English Legal System and Dispute Resolution

This assignment delves into the foundations of the English legal system, examining its sources and the government's role in lawmaking. It analyzes a case study involving self-employment classification (Pimlico Plumber v Smith), drawing parallels to a hypothetical situation presented by 'K'. The assignment further explores various alternative dispute resolution (ADR) methods such as arbitration, mediation, negotiation, and conciliation, highlighting their advantages over traditional litigation.

THE LEGAL FRAMEWORK
AND LEGAL SOLUTIONS

Table of Contents
INTRODUCTION...........................................................................................................................3
TASK 1............................................................................................................................................3
Explain different sources of law and the role of government in making law.............................3
English Legal System..................................................................................................................3
TASK 2............................................................................................................................................5
Impact of law on business...........................................................................................................5
TASK 3............................................................................................................................................6
Different types of business organisation.....................................................................................6
TASK 4............................................................................................................................................8
Legal solution for resolving the dispute. ....................................................................................8
CONCLUSIONS............................................................................................................................10
REFERENCES..............................................................................................................................11

INTRODUCTION
Business law is being referred as the law that is being governed by the business having
the different sot of public and private law as this report major emphasis on the legal system of
the government and statutory law. In the Business law rules relating to business is defined such
as rules, regulations, provisions etc. this report explains the KANGO employment status of the
employee working there.
TASK 1
Explain different law and government role in making law.
English Legal System
United Kingdom is divided into three main areas: England and Wales, Scotland and
Northern Ireland. Every jurisdiction has its own law, court, lawyer and judge. However, laws
that apply in one country, especially if produced from laws (Parliamentary legislative actions and
regulations), can be applied in the same or very similar way in other countries. Although courts
in each country can be involved in litigation other than in other jurisdictions, the final complaint
for all is referred to the British Supreme Court (Driver and Thompson, 2018).
Sources of law
The most important sources of laws are parliamentary or parliamentary courts, normative
actions, orders in the Council, etc.
Legislation
Legislation is a law made by legislatures. The most important action is the action of
Parliament. The most important legislative body is the British Parliament based in London. This
is the only body that has the right to issue laws that apply to all four countries. The British
Parliament consists of the lower house and the upper house.
Common Law and Statute
Common law is a law proclaimed by a judge, based on habits and precedents. This
returned to King Henry II's legal reform in the 12th century and was called public because it
applies equally throughout the country. The binding precedent doctrine in which the court
follows and applies the principles announced in previous cases, which the higher court calls the
Protocol. There are some common laws which can affect the KONGO are as follows:
Regulatory Laws

This law is a standard law that affects the way small and large businesses work and work
on certain events. Most of these laws apply to large industries such as small industries.
Convection and Treaties
It is one of the important part in the formation of law of any country. UK is the being
state council member in the European convention of the human rights. United Kingdom is being
enacted from the human Rights Act 1988 in which UK has to be protected the rights in the
European convection.
Statutory Law
It is a written law that is legalized by a legislator. This is the opposite of oral or
customary law. or legislative actions announced by the executive or customary law. These laws
can affect the business operations of KANGO as their system is having technical problems due
to that customers are not receiving their food on time.
Act of parliament
It is one of the most important source of law in which Statute was formed by Parliament.
The law was made after the approval of the two parliamentary chambers and the king's approval.
It is being followed by the judges in making the decision and it is being interpret ate in the true
sense.
European law
While formation on the UK law, the European law in taken into the consideration. As the
European law is taken for the consideration for making the UK law then the reason is known as
the source of law.
TASK 2
How the law impact the business.
Company law is having the set of rules and regulations that the company has to follow
and implied on itself while operating in the eyes of law
Employment law is the set of laws and rules that helps in to regulate the relationship
between the employer and employee (Kaiser, 2016). It also refers to the construction law which
is being considered to protect the right of the employees by building the relationship in between
the employee and employers.

Contract law deals with the contracts that is being made by the company between the
parties. it binds to both the parties that is enforceable by law.
In this task we have to explain weather the worker will be considered as self employed or
employed and what would be the impact on K's business.
Difference between self employed and employee
Self employed Employed
Risk and freedom They have high risk but they
enjoy the freedom and worked
according to their preferred
hours.
They don't bear high risk. They
have to work according to
work schedules.
Expenses Pay for all cost as well as
expenses.
It is being paid by employer.
Control They control their own work.
Other party can not control to
them.
Employer is having the full
control over the employee and
also having the control on their
action.
position Self employed persons are in
full charged of business and
decision making.
They are never been in full
charge as they are always been
in under the authority.
Financial benefits Amount is received on job to
job basis.
They are entitled to get
minimum wages as per the
minimum wages act.
Pimlico Plumber v Smith case
This is one of the most important case in the gig economy settled at the supreme court. in
this case the Gary smith is working with Pimlico Plumbers having 380 tradesmen. Gary Smith is
working for six years before suffering from heart attack. Due to ill health he asked to reduce his
work but the company refuse than he claims for unfair dismissal and discrimination is based on
the grounds of disablement, deny to pay the sick leave as well as holiday pay under the

