Business Law and ADR Process

The assignment provided is a detailed examination of business law and the Alternative Dispute Resolution (ADR) process. It explores the English legal system's role in resolving UK people's issues, government laws, employee legal obligations, and ADR process in handling business problems. The document draws from various sources, including books and journals, to provide a thorough understanding of the subject matter.

BUSINESS LAW

Table of Contents
INTRODUCTION...........................................................................................................................1
TASK 1............................................................................................................................................1
P1 English legal system structure and various sources of law....................................................1
P2 The role of government in law making and how different laws are applied in justice courts.
.....................................................................................................................................................3
TASK 2............................................................................................................................................4
P3 Legal obligations of employees and impact of contract and employment act for the
scenario.......................................................................................................................................4
TASK 3 ...........................................................................................................................................5
P4 Appropriate legal solutions for Mr Dan and Calvin Cases....................................................5
P5 Justification for both Calvin and Mr Dan cases.....................................................................7
TASK 4............................................................................................................................................8
P6 Alternative dispute resolution process and legal solution for Antwon and Tyrell................8
CONCLUSION................................................................................................................................9
REFERENCES..............................................................................................................................10

INTRODUCTION
English legal system which includes Civil and Criminal law and court will help to
solve the issues and problems between local people effectively. The report will cover
the English legal system in UK, England and Wales with discussing different sources of
law. The role of government for making laws and act such as statutory which will be
applicable for the different legal conditions will be discussed in this report. Employees
legal obligations in the firm and legal solution for the 16 year old girl who is working in a
fast food outlet of cooking fries will be evaluated in this report. Legal solutions for both
Mr Dan and Calvin cases with justification will be covered in this report. Finally the
Alternative Dispute Resolution process in relation to Antwon and Tyrell case will be
discussed in this report.
TASK 1
P1 English legal system structure and various sources of law
English law is the common law legal system governing England and Wales,
encompassing criminal and civil law. Some of it's ruling are defined from legislation and
some are based on the rulings of previous courts. If hierarchical structure is considered,
then decision implemented by higher court is the last and final decision. Various laws
and regulations followed by the UK people comes under the English legal framework. It
subsists of both criminal and common laws. Supreme court is considered to be the final
decision panel community whether it is criminal law or common law. The lower level
court, called as magistrate court is bind to handle only criminal cases, and the decision
is passed on the basis of all the witnesses, validations and evidences presented by both
the parties.
If parties are not gratify with the current decision than in that case they can
appeal in to crown court which is above magistrate court (Beatty, Samuelson and Abril
2018). In crown court the whole session is then began from starting all the evidences
and proofs are evaluated again for presenting decision. The legal structure of UK
permits hearing of all the criminal cases in crown court also. Lastly, if parties are not
agreed upon the decision made by crown court then further parties can appeal in
supreme court. The decision made by supreme court is considered to be the last and
final decision as there is no court above the supreme court. If the parties not agree upon
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the decision given supreme court then in that case they are not left with any choice, the
only option left with parties is to accept the decision given by supreme court.
Civil law deals with the matters like family disputes, land related issues, problems
related to employment etc. This structure of law has three levels : country, high court of
justice and last appeal. Cases related to family issues or nuisance are handled by
country court. It is the lowest level of the court and deals only with the general issues
(Trevino and Nelson, 2016). Then next comes the High court of justice where all the
validations and investigation is done to evaluate the decision made by the country court.
High court of justice inspects the decision made by country court for providing more
relevant decisions. The last level is where all the complex and critical issues are being
handled. Court of Appeal is the last stage, in this court issues which required critical
examination and the complex cases are heard. The decision making process of this
court is based upon some rules and laws assigned by the supreme court. The reason
behind this is that no other court can challenge the decision of supreme court. The
judgement passed by the supreme court is considered to be the final decision. Supreme
court is top most legal authority in both civil and criminal law.
Some laws related to business are introduced by the Parliament of UK for
monitoring and regulating business practices and operations. This laws allows other
people to take actions against the business if it is affecting them in adverse manner
(Mann and Roberts, 2015). Thus there are several laws that is been implemented:
Common law, Legislations and Law for human being. Common laws are made to
ensure that all the firm should follow business ethics while practising their business in
the society. Legislation is a combination of different act and amendments passed by the
Parliament. Law for human rights are developed for protecting employees that works in
an organisation. This law states that business organisation must treat their employees
fairly and they should not be cheated by the high level managers and leaders of the
organisation. These laws are regulated by the government of UK.
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P2 The role of government in law making and how different laws are applied in justice
courts.
To protect rights of each and every individual of the country laws and legislation
are important. It is also important to ensure that these laws and regulations are followed
by all the people of the country. Government plays very crucial role in developing laws
and regulations. Laws are developed in the parliament with the help of all the parties.
