Legal System and Dispute Resolution

This assignment provides a detailed analysis of the English legal system, including its structure, role of government in lawmaking, and various employment laws such as Unfair Dismissal. It also examines alternative dispute resolution methods like arbitration and negotiation. The report outlines every reading and step considered by parliament and house of Common and lords at the time of passing Bill. Further, it analyses employment and contract law enforced by parliament to protect employees' rights.

THE LEGAL FRAMEWORK AND
LEGAL SOLUTIONS

TABLE OF CONTENTS
INTRODUCTION...........................................................................................................................1
TASK 1............................................................................................................................................1
P1. Different sources of law that organisation need to comply...................................................1
P2. Role of government in law making.......................................................................................2
TASK 2............................................................................................................................................4
P3. Impact of employment law and contract law on business with example..............................4
TASK 3............................................................................................................................................4
P4. Appropriate solution for business problem............................................................................4
P5. Justification for suggested legal solution...............................................................................5
TASK 4............................................................................................................................................6
P6. Recommendations..................................................................................................................6
CONCLUSION................................................................................................................................6
REFERENCES................................................................................................................................7

INTRODUCTION
Legal framework of country plays an important role in protecting public and
constitutional interest whereas legal solutions are the ethical solutions to diverged problems. It is
important for the business to implement legal procedures to conduct business functions. The
report will evaluate about legal system which will be analysed by Business Futures Limited
Company, a business consultancy firm. Apart from this, it will outline the impact employment
law and contract law on country pine. Thus, it will identify methodss of alternative dispute
resolution proces which can be suheested to Country Pine.
TASK 1
P1. Different sources of law that organisation need to comply
Business Futures Limited is seeking for expert employee who holds a strong knowledge
over English legal system and its different sources.
ENGLISH LEGAL SYSTEM
English legal system comprises of civil and criminal law and is only applicable in
England and Wales. For resolving both types of issues, the system offers different ways of
resolving cases. Every case is finally handled in Supreme Court and the decision by Supreme
Court cannot be questioned. However, cases related to public and constitutional importance are
stretched to Supreme Court (Blake, Browne and Sime, 2016). Civil cases are handled by the
court of appeal, county courts and high court whereas Court of appeal, crown court and
magistrate court are accountable for managing the criminal cases. In addition, civil laws aim at
resolving issues in between two parties which can be company and customer, supplier and
organisation, business and workers, etc. However, criminal laws are abided for the criminal
activities such as murder, offences, unethical activities, cheating, misinterpretation, fraud,
forgery, etc.
Sources of Law
Common Law: These are the laws which help people in fighting for ethical rights. It is
ancient and is applicable to limited case and managed only in the court.
1

Laws by European Union: European laws are focused on protecting the interest of
society against exploitation. The laws by EU are based on human and employment rights like
occupation health and safety, Equality act 2010 and many more.
Statutes: Statues are the base which are used by parliament to frame law according to
different conditions and issues of society (Ewing and Hendy Qc, 2012).
Legislation: Legislations are the most essential parts of parliament which are enacted to
maintain stability in country. House of Commons and House of Lords enact legislation with
committee of 650 members.
Civil Law: The laws are enforced by parliament to maintain ethics and ability in society.
It aims at preserving public from wrong commitment and discrimination (Underhill, 2010). As
per the current situation, civil law manages cases less than £25000 and assess injuries less than
£50000.
P2. Role of government in law making
Government plays a vital role in managing successful change and making of law by
parliament. Therefore, the statues in business are formed with the help of legislation which are
enforced by government (Quinney and Shelden, 2018). However, the governmental regulations
2
Illustration 1: Structure of ENGLISH LEGAL SYSTEM

