Business Law Report: English Legal System, Employer Obligations, ADR

This report provides an overview of the English legal system, detailing its structure, sources of law, and the roles of civil and criminal law. It explores the government's role in law-making, including statutory and common law, and examines employer legal obligations concerning occupational health and safety, worker compensation, harassment, and equal opportunities. The report analyzes a business scenario involving a workplace accident, identifying relevant employment and contract laws. It then proposes legal solutions for business problems, justifies these solutions, and assesses the positive and negative impacts. The concept of Alternative Dispute Resolution (ADR) is also discussed, with recommendations for its implementation in the analyzed business scenarios. The report concludes by evaluating the effectiveness of the recommended ADR methods.

BUSINESS LAW

Table of Contents
INTRODUCTION...........................................................................................................................1
P1 Structure of English legal system and different sources of law which are necessary for the
organisation to comply...........................................................................................................1
M1 The effectiveness of the legal system..............................................................................3
P2 Role of government in law making and the implication of statutory and common law in
court........................................................................................................................................3
P3 a) Employers’ legal obligations in context to following...................................................4
b) The relevant employment and contract law which have potential impact on business
scenario...................................................................................................................................5
M2 The potential impacts of regulations, legislation and standards in accordance to scenario. 6
P4 Legal solutions for each business problems......................................................................6
P5 Justification for each solution...........................................................................................7
M3 The positive and negative impacts of legal solutions to the business problems..............7
P6 a) Advantages and concept of implementing ADR process..............................................8
b) Recommendation of Alternative Dispute Resolution method according to analysed business
problems.................................................................................................................................9
M4 The effectiveness of two different recommendations......................................................9
CONCLUSION................................................................................................................................9
REFERENCES..............................................................................................................................11

INTRODUCTION
Business law acts as tonic for an organisation as it enables various workplace rules and
regulations which assist the companies in providing satisfactory working environment to
employees and establishing stable functioning of business operations (Lieberman and et.al.,
2016). The report will evaluate the structure of English legal system and the laws which are
enforced by government and is mandatory for enterprises to comply such as health and safety,
human right law etc. Further, it will outline the employer legal obligations for worker
compensation, harassment and many more factors. Moreover, it will determine various business
scenarios and legal solutions to their problems. Thus, it will analyse the concept of Alternative
Dispute Resolution (ADR) process which assist people in sorting their issues out of the court
with the help of third party.
P1 Structure of English legal system and different sources of law which are necessary for the
organisation to comply.
The English legal system is based on two major laws that is Civil and Criminal. No
individual has the right to make amendment in legislation as the guidelines are framed by UK
government and justice system to protect public and constitutional importance. The acts and
regulation are enforced to suggest court the appropriate punishment for the unlawful and wrong
activities. Further, in this system the ultimate and final decision-making power is in the hands of
Supreme Court whereas there are various courts who proceed the case and make judgement that
is court of appeal, crown court, county court, magistrates and tribunals. The English legal system
comprises:
Civil laws: Civil laws are enforced to resolve disputes of two parties like suppliers and
company, employees and firm, customers and enterprise etc. This handles cases like misleading
of information, frauds, cheating, unethical practices etc. Thus, the civil cases are handled by
court of appeal, county courts and high court.
Criminal laws: These laws are enforced to protect the interest of people who are accused,
offended or found abiding the rules and regulation which are mandatory to be followed. Court of
appeal, crown court and magistrate court are responsible for handling criminal cases.
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Hence, parliament has the authority of amend legislations the per changes in criminal and
civil activities in country. The legal framework of country is described under:
Legislation: Legislation states when the members of parliament brings the topic in
consent which is related to large group of population. The government ensures that the consent is
viable and is of public interest. It needs three-four reading to convert bill into a provision.
Case laws: Case law is formulated in order to provide clear framework of provisions by
parliament. It assists in preventing errors and misinterpretation of information. In this
government frames regulations keeping in mind the changes in crime and civil activities of
country (United Kingdom Law: Case law, 2015). Apparently, all the amendments in case law are
made with the prior approval of parliament.
Laws by European Union: The legal framework of UK is influenced by European union
legislation which assist the country in framing appropriate regulation especially with regard to
protection of human rights (Harbo, 2010). However, now the separation of EU law from UK law
which is termed as Brexit has hindered the entire framework of UK human right regulations
because now the country is responsible for framing its own regulation for protecting human
rights.
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Illustration 1: Structure of ENGLISH LEGAL SYSTEM

M1 The effectiveness of the legal system
 In accordance to recent reforms and development, the Legal system is the most effective
way to providing fail and effective decision.
