Understanding Business Law in English Legal System

This report delves into the English Legal System, exploring the nature of laws, legal obligations of employers, and recommending legal solutions. It emphasizes the importance of alternative dispute resolution for effective conflict resolution.

Business Law
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Table of Contents
Introduction..............................................................................................................................................................3
Section 1: Nature of Legal System...........................................................................................................................4
P1 (a)...................................................................................................................................................................4
P2 (b)...................................................................................................................................................................6
M1.......................................................................................................................................................................7
D1........................................................................................................................................................................8
Section 2...................................................................................................................................................................9
P3 a) Briefly explain Employers’ legal obligations in relation to.......................................................................9
(b)......................................................................................................................................................................10
M2.....................................................................................................................................................................11
Section 3:................................................................................................................................................................12
P4.......................................................................................................................................................................12
P5.......................................................................................................................................................................14
M3.....................................................................................................................................................................15
D2......................................................................................................................................................................16
Section 4 - Recommending appropriate legal solutions based upon alternative legal advice................................17
(P6) (a)...............................................................................................................................................................17
b)........................................................................................................................................................................18
M4.....................................................................................................................................................................19
D2......................................................................................................................................................................20
Conclusion:............................................................................................................................................................21
References..............................................................................................................................................................22
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Introduction
This report provides us with the understanding regarding the English Legal System and the
formulation of the laws. The role played by the administrative departments in the law
functioning are explained effectively to develop the good understanding and the concepts.
Further, the reforms made in the law functioning also make it more flexible and the effective
for the functions. This report also provides the discussion regarding the legal obligation laid
by the employer in terms of the various acts and the regulations. These are related to the
health and safety, equality acts, workers compensation, etc. Further, the solutions to the legal
cases are also provided in this report to develop the good understanding of the topics. The
effectiveness in terms of the procedures related to the alternative dispute resolution is
provided.
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Section 1: Nature of Legal System
P1 (a)
English legal system is considered as a fountain which flows towards the United Kingdom. It
works with its main two divisions which are criminal and the civil divisions. The functioning
of both the divisions is different and distinct. The difference in them is due to the nature of
their functions which is related to both the criminal and the non-criminal nature. The
hierarchy used in the English Legal System is provided thereunder:
Supreme Court: The Supreme Court is considered as one of the higher courts in the
hierarchy. Its functioning is all the above courts and the disputes are settled in it by the parties
if they are not satisfied with the subordinate courts.
Court of Appeal: It is also called as a COA and is responsible for dealing with the cases
whose appeals are provided to other subordinate courts. Criminal division is responsible for
dealing with the cases which are of criminal nature while the civil division is responsible for
the cases which are of non-criminal nature (The judicial office international team, 2016).
High Court: The high court functions all those cases which are considered as an important
and of the high values. It is also considered as supervisory jurisdictions over all other
subordinate courts in the English legal system.
Crown Court: It is considered as a higher court which deals with the cases which are related
to the criminal natures.
Magistrate Court: It is considered as lower courts which is basically responsible for holding
the trials for the summary offenses and the preliminary hearing for the cases which are in
serious nature.
Sources of Law:
Precedents Precedents are considered to be a source which are provided by the
superior courts and which can be further used as a guideline by the
subordinate courts to provide the decisions
Acts of parliament In this form, all the functioning and the approvals are made by the
parliament. The draft used in the formulation of the law involves
the readings and then certification is provided by the Parliament
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(Slapper and Kelly, 2013).
Customs Customs are used as a source which helps the individuals to gain
the justice.
European laws It is based on the principles which are laid by the European Union
The role played by the solicitors, barristers and the judges:
Solicitors are considered as a professional who is considered to be legally responsible for
helping or guiding the clients on the disputes. The solicitors are also considered to be
responsible individual for the appointment of the barristers. Barristers are the one which is
responsible for performing the paper work. In the same way, the judges in the legal system
are considered to be responsible for providing the justice to the individuals.
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P2 (b)
The roles played by the government in the legal matters are such which is considered to be
very significant. The readings are involved in the various stages which are considered to be
responsible for the law formulations. These are discussed thereunder:
 In the first step, there is a discussion on the issues regarding the political nature and
also of the general nature. The discussions take the form of the debate wherein each
and every topic is discussed and provided.
