Business Law Report: Analysis of English Legal System and Employment

This report provides an overview of business law, focusing on the English legal system and its sources, including legislative acts, public instruments, and the European Union. It details the government's role in law-making, outlining the stages from proposal to enactment. The report then explores the legal duties of a manager, including occupational safety and health, and employee compensation, and analyzes the impact of employment and contract law on businesses, using case studies to illustrate potential consequences of non-compliance. Finally, it discusses legal solutions for employment-related problems, such as unfair dismissal and insurance disputes, providing insights into remedies like reinstatement, re-engagement, and compensation. The report emphasizes the importance of adhering to legal standards to protect both employees and employers, offering a practical guide to navigating the complexities of business law in the UK context.

Business Law

INTRODUCTION
Business law involves several kinds of norms and rules explain about way via which an
enterprise can be formed and run. It governs the activities of company which help in receiving
better consequence. Each venture is forced to obey as well as respect such legal procedures if it
does not work according to the standards then it will be liable for penalty as per specified
regulations. These acts are imposed by government according to the existing situation which has
main motive to control the critical condition so that economic situation of country, state or a
society can be improved. This report is going to explain about different case legislations through
which operational analysis can be done. European legitimate system have to be followed by
overall corporations for carrying out various business operation in a smoothly way. It has been
also stating about the role of government in law devising procedures and several obligations
which is necessary to be obeyed by every employers in different situation in accordance to legal
documentation otherwise they would have to pay penalties. With the assistance of this survey,
cognition about diverse legislations has increased easily and efficaciously since it is describing
about certain acts which have been presented by governing bodies to prevent immoral actions at
workplace.
PART 1
P1. Frame work of English legal system and several sources of laws
European nation legal system comprises of different types of legal principles that is simply
referred as law. In the United Kingdom, this judicial system is being classified in two segments
which is stated as follow :
 Civil law- It is helpful in solving the private conflicts and also aids in maintaining proper
relationship between disputed parties.
 Criminal law- It handles serious cases such as murder or theft of important information,
etc.
In this construction, Supreme Court will be thought as a superior body whose decisions
are treated as concluding one and this needs to followed by all party in every state of affairs. If it
takes any decision then every aggrieved party has to obey their order otherwise, they will be
liable for penalty.
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If an individual is suffering from any kind of problem and for attaining juristic result , he
or she should knock the door of magistrate court and even after that satisfaction is not achieved ,
then they could take help of country assembly and crown court which is used to deal with such
issues that is complex in nature and can not be dealt easily. After it, disagreed person can take
support of high court which is observed as highest system . It is again divided into two parts
which are divisional court and family division.
If an individual is yet not satisfied with the judgements of high tribunal then he can take
help of Supreme assembly and its decision will have to followed by the aggrieved party either
he/she will get agree with the same.
Sources of laws -
Every nation have different rootage of laws which relates to religious belief, nationalistic
ad global level. In UK, numerous of sources of legislation are present which is describing as
follow -
 Legislative act- It is nothing but some norms which is existing in documented form and
is describing legal constructs and standards through which every activity of a nation, state
and town can be controlled easily and effectively. While formulating this legislation,
legitimate authorities is playing an important role because it has keep lots of efforts for
getting approval from executives that is a mandatory task.
 Public instrument- It is a part of English law which is derived from previous judgement
rather than any act. Under this, judgements are condemned on the basis of former cases
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Source 1: English Legal structure, 2017

