Business Law Report: Structure of English Legal System and Laws

This report delves into the intricacies of business law, providing a comprehensive overview of the English legal system. It explores the structure of the court system, different sources of law including legislation, case law, EU legislation, and customs. The report examines the role of government in law-making, detailing the legislative process and the functions of the UK Parliament. Furthermore, it analyzes employer's legal obligations, referencing relevant statutes, and discusses the concepts and benefits of Alternative Dispute Resolution (ADR) processes, recommending suitable legal solutions. The report covers the Equality Act 2010 and Working Regulation Act, emphasizing the importance of legal compliance for businesses.

Business Law

Table of Contents
INTRODUCTION...........................................................................................................................1
TASK 1............................................................................................................................................1
P1 Structure of English legal system and different sources of law.............................................1
P2 Role of government in law-making........................................................................................3
TASK 2............................................................................................................................................5
P3. (a) Employer’s legal obligation.............................................................................................5
P3. (b) Employment and legislation law......................................................................................6
TASK 3............................................................................................................................................7
P4 Appropriate legal solution......................................................................................................7
P5 Justification by referring relevant statues...............................................................................8
TASK 4............................................................................................................................................9
P6. (a) Concepts and benefits of Alternative Dispute Resolution Process..................................9
P6. (b) Recommending alternative legal solution......................................................................10
CONCLUSION..............................................................................................................................10
REFERENCES..............................................................................................................................12

INTRODUCTION
In modern era, it seems that people cannot do anything without consulting an attorney
with anyone. A years ago, law has been crept and clawed in different ways which is helping
person to protect their rights (Asheela, 2016). However, today’s businessperson will be benefit
themselves only when, they have developed their own knowledge regarding laws. Through this
present report, the reader will come to know about different source of law which has been
framed by parliament. Along with this, government has played important part in law-making so
their roles and responsibilities are also explained. Further, employer’s legal regulations have
been discussed with the help given scenario such as; workers compensation, harassment and
many more. Along with this, how these laws will impact on business operation activities has also
been explained. Everyone have right to know about their duties which has been written in
constitutional law. It will help them, to get all rights what they deserve at work place.
TASK 1
P1 Structure of English legal system and different sources of law
Sources of law means origin of law i.e. binding of rules that governing human conduct.
The law of different countries is differing from their origin and which is also surrounded by
different rules and regulations. European law is dealt with other ruling such as union law in
different places. The rule of recognition is an obligation or duty which is imposing rule on
everyone. But this rule does not clearly identify different sources of law; but it directs to judges
to apply laws which has been identified (Blattman, Hartman and Blair, 2014). The government
has framed many rules and regulations and every business entity have to follow these laws on
consistently basis. Structure of English legal system are as follows:
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Figure 1: Structure of English Legal System
(Source: English Court System, 2015)
English Court System is generally divided into two parts i.e. civil and criminal.
Proceedings of disputes are started in lower courts and appeals from these jurisdictions can be
progressed through higher court. If person has committed any serious offence and is liable for
penalty. On other side, civil case is arising between private companies, person etc.
Criminal Court Civil Court
Magistrate court – This is first tier of criminal
justice system, where all serious nature of
offence started. Generally, it considered those
offences which are less serious and carry a
maximum sentence of 6 months.
Crown court – They are dealt with most
serious offence which leads in long prison
sentences.
Court of appeal criminal division – Here,
appeals from Crown courts are transferred to
Country Court – It considered those cases,
where most civil actions are beginning. These
includes disputes between parties regarding
goods and services, money claims.
High Court - In this, appeals from country
court are done. For example, defamation cases,
personal injury, debt recovery are included.
There are several division of court which help
them to hearing appeals.
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Criminal division.
There are different sources of law such as; legislation, case law, EU legislations and
customs. Their explanation are as follows;
Figure 2: Sources of law
(Source: Sources of law, 2015)
Legislation – This is important source in European Union law. It considered many rules
and regulation and take precedence over English law have certain law. This law comprises
primary and secondary legations. Primary legislation acts as a parliament which is also known as
statues. Whereas, secondary legislation, is also known as delegated legislation. In secondary
legislation, parliament has granted some specific powers to local authorities and public
authorities for making some regulation for specific purpose. The function of this act consists of;
Codification (which is founded in case law, common laws), Consolidation (it merge legislation
statutes into one), revenue collection (parliament of every country, introduces finance act every
year for proper allocation of budget) and many more.
