,
society so it is the responsibility of cabinet to form such bills(Friedman and Hayden,
2017). The private bills affect is made on individuals so it is the duty of local authority
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towards preparation such bill and the private members bills is the responsibility of MP
and few bills which essentially passed under them becomes an act or law.
 Firstly reading:In this stage the law making process and its related formation is read
under the House of Commons and in this step only reading process is done.
 Reading secondly:It is essentially the stage under which the debate regarding such bill is
started and the certain discussion is made upon such bills and the bill is also tested
according to their feasibility and the changes and amendments takes place is based upon
the conclusion. Further than, the voting is conducted in regard to such bill and voting
decide that whether it will be passed or not.
 At Committee stage:In this step the bill is sent to the house of commons for detailed
study which is conducted by its members and check their assessment and fulfilment
criteria.
 Third reading:In this the bill is made to the house of commons and regarding that the
short discussion is conducted on bill and after that voting is made by its members on that
and that clears everything regarding that bills, whether it should have been accepted or
not.
 House of Lords:After completing all such stages which mentioned above, finally the bill
is sent to the hose of lords and they review such bill and again they return such bill to the
House of Commons.
 Royal Ascent:It is the last process where the approval is needed on such bill which is
made by parliament and after the decision is passed on such bill, the bill becomes an Act
or a Law.
M1 Effectiveness of legal system
There is a great effectiveness of legal system under laws because the main
purpose of law is to give justice to each and every individuals and their punishment is also
decided as per the law and it should not be confusing, the object behind it would be cleared and
the possible outcomes can be come out from that and it should not be biased, the efficient and
effectiveness according to the legal system and also resolve down dispute in appropriate time
manner and if all these objectives will be met out then only the legal system will be effective and
then only outcomes will be come out in productive way(Rescorla, 2015).
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TASK-2
P3 Advices under different scenarios
1.Collin and David case based upon company law
In business there is always been restriction regarding the same name specially the
companies are involving under same operations or same business. The new company can not get
the same name and they are not having authority to use down the same name which already used
by such company which remain in existence. It is the responsibility of the government to take
down care while providing down name to the organisation(von Benda-Beckmann and von
Benda-Beckmann,2017). In UK, The government decide the name and provide the name to the
company on such basis which the individuals can easily recognise and also understand about the
company and their operations and any miss happening will not arise during at the time of dealing
or to create down a relationship with them and their working is also been cleared while reading
out their name. The certain rules and regulations are to be taken in that regard are as follows:
In this the two friends i.e., Collin and David are planning to start their food catering business ad
want to set up their company and they are unsure about the name and in such case the UK
government decide the name of their company's and essentially check their each and every step
and afterwards the certificate of registration is been issued to them on the basis of following
criteria and they are as follows:
 The government checked that the details provided by the company regarding their
certificate related to their name is true or fairly or any fraudulent information is not there
and if it so then government will not consider that details.
 The information provided by the company must not be misleading.
 It is essential for the company to tell about their business which they are going to conduct
and also there range of operations and also tells about their liability and after provided
such things only, the government decide down company name and provide them
registration certificate for conducting down operations(Gilson and Gordon, 2013). Once
the name is provided by government to company the company is registered with their
name and on that basis they conduct their operations and it is essential for them to use
down such name which provided by government to him and also using the words as
suffix such as private limited or limited for which they registered.
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 The government should take care while providing name to the company so it is easily
identifiable to anyone and avoid the chances of confusion and also does not give down an
adverse impact on the goodwill of existing company.
 The company is free to use the same name only if their business activities are not similar
as compared to existing companies because the two company with the same names can
not carry down the same range of operations.
 It is essential for the company to implement down all such rules which provided by
government to them in their business operations ad in case of non following such rules
the company is liable for penalty.
 Employer has to ensure that workplace environment keeps secure so that risk can be
minimized to great extent (Crane and Matten, 2016). Individual has to make arrangement
of risk prevention measures. Owner of the company has to give training to its staff
members about safety equipments, tools of precautions so that major injuries can be
avoided significantly.
 It is the obligation of employer to supervise all arrangements and regular operations so
that health and safety precautions can be complied in appropriate manner (Ward, 2016.).
Individual has to ensure that all people follow these rules and regulation so that no big
risk exist on the floor.
2.Rights carried by Sophia regarding employment under firm
It is very vital for the organisation and employer to considered out all the rules
and regulations before dismiss its employees which he already been contracted with them during
at the time of his appointment. The company can dismiss such employee on the basis of
employment contract only and they are as follows:
 It is vital for the employees to follow down all such rules which made by the organisation
during their working and follow all the laws related to their entry and exit and in case of
any violation, carry any fraudulent activity then employer are free to dismissed such
employees as according to the contract and conditions which they mentioned under the
employment contract.