are enacted to protect employee’s rights and conflicts at workplace. The procedure of law
making by government is as follows:
First Reading: In this, bill is proposed which begins from House of Common. In this
phase, bill is scrutinised where the focus is to identify the problem for which bill has been
proposed.
Second Reading: In this, issue behind proposed bill is discussed in front of Members of
Parliament. If in case any argument occurs while discussion, the bill is directly sent to House of
Lords without any voting.
Committee Stage: It is the stage where changes are made in bill in order to attain
approval from members of parliament.
Report Stage: In this stage, changes are reported to parliament members to seek their
suggestions and views on bill (O'Brien, Powers and Wesner, 2018).
Third Reading: This stage is related to discussion on final bill for seeking suggestions
for amendment before drafting final bill.
Approval Stage: In this, bill is sent for approval to House of Commons and lords.
Conversion: It is the last stage where bill is approved from both houses and is drafted to
royal accent. It is the source which gives final submission to proposed bill with consent of
ministers.
Statutory and common laws are the act enforced by government and parliament for public
importance. It is done by government to control and manage business operations. This assists the
government in establishing complete control over organisational activities which ensure safe and
secure business practices for economy, society and environment. It comprises of act like Sales
and Goods Act 1979, Employment Rights Act, Companies Act, etc. (Lieberman and et.al., 2016).
However, it can be said that to maintain safety and stability of organisational functions, it is
important for Country Pine to comply with all regulations. Compliance with government
regulation is the strategy which helps enterprise in maintaining ethical business functioning by
serving employees and customer satisfaction (Ridley‐Duff and Bennett, 2011). Apart from this, it
is the tool which assists in reducing chances of errors like forgery, misinterpretation, lack of
communication, sudden modification, etc.
3

TASK 2
P3. Impact of employment law and contract law on business with example
Contract Act 1990: This act is enforced by parliament to enable job security to
employees. It helps in obligating and securing rights of workers against wrong activities of
business (Kubasek and et. al., 2015). Like in case of Country Pine the act will assist employee in
complaining against management for conducting discriminatory and unfair activities.
Contract Employment Act 1963: This act is enforced by UK government to protect
interest of workers against wrong activities like misinterpretation of information, misleading of
rights, forgery etc. Non compliance with regulation is punishable offense for against which the
company can be shut by justice of court permanently (Jones, 2017). The employees of Country
Pine hold complete right to file case against conduction unethical activities in an organisation.
Employment Act 2008: This act is enforced to strengthen employee’s power. However,
this act aims at empowering employees and helps in resolving disputes in organisation. It is
related to employee safety and security at workplace (Groeneveld and Van de Walle, 2010.).
Health and Safety at Work Act 1974: Occupational health and safety is the foremost
responsibility of an organisation. However, the act enforced by government aims at protecting
safety rights of people at workplace. In accordance to this, if case the employee of country Pine
feels insecure related to work environment due to conduction of unethical activities than the
workers holds full right to sue company against this act for which the firm can face cancellation
of licensing.
Unfair Dismissal Act 1997: This act is enforced by government to protect interest of
employee against wrong dismissal of workers. For example, if in case country Pine fires
employee for wrong doing but without evidence just for the sake of own business issue then the
individuals holds right to sue company against unfair Dismissal Act where the firm will be liable
to compensate to specific employee (Southey and Fry, 2010).
TASK 3
P4. Appropriate solution for business problem
According to conflict of Suppliers and Country Pine with regard to quality, it is important
for the individual to resolve issue in order to maintain ethicality of professional relationship.
However, impact of their disruptive relationship will also impact further supplies of organisation.
4

Therefore, in accordance to situation it is important for the firm to implement the use of
Alternative Dispute resolution process which is the best legal method that allow two parties in
resolving conflicts without any legal proceeding according to their convenient (Alternative
Dispute resolution, 2013). This is considered as most effective method of resolving conflicts
because it does not impact the image of firm or employee or anyone. It is focused on resolving
problem to the best with common interest of both the Parties. There are various method of Ads
which area s follows:
Mediation: In this method, the conflicting parties aims at resolving conflicts by
analysing whole situation. In this, the focus of both individuals is one the benefits of certain
situation instead of common interest. It is the analysis of whole situation and final decision is
made by the selected legal person who is liable to explain every bit of detail related to conflict
resolution.
Arbitration: It is the process of resolving conflict where both the parties share their part
of information with one legal person out of the court. There are two types of arbitration that is
private and judicial. In this process, the decision is made with all legal formalities and
proceedings but in interest of both the parties. The final judge given by legal advices is abided
and is documented in form of agreement in order to secure future chance of conflicts and
misunderstanding.
Negotiation: It is an ADR method, in which both the parties are allowed to confront each
other and share their interest in front of each other. However, there is one legal person who is
selected by conflicting parties with common interest. The individuals listen up to whole situation
and frames one solution which concepts mutual interest. This type of legal solution helps to
conflict parties in maintaining their relationship.
Thus, in accordance to situation for suppliers and country pine over increasing quality of
timber plate, it can be suggested that the can use of arbitration dispute resolution method. It will
help in protecting interests of suppliers and CP on mutual consent.
P5. Justification for suggested legal solution
In accordance to conflict of Country Pine with Suppliers, it has been analysed that both
the parties wants to maintain their professional relationship because the parties shares same level
of interest in each other business. However, Arbitration is on Alternate dispute resolution method
helps the conflicting parties in resolving their issue in legal format without involving in legal
5