 The effective role is played by the government departments in the law making and the
bill is drafted which is presented in the House of Commons (Martin, 2013).
 House of Commons: The House of Common is considered as a one of the major
authority which is selected by the public basically. In this form, there is the execution
of the three readings wherein each stage involves the law formulations and the
discussions regarding its adaptability and the correctness. If after the three reading it
is satisfied that the draft is correct then it is passed to the next house for further
 House of Lords: In this, the same procedure is followed which is formulated in the
House of Commons. After the discussion, if it is felt by the government that the draft
requires certain variations then in such case the bill is sent again to the earlier house
so as to make the changes (CILEX, 2017).
 Royal assent: It is considered as one of the final stages which are responsible for
providing the approval of the draft and to publicize it in the official gazette.
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M1
Law is considered as one of the systems which play an effective role in the justice
formulations and the business functioning. The role played by the commissions also plays an
effective as with the help of this the activities related to the smoking helps in the maintenance
of the peace in the economy. With the help of the reforms in the legal system, the free legal
aid services are also provided to those individuals who are in actual need of it (Victoria state
government 2017).
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D1
In case of the English Legal System, the basic value which is apportioned is with the
principles which are laid in the common law. The legal system which operates in the United
Kingdom helps in providing both the flexibility and certain advantages. This also helps in the
smoother operations of the justice in the UK. Whereas when the legal system of the United
States is considered then it is termed as an institutionalized. There is also not involved any of
the tribunal system in the United States (Taylor and Emir, 2015).
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Section 2
P3 a) Briefly explain Employers’ legal obligations in relation to
i) Occupational Health and Safety: The health and safety are considered as a one of the
important factors which is considered in every kind of the workplace. Hence all the
employers are required to fulfill the requirements of the health provisions among the factories
(Health and Safety for Beginners, 2017). Hence the regulation of the Occupational Health
and Safety Act 1970 is formulated in the United Kingdom to protect the interests of the
workers. And if the employer does not fulfill the legal provisions then this involves the
employer in the legal proceedings.
(ii) Workers Compensation: The regulations related to the worker's compensation are
formulated in the UK to help the individuals at the workplace. It is also treated as a one of the
parts of reimbursement expenses which are provided by the manager of the company to their
employees on some grounds such as an act of the accidents or any form of injury, etc.
(iii) Harassments: The Harassments included in the workplace may take the form of sexual,
mental or physical which is not considered effective for the workplace functioning. This also
laid some of the responsibility on the part of the employer to save them from such acts in the
workplace and if the employer itself was involved in such acts then the employer is liable for
the acts of the legal actions (Cobb, 2017).
(iv) Equal Opportunities: Equality is considered to be one of the basic and the foremost
rights of the individuals in the workplace, hence equal opportunities should be provided at the
workplace which helps in maintaining the integrity at the workplace. Hence all the kind of
discrimination should be prohibited in the workplace and the act which governs such
provisions are Equality Act 2010.
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(b)
The risks and the accidents are such common things which are considered part of any of the
workplace or the factory. In the given case it is provided that the girl is suffered the injury
due to the involvement of the accident at the workplace. The injury is caused to the girl's
hand and also some temporary from which she is affected severally. This act is involved in
the workplace due to the reason which is provided thereunder:
 No training was provided to the workers to deal with the accidents.
 The risks assessment procedure is also not involved in the workplace while placing
the machine and fryers (Health and Safety for Beginners, 2017).
 On the day of the accident there is also the short availability of staff due to which
there is not the availability of the any of the leaders to monitor the working.
Hence from the above case and the scenario, it is provided that the employer is liable to under
the provisions of both the Health and Safety Act and the Employment Protection Act which
hold him liable to make the payment of all the expenses and also provides all medical
benefits on the part of the employer.
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M2
Legislations and the standards are such set procedure which helps in guiding an individual
regarding both the mandatory and the voluntary provisions. The differentiation between the
two of the acts is provided thereunder:
Occupational Health and Safety Act: This act helps in safeguarding the interests of the
workers in terms of the safety and health at the workplace. This also helps in saving them
from the unnecessary exploitation which is involved in the workplace (Health and Safety for
Beginners, 2017).