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 It is essential for the employee to perform down work which assigned by employer to
him with great responsibilities and in case of disallowed such job then employer are free
to dismissed such employee from the job(Allen and Kraakman, 2016).
 In employees is not following down the rules such as attendance rules, late coming rules,
entry and exit rules, continuously absent himself from working then in such situation the
employer can terminate such employees as per contract act.
 The employer can terminate their employee on the basis of employment contract and
terms and conditions only and in case of unnecessary dismissal from the job, then
employee is free to take down action regard to such aspect.
 The employees can take action on the basis of certain condition and they are as follows:
 Unfair dismissal:The employee can take actions against that employer if he terminated
him from job on unfair basis.
 Constructive dismissal:If employer threatens his employee regarding to give down
resignation or giving them resignation notice without informing him then in such case
employee are free to take down actions against them under the employment court.
 Wrongfully dismissal:If employer dismiss their employee without giving notice or
dismiss them wrongfully then in such case employee can take actions against them in
court of law.
In this case the employer dismissed Sophia due to misconduct done while working under
the office and served them a notice to her on the basis of continuous absence from the workplace.
On that behalf she also issued fake medical certificate and handed it to their employer regarding
her illness. When employer received such information he dismissed Sophia from the Job and the
dismissal is made and based upon the rules and regulation which mentioned under employment
contract and in such Sophia is not liable to take down any action against her employer.
3.Legal advice regarding Mrs khan Contract which he made to with AD motors
It is vital for both the parties to follow down all the rules and regulations related
to the contract to make them valid and in case of violation of any terms and conditions by anyone
that makes down the contract void. In the given case scenario the Mrs.khan entered into a
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contract with AD motors regarding to replace down the damaged parts on their vehicle but the
AD motors replace those parts with duplicate parts which is not as per the conditions that
mentioned under contract which they are talking about the new and branded parts(Posner,2014).
The AD motors terminates the terms and conditions under that and in such case the plaintiff i.e.,
Mrs khan can easily make a suit against their defendant i.e., AD motors in court and the decision
taken by court is essentially based upon the full and final settlement of the case.
M2 Analyse the potential impacts
 Regulation:It tells that it is very essential for the business to implement down all the
rules and regulations which make their business activities successful.
 Legislation:The bill which is prepared under that is passed by the parliament and ten
after that such bill becomes an act.
 Standards:The business should follow down all the ethical rules and set standards to
make their business activity meaningful(Melvin, 2014).
TASK-3
P4 Legal solutions
It is important for both the parties to fulfil down all the terms and conditions related to
contract act and in case of breach from one end contract becomes void.
In first case the Mr.Singh entered into a contract with PHB Ltd and it is essentially decided the
Mr.Singh constructs a brand new 5 bed room houses at an agreed price of 50000 pounds and the
PHB Ltd abandoned them after constructing 60 percent of house and made payment suddenly by
the company. The company breaches the contract terms and conditions and violated with them
and in such case the cited company terminate their contract without telling them and In such case
Mr.Singh can claim the compensation amount from the court of law(Martin, 2015).
In the second case the Busy Bees company goes into the liquidation process and appoint
Samantha as a liquidator. The company goes into liquidation process because they have not
sufficient amount in order to pay off his obligation. In such case the company sold their assets to
meet down their liabilities and that set off procedure can be conduct with the help of pro rata
basis and by using that company can easily set off with their creditors(Wild, Wild and Han,
2014). So, the Aston business society holds such charges on assets which he purchased from
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Busy Bees at price of 200000 pounds and the realisation amount will be transferred to the Aston
Business Society.
P5 Justifications on basis of appropriate solution
The PHB limited failed to fulfil down the contract terms and condition and in
between he terminates the contract with Mr.Singh. Therefore, any rights of PHB is not created
because the breach of conditions is made and contract is terminated between both the parties.
The rules and regulations which been mentioned as per the contract is terminated by the PHB
limited and the suit is already been made and party is penalised and the same party cannot be
penalised for the same suit under court of law(Oswald,2014).
However, in the next case the Busy Bees appoints Samantha as a liquidator
because he wants to liquidate their assets to set off their creditors and liquidation work will be
going as per pro rata basis and the amount which come firstly the debt been settled by the
company to their creditors(Jones and Sufrin,2016). Further the Aston business takes down charge
on the assets which is realised by the Busy Bees company at an amount of 200000 pounds and
the amount directly will be transferred to the Aston Business Society.