 It establishes a base for judicial system to formulate decision according to the case
scenario.
 It set standards and regulation for the society against civil and criminal activity.
P2 Role of government in law making and the implication of statutory and common law in court.
Government is the most crucial part in law making process of UK; the process of law
making is as follows:
Beginning of problem: In this, the political leader when fighting of the election the
political leaders discovers various issues faced by society which can be improved. Therefore,
after analysing the whole situation the leaders promise society for improving the condition.
Analysing issue: The government approves the permission after addressing the problem
and it is important for the leader to make promise for valid problem like, education, health
measures, interest rates etc. Further, in order to make changes, it is important for the leaders to
ensure that both the standing party in election agrees to change.
Consulting people who are involved: In this at the time of making of law, the government
aims at evaluating the interest of people who are involved in changing process. Further, the
government launch a white paper which comprise all the changes in legislation in order to
protect the interest of society.
Approval of Cabinet Minister: After considering all the requirements and interest of
people, the government takes approval from cabinet minister because the ministry will further
pass the bill in parliament for further consent.
Converting proposal into bill: After consulting the proposal with cabinet ministers, it is
the responsibility of ministers to prepare Bill with overall instruction. In this, the professional
lawyers convert the bill into legislation.
Bill comes to scrutinizing: The entire house of parliament considers the bills and its
proposal and is approved with MP's and house of commons which are crucial part of house of
lords.
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This is the entire procedure which is involved when the idea is formulated into legislation
keeping in mind public and constitutional importance. Thus, this procedure can be amended at
any cost.
P3 a) Employers’ legal obligations in context to following
1. Occupational Health and Safety: Occupational health and safety is the factor which assist
the firm in providing appropriate working conditions to employees. It is important for the
company to provide healthy and safe work environment to workers in order to prevent
them from hazardous incidents. Further, employer is responsible for providing safe and
protected working environment to its labourers. There are various health and safety
regulation enacted by UK government to protect the right of workers. It is mandatory for
the organisation to comply with all the health and safety legislation in order to provide
safe working environment to employees such as Health and Safety at Work Etc Act 1974.
The act enables strict framework for work environment which is the best way of
formulating structure and boosting employee’s morale (Robson, Stephenson and Peters,
2012). Apart from this, the organisations are liable to make workers aware about the
hazardous substances places at work place to prevent accidents (Groeneveld, S. and Van
de Walle, S., 2010).
2. Workers compensation: Worker compensation is the specific amount of money which an
employer is liable to pay employee at time of some hazardous accident and injuries. This
right of workers is regulated by government to protect the interest to employees who are
working for the organisation with loyalty (Berkhout, Hartog and Webbink, 2010).
Providing compensation to labourers assist the company in developing trust on employee
which helps the organisation in improving workers working efficiency and is the best
way to enhance Goodwill. Employers Liability Act 1969 is enforced by government to
protect the interest of workers and the organisation is not abiding the framework of act
the entity is liable to compensate to employee in case of exploitation of employment
right.
3. Harassment: Harassment at work place occur when human rights are exploited like
people are forced to work which is bondage worker, unethical practices such as sexual
abuse, discrimination on the basis of caste, creed, religion etc. In order to protect
employee from exploitation, government of UK has regulated various legislation which
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aims at protecting the interest of workers like Protection from Harassment Act 1997.
However, it has been determined that the acts of Human rights in books of United
Kingdom are influenced by the law of European Union. According to regulation, Hence,
it can be said that exploitation of human rights is the punishable offense in justice system.
4. Equal opportunities: It is the foremost responsibility of employer to ensure that the
employee is getting equal opportunities to grow at work place. Therefore, to ensure strict
framework for equal opportunities the government has enacted strict regulation to protect
the interest of workers at same level. The Equality Act 2010 ensures that employees are
getting equal set of opportunities without any discrimination. Thus, it is the best strategy
which assist the firm in removing the hindrance which is caused to biased results
(Berkhout, Hartog and Webbink, 2010).
b) The relevant employment and contract law which have potential impact on business scenario.
According to scenario, there is a minor that is 16-year-old girl who is working for small
fast food outlet. In fast food outlet the team leader was engaged with tills, and on the other hand
the the girl was working near burning fryer in which oil was heating at 360 degree and floor was
wet. While working, she slipped and her hand got dipped into hot pan due to which she had
severe burns. In this, team leader was engaged with tills instead of monitoring work place safety.
