Business Law Report: English Legal System, Impact, Solutions, and ADR

This report provides a comprehensive overview of the English legal system, including its structure and various sources of law that organizations must comply with. It explains the roles of government in law-making, differentiating between statutory and common law, and how these laws are applied in justice courts. The report further analyzes the impact of law on business organizations, particularly concerning occupational health and safety, and workers' compensation. It delves into legal solutions for business problems, specifically addressing a workplace accident involving a 16-year-old employee, and justifies these solutions based on relevant legislation, such as the Employment Rights Act 1996 and the Health and Safety at Work Act 1974. The report also explores the benefits of Alternative Dispute Resolution (ADR) and offers recommendations for resolving the given business issue, emphasizing the importance of safety regulations and employee welfare. Finally, the report highlights the significance of insurance policies in mitigating risks and ensuring employee protection.

BUSINESS LAW

Table of Contents
INTRODUCTION...........................................................................................................................1
SECTION 1......................................................................................................................................1
P1Structure of the English legal system and the different sources of laws that organisations
must comply with........................................................................................................................1
P2 Explain the role of government in law-making and how statutory and common law is
applied in the justice courts.........................................................................................................3
SECTION 2......................................................................................................................................4
P3 Impact of law on business organisation: ...............................................................................4
SECTION 3......................................................................................................................................7
P4 Legal solutions for business problems: .................................................................................7
P5 Justification for the solutions ................................................................................................8
SECTION 4 .....................................................................................................................................9
A. Benefits and Concept of using Alternative Dispute Resolution ............................................9
B. Recommendation for the given business issue. ...................................................................11
CONCLUSION .............................................................................................................................12
REFERENCES..............................................................................................................................13

INTRODUCTION
Any activities that impacts negatively the physical and emotional health of the employees
are treated as unlawful and punished accordingly. The English legal system and the sources of
law are explained in this report. Application of statutory and common law and the role of
government is explained in this report. Employees working in an organisation has certain
benefits regarding their health and compensations are detailed, also, their health and safety,
harassment and equal opportunities are detailed. Impact of workplace safety and justifications
are mentioned under Employment Right Act 1996 are explained below. The dismissal of contract
as per the requirement of the agreement in case of misuse of the contract as well as the breach of
the contract. Keeping in mind about the safety of the employees in case if fire injuries are
incurred and their benefits by insurance policies are detailed below in this report.
SECTION 1
P1Structure of the English legal system and the different sources of laws that organisations must
comply with
Legal system can be defined as the system of laws which an organisation must have to follow in
case of any conflict for the smooth running of an organisation and to work in an effective way.
STRUCTURE OF ENGLISH LEGAL SYSTEM IS AS FOLLOWS:
SUPREME COURT-->CRIMINAL-->COURT OF APPEAL--> CROWN COURT--
>MAGISTRATE COURT
SUPREME COURT-->CIVIL-->COURT OF APPEAL-->HIGH COURT OF JUSTICE--
>COUNTY COURT
In the hierarchy of English legal system, supreme court comes at the top and hence its decision
are binding upon all the lower court of justice, that is, the decision of higher court is binding
upon all the Lower courts. Court of appeal comes below supreme court in hierarchy and is