As per the employment law employer has to give chance to prove own self. Apart from
this one month notice period is necessary to give by employer to its employees. It is considered
as breach of law
M3 Positive and negative impacts
The positive impacts come out that the liquidation process is goes as per the pro
rata basis in which Busy Bees company follow down the liquidation process and on that basis
they transferred such assets to the Aston Business Society(Appelbaum, E and et.al.,2016). The
negative impact in that is the PHB limed breach down the contract terms and conditions with
Mr.Singh and terminate the contract regarding construct house with them.
TASK-4
P6 Legal Rights of AFG oil company
Arbitration is the method of settling down the disputes which made involve
between the party's and this work is conducted because any of the party goodwill is not affect the
disputes can be settled within appropriate time manner. Any of the party is affected with the
decision then such party went to the higher court to challenge such decision which made by
Arbitrator(Law, Buhalis and Cobanoglu, 2014). The main advantage under this is that party don't
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have to come again ad again under the court for the case and such disputes can be settled by
Arbitrator within Appropriate time range.
In the given case, the AFG oil company appointed as an Arbitrator to settled down the
case which been occurred between the parties and the Arbitrator given equal rights to both the
parties in support of such case and then make their decision and it is depended upon the parties
whether they want to rely or not or they also went to the higher court also for settling such case
in a better manner.
Other than that mediation can be used by both of the parties so that dispute can be solved
effectively and efficiently. Mediation is the process in which authorities can make effective
communication with both parties in order to identify the main cause of this dispute. In this
technique third party listen point of view of both involved person and give proper solution top
resolve their issues. In this respect both parties have to agreed the decision of the mediator and
through mutual understanding this dispute get resolved soon
Benefits of alternative dispute resolution process
 One of the main advantage of using this process is that it is quit simple as compare to
other grievance resolution methods.
 In both these methods issue of the dispute remain confidential, it does not get discussed
openly with pother people
M4 Compare and contrast the effectiveness company
In such contrast the AFG oil company is appointing as an arbitrator for settling
down the disputes which made between the parties and it gives equal rights to both the parties
and then takes decisions and In case of dissatisfaction of any party they had option to move to
the higher court for settling such disputes.
CONCLUSION
From the above report it can conclude that, the business law is very vital for any
business because it helps down business in conducting their functions and also makes their
operations efficient. Moreover, the report also discuss regarding the dismissal of employee in
wrongful manner and also describe the contract terms and conditions why it is important to
follow down the parties. Furthermore, it also been discussed that how ADR conduct their
arbitration in favour of parties and promote the settlement.
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REFERENCES
Books and journals
Kötz, H., 2017. European contract law. Oxford University Press.
Zander, M., 2015. The law-making process. Bloomsbury Publishing.
Friedman, L.M. and Hayden, G.M., 2017. American law: An introduction. Oxford University
Press.
Rescorla, M., 2015. Bayesian perceptual psychology. In The oxford handbook of philosophy of
perception.
von Benda-Beckmann, F. and von Benda-Beckmann, K., 2017. Mobile people, mobile law:
Expanding legal relations in a contracting world. Routledge.
Gilson, R.J. and Gordon, J.N., 2013. The agency costs of agency capitalism: activist investors
and the revaluation of governance rights. Columbia Law Review, pp.863-927.
Allen, W.T. and Kraakman, R., 2016. Commentaries and cases on the law of business
organization. Wolters Kluwer law & business.
Posner, R.A., 2014. Economic analysis of law. Wolters Kluwer Law & Business.
Melvin, S., 2014. The Legal Environment of Business. McGraw-Hill Higher Education.
Martin, P.W., 2015. Survey for LAZ/SAIPAR Business Law Workshop, 9th January
2013. Received from Author. E-mail, 17.
Wild, J.J., Wild, K.L. and Han, J.C., 2014. International business. Pearson Education Limited.
Oswald, L.J., 2014. Simplifying Multiactor Patent Infringement Cases Through Proper
Application of Common Law Doctrine. American Business Law Journal, 51(1). pp.1-69.
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Jones, A. and Sufrin, B., 2016. EU competition law: text, cases, and materials. oxford university
Press.
Appelbaum, E and et.al.,2016.Good for business? Connecticut’s paid sick leave law. Center for
Economic and Policy Research.
Law, R., Buhalis, D. and Cobanoglu, C., 2014. Progress on information and communication
technologies in hospitality and tourism. International Journal of Contemporary Hospitality
Management, 26(5). pp.727-750.
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