The piece of legislation starts with bill and it became an act of parliament until and unless
it goes through a lengthy approval procedure in both houses. When bill goes through both houses
and it need amendments and votes at every stage. So bill can be voted out in different process If
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bill started at house of common than is necessary, that bill will be passed house of lords and vice
versa (Chodorow-Reich and et. al., 2012). However, if bill has been passed from both houses,
then bill was representing in front of prime minister and to get sign from them. at this point bill
becomes statues or new act of parliament.
Case law – These law is made up of judgment or decision which are built by higher
courts so that they can interprets, meaning of statutes. If any hearing is coming with judges and
the decided of these case laws can be taken on the basis of existing rules and these are applied in
similar cases also. Case law includes both civil and criminal cases. In civil there are two parties’
plaintiff and defendant and in such case, plaintiff have to prove that defendant has committed
offence. But in criminal case, defendant has to prove that, they have not done any serious nature
of offence.
EU legislation - This law has become the part of English law. This law overrides those
parts which are against EU legislation. If any conflict has been arising between EU and European
law, then EU law will prevail. European body has created this law which consists; draft was
proposal by European commission, then debate on the proposal of draft has taken place in
European parliament whether to accept or reject, or put forward for amendments (Collins, 2012).
After this, minister of European council enacts legislation. Once the bill was approved by
council, then it will become law.
Custom – Custom law is foundation of common law and it is oldest form of English law.
The custom law is applying to whole of country or in local area also. But nowadays, this law is
disappeared. To know that, custom law exists or not, then it is essential to apply some rules and
regulation. This law will become valid on when, it is existed continuously without taking a
break, reasonable, certain, consistent or not be link with any other law.
Here are some following acts which has to comply with organisation in order to provide
legal services to customers as well as employees.
Equality Act 2010 – This act replaced anti-discrimination act, where employers are
discriminating employees in terms of gender, caste, religion etc. This act provides legal
framework to employees to protect their rights at work place.
Working regulation act – This act applies to all employers which stipulate minimum rest
breaks, weekly rest. An employer is responsible to set rule that any employee who is working in
organisation, time is not more than 48 hours per week.
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P2 Role of government in law-making
The government play essential role in making laws with parliament. When any law
passed parliament, then they are also taking advices from them, that in which sector these law
should be apply. A statue begins when bill is proposed by legislator in house of parliament. The
bill is surviving in legislative committee process and it became essential that, it should be
approved by both houses. The bill should be passed by both houses along with necessary changes
or amendments are made, wherever it is required. After this, bill has to be signed by executive
officer of parliament (Davidov and Eshet, 2015). However, bill become law when it was signed
by executive officer of parliament.
The following are steps of bills, which must be go through in both houses of parliament,
so that it can become law.
First reading – Bill arrives in parliament.
Second reading – In this, debate has taken place for the purpose and identify key arears
of proposing bill in parliament.
Committee stage - In this, scrutiny take place with detailed changes in bill. The vote has
been taken in houses whether, it require to make changes in bill or not.
Report stage - More amendments are requiring if proper changes has not taken place. for
this, vote take place in order to decide that whether to make changes or not.
Third reading – This is tidying up stage. Final chance is given to committee for making
amendments with the help of votes.
Royal assent – When both house of parliament are agreeing with the final content, then
bill is approved by Queen and bill become law.
The bill which has been implemented by parliament, government have to see that it is
given benefit to country or not. The person is electing government for their own benefit so that
decision can be made in favour of them. The government who have win election, then they got
right for five years to make rules and regulations for benefit of country (Estreicher and Hirsch,
2013). But, government does not have any right to implement any new law or rules without prior
permission from parliament. Firstly, government have to take permission or participate in
making law with the help of parliament. In short, if government want to impose anything or
make amendments in any law, then it is essential to take permission from parliament. Further,
local bodies have to also saw that whether general public is facing problem while implementing
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any regulation. The lords are playing vital role in improving bills with the help of taking
feedbacks from general public and highlighting problem and making them effective. Parliament
of UK is performing various function, to represent their thoughts in front of citizenship.