divided in two parts criminal and civil and decision of these binds other lower courts. If there are
any conflicts court has to decide which decision has to follow, and the court of appeal must
follow the decision given by the higher court. Criminal decisions has to be taken with care
according to an individual so they have to comply with more obligations. High court are bound
by the court superior to it and has to follow the decisions of high court and the court of appeals.
Comes below it is the crown court whose decisions are though considered as persuasive but are
not bound by these decisions. Magistrates and County courts comes at the end ,means they are
not bind by their own decisions. They do not have binding effect on any other court and has to
rely upon superior courts for their decision making in case of any conflicts. Before giving any
decision court has to consider all the facts at the particular situation in order to decide in a
prudent way. In case, if the organisation is not satisfied with the decision given by court , the
court have to reconsider the facts and figures again and resolve the problem prevailing at the
particular time. So, every organisation has to follow particular structure of laws to solve any
problem and so has to comply with different sources of laws. Sources of laws means the origin of
the rules that helps any organisation to govern its affairs in a better way. The sources which helps
the organisation that are Constitution, It is the supreme law of land for the country and serves as
the best way as rules are made concerning the welfare of the people, so organisation can derives
its legal part taking help of this. Other source is legislature, It consists of the legislative body of
the country which helps in making laws and it derives it power from the article laid in the
constitution. With that the other factor is executive, It refers to the highest officer of the county,
that is, the President, who signs bill, issue executive order and make treaties. The most
significant factor is judiciaries, They include panel of court whose decisions are binding upon
any organisation. Another source is administrative agencies, they include government bodies
created by the legislature. And the other source is international organisation, they can also help.
For example:International Court of justice which is a judicial branch of United Nations etc.
So, above are some ways by which any organisation can derive their sources of laws to
work in a better way.
P2 Explain the role of government in law-making and how statutory and common law is applied
in the justice courts.
Sovereignty is the oldest form of government in United Kingdom. In a sovereignty, king
or queen is Head of state. The main role of government in law making is to review, alter, revise,

pass laws. A suggested new law is called a bill. In UK rules, regulations and laws, everything
revolves around the ruling government. If the Government has a majority, the bill is then proceed
by House of Lords. Lists of changes are suggested by the active members and discussed in detail
during reading stages. The assembled list shows each changes in order, after the discussion of all
the changes, the role of government is to state that whether they are accepting or rejecting the
proposal. If the government deny to accept the changes, then the person who suggested it can
withdraw it or call for division. Most new laws passed by Parliament result from proposals made
by the government. Law-making process is very much influenced by the government. The merits
and demerits of various policies are discussed in cabinet committees, the Legislation Committee
takes the final decision whether to accept or reject the proposal. A bill is a suggestion for a new
law, or a suggestion to change the existing law. The Legislative Branch of our government
construct the laws, the Executive Branch of our government implement our laws. The President
is the head of Executive Branch, which makes laws official. Before becoming a law a bill goes
through various stages:
First reading : The procedure starts with the first reading which is just a formality in both houses.
Second reading: Then comes the second reading, In the house of common the Bill is presented
by a government minister, then all the views and opinions are heard.
Committee Stage: When Bills clear the second stage, they are referred to a standing committee
for examination. Some bills like the annual Financial Bill, can be divided between a standing
committee and a committee of the whole house.
Report stage: Then comes the report stage, the examined bill must report its decision to the
whole House of Commons within two weeks, so that all the members have opportunity to
propose suggestions.
Third reading : In this stage the final draft of bill is reviewed. In the house of Commons, the Bill
cannot be amended substantially at the third reading. The role of Lords is complementary and
their legislative power limited by the Parliament Acts of 1911 and 1949.
The Royal Assent : This is the last stage, The Royal Assent is given by the Queen to the Bill that
has completed all the parliamentary stages, and it is declared to both Houses. The Royal Assent
is a formality and has not been refused since 1707.