proceedings. However, as per their situation Arbitration is the legal solution which will assist
both the parties in setting measure which will considered for suppliers (Harbo, 2010). Moreover,
it is the method in which both the parties are abiding to sign agreement which helps them in
maintaining standard of future relationships. Setting norms for future business relationship is the
plan which draws line in stakeholders to maintaining values of business operation. Thus, it can
be said that arbitration is the only legal solution which is especially related to business level
conflicts and is implemented to only process where both the parties aims at maintaining
ethicality of future business functions.
TASK 4
P6. Recommendations
In accordance to Country Pine and Suppliers conflict it can be recommended that instead
of arbitration, the parties can also implement use of Negotiation dispute resolution process as it
allows the discussion of both the parties in front of legal person. In this process both parties share
their part of information and information. However, in this the legal person is also chosen with
common interest which reduces the chance of biases in solution. However, the focus of
negotiation process sis to resolve conflicts between parties on common interest. Thus, as per the
situation of CP and suppliers it can be suggested the individuals could also implement
negotiation process because it will allow the individual in farming decision with mutual consent.
CONCLUSION
The report summarized about English legal system which determined that it is divided
into two laws which are criminal and civil. Further, it identified various sources of English legal
system that is legislation, common law, civil law. Moreover, the report outlined role of
Government in law making where it evaluated every reading and step considered by parliament
and house of Common and lords at the time of passing Bill. Apart from this, it analysed various
employment and contract law which are enforced by parliament to protect rights of employees
like Unfair Dismissal, Contract of employment act which can assit employees of Country Pine
for fighting for their rights. Thus, it concluded by analysing about Alternative legal solution
method that is Arbitration, negotiation etc. which helps Country pine in re solving conflicts
without involving in legal proceedings.
6

REFERENCES
Books and Journals
Blake, S.H., Browne, J. and Sime, S., 2016. A practical approach to alternative dispute
resolution. Oxford University Press.
Ewing, K.D. and Hendy Qc, J., 2012. Unfair Dismissal Law Changes—Unfair?. Industrial Law
Journal. 41(1). pp.115-121.
Groeneveld, S. and Van de Walle, S., 2010. A contingency approach to representative
bureaucracy: Power, equal opportunities and diversity. International Review of
Administrative Sciences. 76(2). pp.239-258.
Harbo, T.I., 2010. The function of the proportionality principle in EU law. European Law
Journal. 16(2). pp.158-185.
Jones, L., 2017. Introduction to business law. Oxford University Press.
Kubasek, N. and et.al., 2015. Dynamic business law. McGraw-Hill Education.
Lieberman, J. and et.al., 2016. Business law and the legal environment.
O'Brien, C.N., Powers, R.E. and Wesner, T.L., 2018. Benchmarking and Accreditation Goals
Support the Value of an Undergraduate Business Law Core Course. Journal of Legal
Studies Education. 35(1). pp. 171-189.
Quinney, R. and Shelden, R.G., 2018. Critique of the legal order: Crime control in capitalist
society. Routledge.
Ridley‐Duff, R. and Bennett, A., 2011. Towards mediation: Developing a theoretical framework
to understand alternative dispute resolution. Industrial Relations Journal. 42(2). pp.106-
123.
Southey, K. and Fry, S., 2010, February. Stacking the Commission: has it occurred and does it
matter in unfair dismissal arbitration?. In Proceedings of the 24th Conference of the
Association of Industrial Relations Academics of Australia and New Zealand: Work in
Progress: Crises, Choices and Continuity (AIRAANZ 2010). University of Western
Sydney. (pp. 1-12).
Underhill, E., 2010. Should host employers have greater responsibility for temporary agency
workers’ employment rights?. Asia Pacific Journal of Human Resources. 48(3). pp.338-
355.
Online
Alternative Dispute resolution. 2013. [Online]. Available through:
<https://www.nycourts.gov/ip/adr/What_Is_ADR.shtml>.
7