Legislatives are conducting strengthening programmes for parliaments and having a key
component in targeting law-making capabilities. The legal process regarding common laws is
process which begins with research analysis, which is relevant to cases and accordingly order is
passed in direction to determine whether common law is applicable. The lower courts are bind
with the rules which are framed by higher courts, whereas, statutory laws are already written, it
just needed to applied in specific cases. The government have to protect their all rules and
regulations which are framed by parliament so that, any offence will not take place (Farinacci-
Fernos, 2013). These rules are reducing transparency and accountability of democratic
government in country.
In country of UK, two laws are also applied i.e. common and statutory which help to
judges in making better decision in favour of plaintiff or defendant. Common laws are developed
by judges which is based on preceding. Judges are giving decision on the basis of laws which has
been formed over 100 years. These laws are also known as case law. Other side, government
bodies are having authority to pass statutory laws. In this, new rules and regulations are also
framed for protecting the rights of citizens on which they are facing obstacles.
M1
Legal system of country consisting of written or oral constitution also includes primary
legislation which are enacted by legislative body. It is essential for countries to follow with all
rules and regulations in order to protect the rights of individual. Citizens of country are
implementing these systems in effective and fair manner. Well-functioning of civil-justice
system will protect the right of all citizens against infringement of law. These laws will ensure
about the security outcomes and control the crimes. Proper education will also provide to
individual and at work place equal opportunities are there for employees at work place. While
following these all rules and regulations people also came to know about hierarchy structure of
court.
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TASK 2
P3. (a) Employer’s legal obligation
There are many acts which are framed by government in the context of employers.
Through this, employers are become aware that which right they are having. At work place it is
essential, to apply many rules and regulation which is related with employer’s right. Here, are
some following act in relation to legal obligation;
Occupational safety and health act – This is primary federal law which governs in
private sector. This act provides legal framework and tools to organisation in achieving their
business goals. In this, it set out rights and duties of all employers at workplace. It helps to all
organisation in dealing with those procedures which is related with hazards at work place. This
act makes clear that, employers have more responsibilities related with health and safety at
workplace (Hart and Green, 2012). All employees have responsibility for promoting compliances
of health and safety as statutory requirements of act.
Workers compensation – This is related with insurance which provide wage replacement
and medical benefits to employees. It is mandatory for every organisation to provide
relinquishment which is related with employees. There are some obligations which imposes on
employers such as; to provide healthy environment, providing safe tools, giving warning
regarding using dangers equipment’s in which employees can retain in organisation for a long
period of time. The laws which are designed to ensure employees who is suffering from injured
or disabled are not required to cover all medical bills. The employees have obligation, to get all
compensation which is related with injury, so that they can protect their rights.
Harassment – The Protection from Harassment Act 1970, is passed by parliament of UK.
The main aim of this bill is to protect the victims of harassment. It includes racial harassment,
anti-social behaviour by neighbours and many more (Klyver, Nielsen and Evald, 2013). As per
section 3, it provides claims for civil proceedings to victims which has been falling under section
1. It deals with the problems of stalking. It covers range of behaviour which are performing by
employers at work place and distress victim.
Equal opportunity – According to Equality act 2010, it prohibits discrimination at
workplace in provision of training and education are provided by any organisation. There are
many grounds such as; age, gender, religion, disability etc. which are facing by many employees
at workplace. The discrimination at workplace occurs in different ways i.e. direct and indirect.
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All employees in organisation have equal opportunity to get equivalent rights at workplace.
Through this, it motivates them to do their work in appropriate manner.
P3. (b) Employment and legislation law
Employment act is governed for the rights of employees at workplace. This act tells about
all rights of employees. This includes all type of employment protection measures which can be
taken by employers in order to perform their function in appropriate manner. the protection of
employees includes legislation regarding hiring and firing of employees. as per given scenario,
health and safety act, 1974 will consider. In this act, Health and safety executive are responsible
for work legislation at workplace. It is responsibility of employer to protect the rights of
employees from dangerous activity (Mohamed, 2014). As this act requires; provide adequate
training to staff which will ensure about their health and safety, safe operation and preservation
of working environment and system, adequate provision of welfare for staff at workplace and
many more. Employers have duty to keep and revise all written records of health and safety
policy in regard to perform their functions properly. At workplace, it become essential for
employers to provide equal rights to employers so that they can also perform their duties in
appropriate manner. so, government has framed many rules and regulations for employees right
at workplace.