employment right act and the Equality act (Employment status: Supreme Court confirms that
‘self-employed’ plumber was a worker, 2018). The decision was being validate by the
employment appeals tribunal, in this case the decision is made by seeing the facts that there was
an overarching contract, as business is having tight control over Smith which derives the branded
Van of Pemlico and tracker was attached to van and also carries the identity card with several
instructions from control room.
Employment status of KANGO :
As in the case of KANGO they have given the brand colour to the bicycle of K as they
deliver the food order to consumers and have to wear the uniform of their company. The
employees of the company also have to inform before the leave has been taken and must have to
inform the operation's department of K 48 hours before they take off from the work. Even K has
the full control over the couriers. They were not even allows to take the leave without any prior
information which is not according to the definition of independent contract. As per the above
scenario these employees are being considered as the employees of K as they have the absolute
control over the couriers who deliver the meals.
TASK 3
Different types of business organisation.
Types of business organizations
Business organizations come in various forms and forms. There are 4 types of business
which are the basic forms of business ownership:
Sole Proprietorship
It is the type of business which is run by single owner and owner is the only person who
takes decision for company.
Advantages
The only form of business organization an owner who starts a business by uniting all the
Source. The owners themselves managing business according to their own abilities and
intelligence (Hoffman and et.al., 2015). Single owners bring and manage resources
systematically and control activities for the purpose of acceptance profit. In such kind of firms
owner has to go through from limited legal formalities, individual can start business without

legal hurdles. Profit goes to owner only hence person needs not to share part of profit or
ownership with any third person.
Disadvantages
Owner has to invest own capital in business, furthermore unlimited liability is another
drawback of sole trader companies. It is not suitable for large scale operations as the resources
are limited and also due to lack of continuity.
Partnership
It is run by two or more partners in which both these persons invest their capital and
share profit as well.
Advantages
This type of business are easy to form and have flexibility in work with availability of
larger resources and the risks are also shared within the partners. Large resource availability is
another advantage of such business, as sole trader has only own capital to run business but in
partnership both partners invest their capital which raises funds for the company. Risk is shared
between partners hence risk of losing capital gets minimised.
Disadvantages
Instability is the major drawback of this business, as if one partner gets died then another
partner will have to bear all risks. Lack of faith of public is another drawback of this company.
Public limited company
The minimum amount for starting a company but there is no upper limit. These companies can
advertise with a prospectus to offer parts of their genera. These companies are subject to greater
control.
Advantages
As public companies can issue their shares in public hence capital can be raised easily.
Furthermore, public companies get more expansion opportunities because of intervention of
government.
Disadvantage
It is difficult to preserve secrecy and lack of interest in these companies. Such firms have to
follow huge regulations, ownership is in the hand of higher authorities only.
Private limited company

As the name implies, this type of business is managed and managed by one person. This
is the oldest and simplest form of business organization. Entrepreneurs invest capital, use
workers and machines (Janauer Albrecht and Stratmann, 2015). Therefore, the highest body
decides various problems related to its work and has full freedom of action in jurisdiction. The
owner is responsible for obligations. Therefore, lenders can also take money from private
property.
KANGO can get advantages if the company is registered as limited firm. One of the
major advantage of being public limited firm is that it can sell its shares into public which can
become easy sources of generating capital. Furthermore, it limits the liability of business. It
would get benefit from expansion opportunities, as funds will be realised by government which
will help in running business successfully.
Decision making: Governance and decision making are becoming more complex and confusing
in public companies because more and more shareholders consult. This complicated procedure
does not apply to private companies, because the number of shareholders is lower.
TASK 4
Legal solution for resolving the dispute.
Alternative Dispute Resolution (ADR)
In order to solve any dispute ADR methods are used. It is often avoided by going in the
court as it is lengthy procedure in terms of time and money. This term includes all the methods
of dispute resolution other than the proceedings of court. ADR generally describes all the dispute
resolution methods other than the court proceedings.
Arbitration
It is very formal proceedings involves the process where arbitrator takes all decisions. An
arbitrator is the third party who is being qualified to become the arbitrator and it can be useful for
the dispute which requires an understanding of technical knowledge and the matters which
requires privacy is important. Decision of arbitrator is binding like the tribunal. Many cases
require the appointment of arbitrators
Mediation
Mediation is based on voluntarism, confidentiality, and dialogue. This is a neutral
mediator who is not involved in the dispute and helps the parties reach an agreement.

Mediators do not have the right to give personal opinions about disputes, but only function as
channels between competitors. Its main task is to help the parties determine their position, to
clarify their petitions and arrange meetings between them until the case is resolved. A facilitator
who is well trained to assist parties in finding satisfying solutions
Negotiation
The negotiation process consists of an informal approach between the parties themselves
and / or their lawyers. This is the fastest and cheapest way to solve problems. People involved in
disputes are in direct and personal contact to solve problems. No third party controls the subject
matter's decision.
Conciliation
The conciliation process is led by a conciliator who has the same task as the mediator, but
with one big difference conciliator has the right to offer a solution to this case and to approach
the position of the parties. The principles of the mediation process are:
Voluntarism: The parties have the right at any time to withdraw from the conciliation procedure.
Impartiality - the mediator is not affiliated with one of the parties (Hoffman and et.al., 2015). If
there is a violation of this condition, the parties may request another arbitrator.
Confidentiality - Information provided by parties in this process is completely confidential. Only
parties and arbitrators can have access to it.
Good faith - information provided by the parties must be trustworthy. It is important to get a real
solution for this case.
K can refer any of the above alternative resolution for their organisation as they are not
having lengthy litigation process and consume less time and solve in an amicable manner.
Decision given by the court is to be binding to both the parties and no one can deny the decision
given by them (Aloisi, 2015).. ADR preserves the goodwill and it does not escalate the conflict
which is very helpful for the organisation where there is the continuous relationship.
CONCLUSIONS
From the above report it has been summarised that the different source of English legal
system and the role of government in making of law. This reports also illustrate the case study of
Pimlico Plumber v Smith case which is similar to the caso of K. It explains the difference
between the self employed and employed. Alternatives Dispute Resolution is also explained in
this report.