There are various laws of government which is described below :
Examination of case : the government is the one who make laws by examining all the
situations, facts and figures. Legislative, executive and judicial are the three authorities
in UK. They resolve issues represented by the people on the basis of given rules and
regulations.
Statement of bill : It is a legal document that encompasses all the details about the
laws and regulations. Bill is examine by government through various reading process
and then lords represent it in-front of House of Common. Both the houses play critical
role in implementation of a bill (Posner, 2014).
Representing key statistics : All the information related to the issues and problems
faced by the country is collected by the government in order to find out the solutions. All
the statistics and changes related to it are represented in the Parliament for applying
reasonable changes.
Law making process: Their are some rules and regulations present for developing
laws. These rules and regulations helps in making alterations in the Bills whenever it is
necessary.
Portrayal : After applying all the desirable changes the bill is then represented by the
government in the Parliament (Wright, 2015).
Revision : This is a stage where bill is discussed by all the members in order to make
required changes, alterations are regulated by the government. After all the discussions
and alterations lastly bill is again represented in house of common and house of lords.
Accomplishing legal operation : After presenting bill in front of both the houses, the
bill is then goes to Queen for final consent.
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Issuing data : It is very important duty of the government to provide information about
new laws and policies to the other people of the country. This can be done easily by
using social media or web based applications.
For solving special cases, laws like common and statutory are followed by the
UK. Common laws deals with the criminal cases or cases which involves duplicity or
skulduggery. Statutory laws are based on written laws. Hence, a functional system of
law in UK enables people to follow laws and regulations.
TASK 2
P3 Legal obligations of employees and impact of contract and employment act for the
scenario
A. Health and Safety Act 1974: Health and safety act refers to the safety of employees
at workplace or during the work. This will help them to provide health and safety security
by the organisation towards their work effectively.
 Safety towards the dangerous equipments and machineries.
 Safe use and handling of systems, plants and other objects.
 Employees welfare provision at workplace (Besley, 2015).
 Health and safety surveillance for the workers.
 Training and management for health and safety standards.
Compensation Act 1897: The act allows employees working in the firm to compensate
their work from home or throughout the next day in case of any injury or health issues
effectively. This will also provide benefits for them in terms of leaves and compensation
efficiently.
 Policies and plans for compensation towards employees requirements.
 Compensation for health and injuries (Shaw-Mellors and Poole, 2018).
 Medical leaves and compensation for occasional leaves.
 Compensation for workers in terms of clinical outcomes for patients.
Equality Act 2010: The act ensure employees working in the business towards their
equality in any terms. Equality should be in age, sex, religion, and opportunities. This
will help them to be sure towards equality between all the employees at workplace.
 Equality should be in age, sex, religion, disability and pre-employment.
 Equal chance to be promoted and training needs.
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 Fairly termination and employment chances for workers at workplace.
Harassment Act 1997: The act secure employees at workplace towards their
harassment activities that no one in the organisation is able to harass any employee in
any terms effectively and efficiently.
 Security from all harassment activities such as extra working, sexual or any
other.
 Employees awareness towards psychological, physical and sexual harassment.
 Clear statement for violence and harassment which will not be tolerated by the
workers.
B. Health and Safety Act 1974: From the above scenario it can understood that the girl
working in the fast food outlet of cooking fries is just 16 years old which is a illegal
activity for the organisation effectively. In that case the girl is a child labour which is
illegal for the firm. The Health and Safety Act will be applied for the situation that the
leaders were not paying their attention at workplace that they did not monitor the
workplace safety from which the accident happened. The ice machine was leaking and
the water was all around the girl and when she walked on the floor she slipped which
put her hand in the Oil which burned her left hand and forearm effectively. In that case,
the girl is able to make a claim against firm in case the organisation refused to pay her
medical fees or treatment for her. The employment act will also applied that the girl can
make a insurance claim for her physical damage. Thus, the firm should aware of such
dangerous machineries from which this kind of accident can happened for anyone.
Leaders should also monitor the workplace in order to reduce the harmful accidents
effectively.