Contract law means where two or more parties are forming contact and legally binds by
court of law to perform their all terms and conditions which are specified. There are various
elements of this law which has to be fulfil by both the parties. Such as; capacity, acceptance,
offer, consideration, mutual understanding. In this law, tort of negligence is there. In this act,
first person is liable for non-performing of their duty and creating law of negligence. The
defendant owned them for a duty of care.
As per given scenario, a 16-year-old girl is working at fast food outlet. She got slipped on
water which is leaking from an ice-making machine and her hand was break out. Along with this,
unfortunately, her hand also went into deep fat fryer which is containing oil at a temperature of
360°F. On that day, the staff was short when accident take a place and team leader was working
on trills instead of monitoring the safety of employers at work place.
The impact of these both act is, as per employment law, organisation cannot allow a child
who is below 16 or 18, to do work in their outlets (Ridley‐Duff and Bennett, 2011). On other
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side, impact of contract law is that, team leader is responsible to monitor all activities which are
performing by employees at workplace .
Team leader of outlets are responsibility to monitor all activities whether there are few
number of staff are present. If any damages have been take place, then they are responsible for
compensating amount to injured girl.
TASK 3
P4 Appropriate legal solution
Redundancy is form of dismissal from job. It generally reduces when employers need to
eliminate their workforce. But employees get certain rights in redundant such as; notice period,
consultation with higher authority, time off to find a new job and many more. There are many
types of redundancy such as; unfair, wrongful dismissal and many more.
Section 96, Unfair dismissal means where employer is terminating any employee without
any reason. The organisation cannot terminate any employee without giving them notice period
or any insufficient reasons. Here are some categories which are included in unfair dismissal such
as; employee lacked in capability or qualification, there was a genuine redundancy etc. The
following are some situations in which organisation is likely to dismissal any employee unfair.
 Joined a trade union.
 Healthy and safety activities.
 Disability
 Marital status etc.
Wrongful dismissal, is describing situation where contract of employment has been
terminated by employer of employee’s. If termination takes places of breaching one or more
terms of contract, then it follows a wrongful dismissal in terms of employment act (Stainback
and Tomaskovic-Devey, 2012). The following are items which are listed below which may
constitute a wrongful termination:
 Discrimination
 Retaliation
 If any employee’s refusal to commit any illegal act
 If employees are not following own termination procedures
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As per given case scenario one, Calvin is working for a large fashion house since four
years. His employer Donna, arrives office on Monday morning and finds that there is missing of
£100 from petty cash book. Despite this fact, Donna dismiss Calvin without giving any notice
period and saying that “would not be the thief like Calvin working there any more”.
As per unfair dismissal act, Donna cannot terminate Calvin without giving any notice
period of one-month because his probation period is also finished. If Donna wants to terminate
him, then she has to gives him one-month salary. On other side, if Calvin has been terminated,
then he is having right to sue against Donna in court and recover the loss amount.
According to the provision of Insurance act, it applies to all contract of insurance and
reinsurance can be issued after that date (Tongxian, 2012). There are some remedies which are
available for insurer’s such as; if insured person have breach any duty of fair presentation, so
insurer can avoid policy and keep all premium amount.
In given scenario 2, Kevin’s father running Dan stores. A fire destroys his stores.
Eventually he had opened his new store in other location and at the same time he applied for fire
insurance. But, bank refuses to claimed the amount on the basis of that, he had already claim
damages which was 2 years previous ago. So insurance company refuses to pay him claim
amount. As per provision of insurance act, there is no any time bound while claiming money. So,
person is having right to claim damages against fire at any point of time. If any insurance
company refuses to give such amount, then second person is having right to suit against them.
Dan is having right to claim damage amount, as in provision there is no any time period
written regarding to recover the amount. Further, if insurer company refuse to do this, then Dan
is having authority to sue against them to recover the damaged amount.
P5 Justification by referring relevant statues
The above act unfair and wrongful dismal will also impact on organisation in different
ways. For example, if they are terminating any employee without any sufficient reason, then it
will impact on their reputation also. It is responsibility of organisation, if they are terminating
any employee then they have to first issue notice period for terminating them. with reference to
given case of Calvin, which is leading in immediate termination of employees, the company have
to provide them a legal solution to them. It is essential for organisation to provide them a
minimum period for consultation before taking any step for cessation which is also laid down
Employment Act. Moreover, employer have responsibility to pay entire amount to employees at
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