Factories Act: The provision which is laid in this act helps the individuals to safeguard their
working at the factory. This also helps in safeguarding the interests of the workers at their
factories and the workplace. Hence any of the accident and the fault involved in the
workplace or the factory holds the employer liable to reimburse the payments to their
employees or workers.
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Section 3:
P4
Case 1:
This is a case which includes the working of the Calvin in the fashion store where there is
involved the act of the theft for which all the liability it imposes on the part of Calvin by his
employer Donna. Here two forms of the acts are involved. The concept of unfair dismissal
provides that the dismissal which is taken place at the workplace with the employee is in an
unfair manner. The other concept of wrongful dismissal is also involved which proves that
the dismissal is such which is due to the reasons of the breach of the contractual terms and the
conditions (Mackie and Mackie, 2013).
Here the legal provisions of the Employment Right Act are applicable to the individual
scenario of the Calvin and Donna. The regulations which are laid under it guide an individual
regarding the reasons and the terms of the dismissal used in the workplace. It is provided that
the no employee is removed from the workplace without providing the notice within the
adequate time period. Hence Calvin can claim both the damages and the reengagement from
the Donna.
Case 2:
The case scenario is related to the functioning of the insurance company to provide the
parties the claim on account of the fire involved at the store of the Dan. In this case, the
concepts of the misrepresentation are involved among both the parties and the individuals. A
misrepresentation is a form in which the untrue statements and the facts are provided by the
parties to the other parties. It takes the two forms which are:
Fraudulent misrepresentation: It is a form in which the statements are made with the way
to cheat the other and having knowledge about the fraud involved in the transactions
(Rodgers, 2012).
Negligent misrepresentation: It is a form wherein the parties made such statement with the
other which is told them in careless form.
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Innocent misrepresentation: Herein the statement’s and the facts are made by the parties
involved in the contract with the belief that they are true and reasons of calling it as a true are
also available with them.
In the case of Dan there is observed the case of negligent misrepresentation among the parties
as for when asked and inquire by the insurance company then the statements made are in the
careless nature which holds him liable for the non-payments of the insurance claim by the
company. But in this case, the fraudulent intention was not pursued by the Dan hence the
insurance company is liable to make the payment of the entire claim (Taylor and Emir, 2015).
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P5
In the first case of Calvin, it is provided that the dismissal of Calvin is not as per the
provisions which are laid in the employment act. It is provided that the grounds for dismissal
should be true and the adequate inquiry should be held by the employer before declaring it as
a fraudulent. Hence, in this case, the charge which is imposed on the Calvin is not treated as
fair which hold his employer liable to make the payments of the compensation and the
damages to the Calvin. The similar judgments are provided in the case of Metroline West Ltd
v Ajaj; Ajaj v Metroline West Ltd (EAT) and it also justifies the grounds that are applicable
to the dismissal.
In the second case, the applicable provisions of the Fraud Act 2006 justify the scenario of
Dan. The intention which is pursued by the party should be such which is bonafide. This also
holds the employer liable towards the provisions which are laid in the acts and hence the
claim should be made to the Dan as it was kind of the negligent misrepresentation (Pyper,
2017).
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M3
Advantages: The advantage which is involved from the case of Calvin providers that the
grounds of the dismissal period and the regulations are cleared by both the employer and the
employee. The legal consequences are also very well defined and understood. On the other
hand, the applicability of the facts of the misrepresentation is also cleared.
Disadvantages: The disadvantage from the case of Calvin is that the reasons for the
dismissal destroy the relationships among both the employer and the employee. While in the
case of Dan the loss is incurred to the Dan on account of the non-payment of the claim by the
insurance company (Langdon, 2012).
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D2
The procedure of alternative disputes also helps in the parties to solve the disputes in the
minimal time frame and the costs. This procedure is adopted in the case of Calvin helps in
maintaining the effective and good relations among both the employer and the employee.
This also helps in saving the time and the costs of both the Calvin and Donna. In the same
situation, the dispute between the insurance company and Dan is also solved with the help of
the techniques of mediation which help the parties to save their costs (Taylor and Emir,
2015).
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Section 4 - Recommending appropriate legal solutions based upon alternative legal
advice
(P6) (a)
Alternative Dispute Resolution helps the parties to save them from the unnecessary litigation
costs and also to save the relations among the parties. These methods also help in reducing
the burden of the courts and the legal systems (Ware, 2016). This also helps in saving the
relations among the parties and also to gain the justice. The advantages of the approaches
used in the ADR are provided thereunder:
 This procedure helps in the development of the effective relations among the parties
involved in the disputes.