TASK 3
P4 Appropriate legal solutions for Mr Dan and Calvin Cases
In the case of Calvin who is working in a fashion store for 4 years. One day
Monday morning when the owner of the firm Mrs Donna arrives at work she found
Calvin acting suspiciously that she checked the petty cash box and found that £100 is
missing from it. This thing made her furious and angry that she instantly called Calvin
and dismissed by calling him a thief without any notice or investigation (Crane and
Matten, 2016). The action taken by the owner is wrong and unfair to Calvin. Calvin is
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able to make a claim against Donna in the court for proving him innocent and
terminated unfairly. According to the Employment Act 1996, Calvin has legal rights to
claim against Donna for such a wrongful dismissal and also not to feel guilty about it
effectively and efficiently (Robson, 2015). Calvin is dismissed instantly by Donna that
she can even investigate the situation from other employees working in the store. Apart
from this, if Calvin actually found as a thief, Mrs Donna should give him a one moth
notice period to leave the firm effectively. Thus, the action taken by her is unfair and
illegal towards Calvin. He has also the legal rights to claim against Donna which will
prove him innocent and also receive the apology and right compensation from Donna.
Calvin would not feel guilty for the situation that the owner is unable to prove him a thief.
In the second case, Mr Dan who is father of Kelvin and also the owner of a
convenience store faced losses from fire in his store which destroyed all the elements of
the shop completely. Mr Dan opened a new convenience store at a different place and
made a fire claim towards the insurance company for the previous store. In the form of
proposal, Mr Dan was asked by the insurance company that whether he has made any
claim within past two years. Due to the insufficient knowledge Mr Dan provided them
wrong information that he does not made any claim from within past two years but in
actually he has made a claim 23 months ago. Thus, the insurance company refuse to
bear the losses of store from fire effectively. According to the Contract Act 1950 both
insurance company and Mr Dan should provide correct and appropriate information in
the proposal form or document to maintain the integrity of policy effectively. Mr Dan
provided wrong information of making claim within 2 years. Thus, the insurance
company is able to refuse the amount of insurance for Mr Dan. According to the law
both parties needs to provide correct information for maintaining the policies and
agreements that Mr Dan provided incorrect information in the agreements that he is not
eligible for making claim for insurance effectively (Ball, 2015). The insurance company
can also make a claim against Mr Dan for providing wrong information and breaking the
agreement policy effectively.
P5 Justification for both Calvin and Mr Dan cases
In the first case of Calvin who is working in the fashion store for 4 years is
dismissed wrongfully by the owner Mrs Donna. It can be justify that Calving is working
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for 4 years in the store which defines that he is a honest and loyal employee for the firm
effectively. Donna makes a mistake by dismissing Calvin from his job without any notice
or investigation from other employees in the firm. Donna should have knowledge of laws
that on the basis of doubts she is not able to terminate any employee from his job
effectively and efficiently. In addition to this, Donna instantly called Calvin and terminate
by calling him a thief which is a illegal activity and wrongful dismissal. This will make
able Calvin to make a claim against Donna for the wrong activity and to prove him
innocent. Calving was a honest worker without any complains and issues. Donna
should investigate the situation from other employees in the firm and then if Calvin
found as a thief, she should give him a one moth notice period to leave the firm,
effectively. In this case, Donna terminated him without any investigation. The
employment act will help Calvin to make a claim and prove him innocent with
appropriate compensation and apologies from the owner Mrs. Donna efficiently (Means,
2014).
In the second case, Mr Dan who provided wrong information to the insurance
company will be refused to bear the losses for his previous convenience store
effectively. According to the Contract Act both parties Mr Dan and insurance company
should provide correct and appropriate information in the proposal form or document to
maintain the integrity of policy effectively. Mr Dan provided wrong information of making
claim within 2 years but actually it was 23 months ago. This all happened due to the
insufficient knowledge (Frankle, Gregory and et.al. 2014). Thus, Mr Dan is not liable for
taking benefits of insurance policy effectively and insurance company is also able to
refuse the claim of bearing the losses from fire in his previous convenience store. In that
case, Mr Dan is in a fault for providing wrong and incorrect information from which they
are unable to take benefits of insurance effectively. The insurance company is also able
to make a claim against Mr Dan for providing wrong information and breaking the
agreement policy effectively. Thus, Mr Dan will not receive the insurance money and
also in a fault to provide incorrect information which is a illegal activity according to the
laws.
Thus, it can be justify from both Calvin and Mr Dan cases that Calvin is able to
make a claim against the owner Donna for such a wrongful and unfair dismissal which
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will prove him innocent and also not to feel guilty about the situation effectively. Mr Dan
is not liable for taking advantage of insurance policy that he provided wrong information
and breaks the agreement policy effectively (Allen and Kraakman, 2016). In both cases
Employment act and Contract act will be applied to solve the issue legally and
efficiently.