Statutory law is the term used to define recorded or registered laws, statutory laws are
different from the administrative laws. Statutory laws are strictly interpreted by the courts, strict
construction means that courts are generally not able to read between the liens of a statute in
order to liberalize its application. The International Court of Justice is the chief judicial organ of
the United Nations. Statutory laws are based on certain rules and policies, it is the term use to
define written or recorded or registered laws which are strictly implemented by the court.
Statutory laws are followed by most nations in the country.
Common Law arises as a pattern, it is that body of law obtained from judicial decisions
of the courts and similar panels. In some cases or situations where the parties disagree on what
actually law is, a common law court looks to the past legal decisions of relevant situations and
compare the decisions of past cases with the current facts. If a same dispute is resolved in the
past then it is mandatory for the court to follow the reasoning used in prior decision.
Creation process of both statutory law and common law is very different from each other.
Statutory law is made by the Government and common law comes from the similar patterns. In
some cases statutory laws are explicated differently by different people, when the meaning of
law is disputed in that case common laws are very beneficial but when the situations or facts of
the cases are unique then in that case there is no as such precedent is available, these are called
cases of first impression. In such situation judge's decision will essentially form a law.
SECTION 2
P3 Impact of law on business organisation:
Occupational health and safety: For the safety of workers at the place of work, certain laws are
enforced by government. One of them is health and safety at work Act of 1974. Government of
UK enforced law for the welfare of workers. Issues related to safety and guidance are enforced
on proper legislation (Beatty, Samuelson, and Abril, 2018).
Including environment of workplace and maintenance of plants and machineries and
systems. Sufficient trainings are provided to the workers to get well know about the operations
within workplace and work safely. Safety from fire and any-kind of usage of harmful chemicals
are instructed and trained accordingly to avoid accidents (Clarkson, Miller, and Cross, 2014).

Law also focused on the ventilations and room temperature at the place of work which can effect
the health of the workers. Also, smoking is prohibited in workplace with penalties and fine
charges. The health of the workers are taken into consideration and they should be well treated in
case of any kind of healthcare is needed to them, that should be provided on time.
Instructions regarding the handling of the dangerous chemicals and substances storages
should be well trained to avoid injuries or burns. Working time including the maximum and
minimum hours are imposed by government by considering the required rest and health care of
the employees. Breaks are provided to take lunch, snacks etc., (Harner, and Rhee, 2014). Trainings
are suppose to be provided in order to avoid any kind of mishap.
Issues related to health and safety act of 1974:
According to the scenario, with the help of health and safety act of 1974 in work
place, irresponsibility is seen which are made by the employer, as the icing machine was
leaking and by this 16 years old girl fell on deep fryer by which she got burned apparently.
The safety of the place of work are not considered by the supervisors regarding the safety
of the employees. The girl should be provided with the medical treatment effectively to
protect her and employer can be imprisoned if in case girl sue him. As per the health and
safety act.
 There should not be slippery floors by which employee may get fall and get injuries.
 Necessary hospital facilities a per the act are avoided in the place of work where girl
Fall.
 The team leader should be punished due to improper supervision.
 Leaking ice making machine should be scrutinised to avoid such acts in the future.
Workers compensation:
Compensations are provided to the workers regarding their treatments and replacement of
wages. If an employee gets injured at workplace without fault and carelessness, then the
employee has the right to get leaves without deduction in salary including the medical facilities
to get recovered. In case of disabilities, employee is eligible for the benefits in disabilities and
insurance provided by organisation for incurring of these mishaps. Also, the employee has the
right to join duty after recovering without any deductions.
There are no compensations for general sickness and pains and sufferings (Ball, 2015). Employees
liability insurance is provided for the benefit of employees excluding committees, joint