 The fees charged in this procedure are in fewer amounts when compared with the
legal proceedings.
Types of ADR:
Arbitration:
The effective functioning of the acts of the arbitrations is laid from the cases such as
Premium Nafta Products v Fili Shipping [2007] UKHL 40. In this procedure, the decisions
are involved by the third person involved in the settlement of the disputes.
Mediation:
The process of mediation is such which helps in solving the cases which are of nature of
family or contracts or the employment. Herein the effective role is played by the mediator
appointed by the parties to help in the mutual solution or the settlement (Ware, 2016).
Conciliation:
It is such a procedure which is considered as an advanced form of the approach of mediation.
This procedure helps in accessing the solution of the disputes which is involved among them.
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b)
The techniques of “Med-Arb” can be used by the parties to solve their disputes. This
procedure helps in the solution of the disputes which is involved among the parties. The
relationships are also saved among the parties involved in the disputes along with the
business. Herein in the case of Antwon and Tyrell who wants to continue their business
relationships which are possible only with the help of the procedure of mediation (Rodgers,
2012).
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M4
The differentiation is made among the functioning of the acts. These are provided thereunder:
The arbitration is governed by the provisions which are laid in the Arbitration Act. The
judgment or the decisions involved is with the help of the third party which helps in a
solution of the problems just like the court system and the functioning (Barnard, 2012).
In the case of mediation, the mediator appointed helps in the solution of the cases which are
related to the family or other related disputes. These also help in the amicable settlement
involved among the parties.
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D2
The approaches used in the alternative dispute procedure are more considered to be more
convenient and effective for the parties in the decision-making process and also in saving the
business relations and the ethics. This also helps the parties to save them from the
cumbersome process which is used in the hierarchical structure of the court to settle the
disputes (Ware, 2016).
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Conclusion:
It is concluded from the above report that the legal system and the laws are effective in terms
of the overall functioning and the decision making. This also saves the parties from the
unnecessary exploitation and the acts of the harassments. The provisions laid help the parties
to save their time and also helps in the generation of the effective understanding of the laws
and the policy formulations.
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References
 Barnard, C., 2012. EU employment law. Oxford University Press.
 CILEX, 2017. The Legal System of the United Kingdom. Available at:
http://www.cilex.org.uk/about_cilex/about-cilex-lawyers/what-cilex-lawyers-do/the-
uk-legal-system. [Accessed on: 12.02. 2018]
 Cobb, E.P., 2017. Workplace Bullying and Harassment: New Developments in
International Law. Taylor & Francis.
 Health and Safety for Beginners, 2017. Health and safety at work Act, 1974.
Available at: https://www.healthandsafetytips.co.uk/blog/21-management-of-health-
and-safety/25-health-and-safety-at-work-etc-act-1974. [Accessed on: 12.02.2018]
 Langdon, A., 2012. The Fraud Act, 2006, Scope, Deployment & Effectiveness.
Guildhall Chambers.
 Mackie, K.J. and Mackie, K., 2013. A handbook of dispute resolution: ADR in action.
Routledge.
 Martin, J., 2013. The English Legal System, eBook ePub.Hachette UK. Pyper, D., 2017. Trade union legislation 1979-2010. Commons Library Briefing 26
January 2017. Rodgers, L., 2012. The UK Employment Law Review and Changes to Unfair
Dismissal. E-Journal of International and Comparative.
 Slapper, G. and Kelly, D., 2013. The English Legal System: 2012-2013. Routledge. Taylor, S., and Emir, A., 2015. Employment law: an introduction. Oxford University
Press, USA.
 The judicial office international team, 2016. The Judicial System of England and
Wales: A Visitor’s Guide. Available at:
https://www.judiciary.gov.uk/wp-content/uploads/2016/05/international-visitors-
guide-10a.pdf . [Accessed on: 12.02.2018]
 Victoria state government 2017, How laws are made and regulated. Available at:
http://www.justice.vic.gov.au/home/justice+system/laws+and+regulation/
how+laws+are+made+and+regulated/. [Accessed on: 12.02.2018]
 Ware, S., 2016. Principles of Alternative Dispute Resolution. West Academic.
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