TASK 4
P6 Alternative dispute resolution process and legal solution for Antwon and Tyrell
ALTERNATIVE DISPUTE RESOLUTION PROCESS
Alternative dispute resolution process involves conciliation and mediation,
adjudication and arbitration which helps two firms to solve their issues and problems
without going through the court procedure effectively. The government also encourage
and motivate the alternative dispute resolution process which helps to reduce the little
issues and problems between two firms which also help to save the time of court
efficiently. ADR process is suitable for all kind of businesses in order to maintain their
relationship and interaction between firms effectively. Here are some different types of
ADR process which should be used by the organisations to solve their problems
discussed below:
Conciliation and mediation: Both conciliation and mediation is less formal than
arbitration and also free to use effectively. Conciliation normally try to focus on problems
and try to solve them efficiently. This will help both parties to become happy with the
solution and also remove the issue from which they both are unsatisfied. Mediation
process involves a mediator between both parties which evaluate and determine the
issue by effective investigation and try to solve them with efficiency and knowledge
effectively.
Adjudication: Adjudication is also free to use, less formal than arbitration and in-
depended as well effectively and efficiently. Adjudication evaluate the written evidence
and documents provided by both parties in which they had made the policies to run their
business collaboratively and effectively. This will help to assess areas which are
causing the problems and issues for both parties (Roach, 2016).
Arbitration: Arbitration used an independent arbitrator effectively and efficiently.
Arbitrator try to make effective decisions towards the complain provided by consumers.
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It is also based on paper evidence which is sent by both traders and customers
effectively. The decisions made by the arbitrator are legally bind that both parties are
unable to go to the court procedure in case they are not satisfied with the solutions
efficiently.
ANTWON AND TYRELL
A dispute arises between Antwon and Tyrell. Tyrell makes software for Antwon
employees which they use to produce the market predictions effectively and efficiently.
The employees are not satisfied with the software and refuse to accept them. The most
appropriate and alternative legal solution for both parties is mediation in which a
mediator will be appointed by both parties with satisfaction. Mediator will analyse all the
situation in terms of documents and policies which will help him to understand the
problem between both parties. According to the Contract Act 1950, Antwon is able to
make a claim against Tyrell but this will affect the relationship effectively (Burnham,
2016). Thus, the ADR process will help them to solve their issue without having the
court procedure. The mediator will provide effective solution for both parties and solve
the issue which helps both of them to manage their relationship effectively and
efficiently.
CONCLUSION
English legal system will help UK people to solve their issues and problems with
the procedure of court effectively. The government has also a significant role in making
laws for the Act if parliament efficiently. Employees legal obligations in the firm from
which they can secure their authorities. Legal solution for Calvin, Mr Dan and 16 year
old girl will help them to handle their situations and apply for the claim against along
with all evidences effectively. Justification will provide a effective thinking for both Calvin
and Mr Dan cases. Finally, the ADR process which helps Antwon and Tyrell to solve
their business problem.
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REFERENCES
Books and Journals
Beatty, J.F., Samuelson, S.S. and Abril, P.S., 2018. Business law and the legal
environment. Cengage Learning.
Mann, R.A. and Roberts, B.S., 2015. Business law and the regulation of business.
Nelson Education.
Wright, P.J., 2015. Challenges to the Harmonisation of Business Law: Domestic and
Cross-Border Insolvency Law. Browser Download This Paper.
Shaw-Mellors, A. and Poole, J., 2018. Recession, changed circumstances, and
renegotiations: the inadequacy of principle in English law. Journal of Business
Law.
Robson, R., 2015. A new look at benefit corporations: Game theory and game
changer. American Business Law Journal 52(3) pp.501-555.
Ball, A.S., 2015. Disruptive Pedagogy: Incorporating Critical Theory in Business Law
Clinics. Clinical L. Rev. 22 p.1.
Frankle, D.H., Gregory, H.J., Varallo, G.V. and Lyons, C.H., 2014. Proceedings of the
2014 Delaware Business Law Forum: Director-Centric Governance in the Golden
Age of Shareholder Activism. Bus. Law. 70 p.707.
Allen, W.T. and Kraakman, R., 2016. Commentaries and cases on the law of business
organization. Wolters Kluwer law & business.
Roach, L., 2016. Card and James' Business Law. Oxford University Press.
Burnham, W., 2016. Introduction to the law and legal system of the United States. West
Academic Publishing.
Means, B., 2014. The Contractual Foundation of Family-Business Law. Ohio St. LJ 75
p.675.
Crane, A. and Matten, D., 2016. Business ethics: Managing corporate citizenship and
sustainability in the age of globalization. Oxford University Press.
Besley, T., 2015. Law, regulation, and the business climate: The nature and influence of
the World Bank Doing Business project. Journal of Economic Perspectives 29(3)
pp.99-120.
Posner, R.A., 2014. Economic analysis of law. Wolters Kluwer Law & Business.
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Trevino, L.K. and Nelson, K.A., 2016. Managing business ethics: Straight talk about how
to do it right. John Wiley & Sons.
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