In accordance to this, it can be determined that the accident happened due to complete
negligence of team leader and in this type of cases, the firm is liable to compensate for the injury
to girl and her family. As per the case scenario there are several conditions on which the firm is
answerable to case such as:
Duty of care: It is under the Tort law which states that it is the duty of organisation to
make sure that the working condition are healthy and safe. However, according to business
scenario, team leader is responsible for the girl's injury. The situation happened due to
negligence of team leader who is assigned to keep a check over workplace condition and
workers.
Breach of contract: In this, the team leader is responsible for not complying with health
and safety legislation because according to act, it is the responsibility of organisation to ensure
that the firm is providing appropriate working condition to workers.
Contract of employment act 1963: This act is enforced by UK government to protect the
interest of workers. In this, the firm is responsible for providing appropriate working condition
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keeping in mind the guidelines of Act which aims at following the terms and conditions which
are mentioned in contract which is given to workers at the time of recruitment. Non-compliance
with the terms and conditions of the contract is the punishable offense in justice system. Hence,
in accordance to this, the girl and her family can sue fast food company in court for their rights
and interests.
Health and Safety Act 1996: This act is enforced by government to ensure that the
workers in enterprise are working under safe working conditions. The act enables strict
framework of guidelines which assist the firm in establishing appropriate working conditions.
Apparently, with compliance with the act the small fast food restaurant is liable to provide
healthy and safe working condition and now, due to the injury of girl the firm is liable to
compensate some amount to girl and her family.
M2 The potential impacts of regulations, legislation and standards in accordance to scenario
 The governmental regulation assists the employees in feeling comfortable while working.
 Noncompliance with the regulation can impact the business operations as it is punishable
offense like in case of 16-year-old girl where the firm did not have safe environment for
working of employees also the fast centre is liable to compensate to family of girl.
P4 Legal solutions for each business problems
Calvin is an employee in fashion house and working there from four years. One day,
Donna the owner of the house arrived and found out that Calvin is behaving differently therefore,
she checks her petty cash box where she found $100 is missing, she did not even bother finding
out the theft details and just blamed Calvin for stealing and dismissed him without notice and
explanation regardless of which that there were three other employees in room except Calvin.
The action of Donna is considered under unfair dismissal and wrong dismissal for which
government formulated strict policies and regulations. Thus, according to scenario, it has been
demonstrated that Calvin has right to sue her boss Donna under Employment Rights Act 1996
and under Unfair Dismissal Act 1997 (Underhill, 2010). The acts are enforced by UK
government to protect rights of employees therefore in accordance to this, Calvin has the right to
claim for his rights where Donna is liable to make justification about the dismissal and have to
compensate for her actions. Hence, no employer has the right to dismiss worker without notice
and appropriate explanation.
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Kelvin's father Dan has the convenience store which got in touch of fire and all the
material get destroyed. Further, his father opened a new store at some new location and applies
for fire insurance in order to prevent loss. The terms and conditions in insurance policy clearly
states that the if that person has claimed fire insurance in past two years is only liable to claim
for further insurance for which Dan ticked “No”. Thus, it was discovered that after few days the
new store also got destroyed with fire and when Dan claimed for fire insurance then the company
refused to pay for losses because the last claimed insurance was 23 months due to which this is
not liable for claim. Hence, as per the situation Dan and Kelvin negligence led to big loss and
both of them are not liable to blame insurance firm. This is the case of misrepresentation which
is of various types such as, fraudulent, recklessness, forgetfulness etc. This case if of
forgetfulness misrepresentation in which Kelvin forgot about the last claim insurance which was
23 months ago and not 2 years due to which the now the insurance company is not responsible
for the further, actions.
P5 Justification for each solution
According to the scenario of fashion house, Donna was completely in fault as she
dismissed Calvin without notice and any evidence of his stealing. In accordance to this, the claim
over Donna under Employment and Unfair Dismissal Act is the best way to prove Calvin
innocent and protect the interest of employee (Ewing and Hendy, 2012). Unfair dismissal of
workers without any appropriate explanation is an unlawful activity for which person has the
right to sue company in court (Southey and Fry, 2010).
Apart from this, there is no one responsible in case of Dan and Kelvin because the claim
was refused to be accepted due to negligence of father and son whereas it is the responsibility of
insurance company to ensure that the person filling form is giving appropriate information.
Hence, in this scenario no party has the right to sue each other under any legal boundaries.
M3 The positive and negative impacts of legal solutions to the business problems
 Unfair dismissal is legislation which assist the person for fighting for wrong dismissal. In
this the firm will have to compensate to Calvin. Further, it will assist Calving protecting
his image against stealing.
 In case of fire insurance there is no right to Kelvin to claim against company. But on the
other hand this practice will assist both father and son to make sure that they filling
details carefully and right according to the terms and conditions of organisation.