committees, local authorities, police authorities and others who are finance out of public
funds.With a contract of service when a person enters into work with an agreement to perform
certain activities inside the organisation as per knowledge and experiences, are entitled for
benefits and workers compensation.
Certain types of incidents are not calculated under workers' compensation, when employee is
drunk as resulted in alcohol testing. In this case the organisation has right to deny from
compensating the employee.
Injuries incurred while mutual fights and violences then the insurance does not cover such
benefits (Allen, and Kraakman, 2016).
Harassment:
Any kind of discrimination at place of work is not tolerable, defining sex, caste, colour, income,
superiority, etc., are termed as unlawful and employees may penalised and prohibited from
workplace. Workplace harassment can be termed as any kind of misbehaviour which creates
annoying atmosphere. This can be also understood as bullying, molestations, creating difficulties
for other workers by abuse, dominating, are highly unlawful as well as immoral. The increased
situations in harassment is disabilities, targeting women's, racial minorities as well as sexual
harassment these activities are punishable in eyes of law once it is proved.
Physical and emotional health of the workers gets affected when a group of employees
repeatedly misbehave or irritates the rest employees or nay single employee.
To prevent and protect the employees certain laws are enforced for the protection of employees
at work place.
Unwelcome letter and notes, any kind of physical touch which makes the other employee feel
uneasy at workplace, or threatening the employees for performance of unlawful activities are
sentenced as punishable and also the doer including the management prohibits to take necessary
actions sentenced as punishable.
Victims has the right to complaint about harassments and take actions against legally.
Equal opportunities:
Without getting discriminating the non job factors of the employees such as, language,
caste, colour, religion, disability, etc., each and every employee has the right to work.All
employees have the equal right to get benefits of the trainings and knowledge and chances of

developing in the workplace. Also, right to get compensation in case of medical urgency and
disability without partiality can availed by the employees.
Opportunities to get legal actions against any kind of harassment incurred within the
place of work can be filed as they have equal opportunities (Blount, and Nunley, 2015).Barriers
should not be created for other employees by taunting them with nationality, caste, etc.,Men,
women, disabled workers has equal rights and opportunities for benefits and compensations as
swell as promotions to move further.
Any kind of inequality in their proceedings will be treated as unlawful and necessary
actions are taken by the authorities. But in case the authorities fail then, these kind will be treated
legally by suing both the doer and organisation. A complaint has to be lodged and after all the
submissions of comments and questions from the authorities necessary actions are taken as per
rules. Every worker whether they are men or women have equal rights to get the respect as same
as other employees.
SECTION 3
P4 Legal solutions for business problems:
In case of any kind of unlawful activities performed by the employee the employer has
the right to dismiss the employee as per the requirement of contract. The given business scenario
needs effective legal solution in order to resolve the issues.
Case 1 – Calvin is a fashion designer in fashion house. He is employed in the company since
four years. In this case the employer has found Calvin suspicious and checked the cash box, £100
is missing in the cash box. The employer did not perform any investigation and blamed Calvin as
a culprit. The owner dismissed Calvin without any notice for termination, it is completely wrong
attitude of the employer or owner of the fashion house Mr. Donna. In this situation Calvin has all
the rights to legally take action against the employer for the unfair dismissal from the
employment.
According to the business law boss needs to offer opportunity to demonstrate possess self. Aside
from this one month see period is important to give by business to its representatives. It is
considered as rupture of law. Business person was not having legitimate proof of missing of
£100 from the money box that whether Calvin has taken it or some other individual has done it.
Accordingly, without adequate proof if business end any labourer on quick bases then it is totally
unlawful. Calvin has ideal to document body of evidence against the Mr. Donna in view of out of

line rejection. Boss is at risk to pay remuneration for its wrong conduct and uncalled for end
(Kotiswaran,2014).
Case 2: Kevin's dad Mr. dan was the proprietor of comfort store. A fire has exterminated the
shop completely. Proprietor has opened new shop at new area and has asserted for flame
protection. Because of absence of information and miscommunication Mr. Dan has filled wrong
data in the strategy shape. That is the reason back up plan has declined to pay the claim
(Lieberman and et. al., 2016). Contract act 1950 segment 26 applies in this regard. It is
fundamental for the petitioner that to advise amend data to the individual. On the off chance that
there is any concealed data found at the season of examination them inquirer won't have the
capacity to get the remuneration. At the point when individual taken any strategy at that point
contract make amongst back up plan and individual. Individual who is taking protection strategy
sign the frame and announce that all points of interest that have been filled in the arrangement
shape are right and there is no concealed data (Labatt and Forrest2016). For the situation safety
net provider found that Mr. Dan has given wrong data which was totally off-base. Accordingly,
individual isn't at risk to get remuneration for his misfortune.
P5 Justification for the solutions
The employer or owner for any organisation do not have any rights to dismiss or
terminate an employee without any prior notice or on immediate basis as it unfair or against the
law. Each and employees as respective rights to take legal actions against this activity of an
employer, he or she can claim against the unfair termination according to the employment rights.
Calvin had worked in a fast food company for 4 years which determines his loyalty and good
performance at the work. Mr. Donna when entered in to the workplace he saw Calvin and
doubted on him, and the owner found that £100 is missing from the cash box. The owner of the
company terminated Calvin without giving him any chance for justification or notice for the
termination. The Employer can terminate an employee if he or she is not satisfied from his work
or performance but they need to provide prior notice for the termination. This notice period is
meant to be a chance to improve the performance of the employee. In the case of Calvin, it is
clear that he was a hard-working and skilled employee but only because of a doubt his employer
terminated him. Therefore, Calvin can take legal actions and claim against his employer
according the employment rights. The employer needs to pay compensation if found guilty by