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P6 a) Advantages and concept of implementing ADR process.
ADR concept is the procedure for resolving conflict by involving third party with mutual
understanding outside of the court. In this, the clients resolve their issue according to their
convenience which is the best advantage of this process (Alternative Dispute resolution, 2013).
There are so many cases in court which are pending due to increasing crime and civil conflicts
therefore if the person visit court for minor disputes, then it will hamper their image and is time
consuming. Therefore, ADR is the best dispute resolving process which offers various methods
such as:
Arbitration: In this process, person resolves issues without involving into legal
proceedings and arguments. This process of resolving issues has no chance to getting biased
solution because the results and solutions occur after complete discussion of both the parties. In
this concept, parties resolve issues by agreeing with one common solution which is in interest of
both the clients and is termed as negotiation. Further, the arbitration concept offers two types of
choices to clients which is private and judicial arbitration. In judicial process, the case of party
goes up to court for retrials where the solution is in interest of one party and it involves all the
legal formalities while in private process the individuals resolve their issue outside the court with
one common interest.
Ombudsman: In this third party itself address and investigate the issue and problem in
order to provide reliable and accurate results. In this the person is responsible for making
decision for the common interest of both the conflicting parties.
Mediation: It is the process in which parties resolves their issue by understanding the
situation and its advantage (Ridley‐Duff, and Bennett, 2011). The process aims at solving
problems keeping in mind all the facts and interest of both clients in order to prevent biased
solution. Thus, in this the judge provides the judgement in written to both parties to avoid the
chances of future conflicts with regard to solution.
Conciliation: It is the problem-solving method where the parties have to agree on solving
the issue no matter of the solution. This process aims at improving the relationship of both
parties. The process provides win and lose solution in which one party will lose and one will win
but with the consent of both clients. Thus, it is the best method of resolving problem because this
assist in providing accurate and reliable solution by resolving disputes.
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Negotiation: It is the simplest process of solving problems because in this both the parties
choose one third person with common consent which can assist them in resolving issue outside
of the court without any legal proceedings (Blake, Browne and Sime, 2016). In this the decisions
are made with one common interest.
b) Recommendation of Alternative Dispute Resolution method according to analysed business
problems.
Antwon owner of large investment firm and Tyrell is the owner of company which make
computer software both the individuals works hand in hand. Further the employees of Antwon
firm makes market prediction which went wrong due to with Antwon and Tyrell had conflict.
Now, in the situation both of them do not want to fight and spoil relationship because the
partnership of both works well. Therefore, the best method for resolving their issue is Alternative
dispute resolution which will assist the individuals in solving their problems out of the court
without any legal formalities. Further, it will help both of them in improving their business
relationship. Hence, the partners can make use of conciliation process of ADR in which clients
have to agree on solving the issue no matter of the solution. This concept of resolving dispute
provides win and lose solution in which one party will lose and one will win but with the consent
of both clients.
M4 The effectiveness of two different recommendations
 Mediation is method of ADR concept in which parties resolves their issue on one
common interest, it is most effective tool of resolving conflict as it provides win situation
to both parties involved in conflicts.
 Negotiation is also the ADR method which assist the parties in resolving issues with the
help of one individual who is decided with common consent. Its effectiveness is in
provisioning practical solution on one common interest. It is the time saving process of
resolving disputes.
CONCLUSION
The report summarised the English system and its composition which involves civil and
criminal law. It analysed the structure of legal framework which is involved at the time of
formulating law. The report evaluated that the separation of EU law from UK law which is
termed as Brexit has hindered the entire framework of UK human right regulations because now
the country is responsible for framing its own regulation for protecting human rights. Further, the
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report outlined the entire law-making procedure of UK which starts with the consent of political
leaders and ends with the approval of house of parliament. Moreover, it analysed legal solution
to business problems like unfair dismissal, employment rights and negligence. Thus, the report
concluded with the concept Alternative dispute resolution process which is resolving conflict by
involving third party with mutual understanding outside of the court.
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REFERENCES
Books and Journals:
Berkhout, P., Hartog, J. and Webbink, D., 2010. Compensation for earnings risk under worker
heterogeneity. Southern Economic Journal. 76(3). pp.762-790.
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.
Lieberman, J. and et.al., 2016. Business law and the legal environment.
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.
Robson, L.S., Stephenson, C.M. and Peters, R.H., 2012. A systematic review of the effectiveness
of occupational health and safety training. Scandinavian journal of work, environment
& health. pp.193-208.
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>.
United Kingdom Law: Case law. 2015. [Online]. Available through:
<http://ox.libguides.com/c.php?g=422832&p=2887381>.
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