the legal authorities. The employment rights provides this legal power to every employee
working in an organisation, they can claim any unfair termination and the legal authorities will
take effective actions against the employer if found guilty.
According to the second case of Dan, proprietor of the organization has asserted for
getting fire protection. According to the fire protection approach act and contract act it is basic to
reveal all data. It is basic that both included gatherings don't conceal anything from every others.
On the off chance that this happens then it would be break of law (Kumie and et.al., 2016).
Insurance agency keep up records of their its approach takers. They explore case and view the
detail that has been filled by the individual in the protection while taking strategy. Mr. Dan has
said that he has not taken any claim of flame protection. It was the miscommunication or because
of absence of information. He imagined that this inquiry is connected for 2 year in any case it
was for the 23 months. Therefore, these data discovered wrong and along these lines, choice of
flame safety net provider was right to wipe out the claim. In any case, in this regard, Mr. Dan
was having rights to state that nobody has educated about this term to him, that is the reason he
has addressed this inquiry according to his own understanding (Kitagawa,2016). It was the duty
of manager that to advise each point to the individual so no perplexity happens. It was the
oversight from the two sides.
SECTION 4
P6 - A. Benefits and Concept of using Alternative Dispute Resolution
The Alternative Dispute Resolution (ADR) can be described as the process through
which different parties can resolve their issues and problems effectively. This process refers to
any ways for settling an issue or dispute outside the courtroom without any interference of the
legal authorities. The Alternative dispute resolution includes elements negotiation, neutral
evaluation, mediation and collaborative law. The Dispute case of Tyrell and Antwon is an
extended case and in order to resolve this case the collaborative law and mediation methods will
be the most effective and beneficial techniques that can be used. The Alternative resolution
process can be used in order to resolve the workplace issues and problems and is very helpful in
creating an effective workplace environment. These process is simple and effective, the parties
remain safe and away form legal actions or harm. The parties involved in a particular dispute
gets a major benefit of keeping the dispute confidential. It also avoids any harm to market image
or brand image among the people.

Source: (Alternative Dispute Resolution Methods. 2013)
Mediation refers to a process which enables both the parties to communicate or interact with
each other effectively for identifying the main cause of a particular dispute. According to this
method or technique the third party listen to both the parties, analyse the point of views of both
the parties and provide the best solution for the dispute. The agreement on a decision made by
the mediator or third person needs to be taken by both the parties with mutual understanding.
The alternative dispute resolution process consist of arbitration which is also an effective process
of resolving a dispute between two parties. In this process arbitrator is the mediator who plays an
important role in resolving a dispute among various parties or the involved individuals. It is an
effective process for resolving dispute within national and international commercial transactions.
In the case of Tyrell and Antown alternative resolution process can be very beneficial and
effective for getting to a proper and best solution(Crane and Matten,2016).
Various benefits of the Alternative dispute resolution process
Illustration 1: Alternative Dispute Resolution process