that are heard by jury in aforesaid suit. It deals with everyday situations in which disputes
are settled through exchange of arguments and evidence.
 European Union - It is a political group which has main motive to be much competitory
at worldwide level.
 Case legal document- It is a part of public legislation wherein decisions are made by
considering past hearing that has occurred previously by other superior authorities.
Overall institutions need to involve some judicial procedures to resolve any disputes and
hurdles. An organisation should consider some lawful rules or regulations which help in
removing all problems from the business process which supports in achieving goals and
objectives in an appropriate manner.
P2. Government's role in making law
At the time of developing a legislation, high authorities and legislature used to take
initiative for designing new rules and regulations so that rights of employer, employees and
customers could be protected. Governing body of the nation plays a vital role in the formation
and execution of several laws as well as legislations. It makes norms and principles after
evaluating existing situation of nation for controlling that conditions and developing the current
economic system of country. In a country, there arises very harmful situation which affects the
lives of citizens. So, for protecting people, government takes corrective actions in which it makes
an act to control the prevailing condition easily. For making a legislation, there are given some
stages which needs to be followed by related authority that are mentioned under -
 In the introductory step, a proposal is made which will include rules and regulations that
may control the prevailing negative conditions in the nation. It would be conferred among
ministers of cabinet in order to collect or receive their views on same topic that is
whether it should be passed or not.
 After getting approval from them, this proposal is converted into bill which involves
various provisions and sections regarding different issues.
 Thereafter this is required to be represented in - front of parliament in order to receive
their permission so that it will converted into an act. For their acceptance, authority has to
make lots of endeavour for receiving approval of this bill and can become a legislation.
During representing a document in front of associates of parliament, related members has to
obey few steps which are stated as follow -
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 Reading bill will be presented to every person so that they can translate its objectives.
 MPs of government’s side ought to attempt to persuade the masses in order to gain their
votes in approval of it and this bill can become an act.
 At last, peer group and legislators will discuss with each other and reach to a common
decision (Dickerson, 2011). For getting majority of votes, government should try to
resolve the queries of all individuals.
In the case of required changes in existing legislation, a group of people will come
together and will discuss about it and at last will reach to final conclusion. Thereafter this
document will converted into a judicial piece of writing.
PART 2
P3 (A) Legal duties of a manager
Job provider is an individual which creates employment opportunity for large number of
person and also contributes in the development of economy of the county. In UK, several
legislation regarding occupation are existing that have to followed by every organisation. Such
act has primal motive to safeguard the fundamental right of employees and employers Some of
legal commitments are described hereunder-
 Occupational safety and health act- It is governed by Occupational Safety and Health
Administration Act 2004; an employer has various responsibilities which are as follows-
◦ To provide all safety equipment’s to its subordinates so that they can perform their
job without any harm.
◦ To create proper working environment in which they will safe and secure.
◦ To organise training programme so that they can learn how to work on heavy
machines with proper safety (Eren and et.al., 2012).
According to the OSHA standards, manager should organise a medical camp in which
health examination of employees will be done. If an incident arises at work place, then job
provider has obligation to give compensation to injured person and to inform about this accident
with - in eight hours of that injury to OSHA agency whereas when in an organisation consist of
fewer work forces that is less than around ten personnels are employed, will not need to follow
this regulation.
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 Compensation of staff - Various legislations that is controlling recompenses affiliated
issues of employees like Minimum Wage Act, Equal Pay Act etc. which have main
motive that every individual will get that minimum amount which is specified by
government so that they can survive efficaciously.
 Equal opportunity- As per act of Equal Opportunity 2010, job provider has power or
ability to create equivalent development opportunity for each work forces. If manager do
not perform any discrimination with their staff members then they get motivated and will
perform their job as per specified standards (Esposito, 2012).
P3 (B) Employment and contract law along with its influences
Employment law and contract legislation are designed by government so that legal right
of employer as well as of workers can be protected. These acts are helpful in solving various
problems regarding hiring, selecting, firing and many more.
As per specified case study, a firm has employed a sixteen year old female who will have
to cook fries. But during office hours, she got injured because of putting hand into boiled oil.
This incidental occurs because there is lack of staff as well team leader was not performing his
job properly. Because of this harm, organisation has to face several kinds of losses that are
described as follow -
 By occurring this event, branding value of venture will be minimized and then no one
will show their interest in purchasing its products or services.
 It will minimize its revenue along with its market share.
 After that, firm has to organize preparation curriculums for existent and new persons so
that they can know about the way for performing their job. This action will be costly for
the firm.
PART 3
P4 Legitimate solutions for given problems
In UK, different kinds of legal enactments are existing which explain the processes of
hiring, selecting and terminating of a worker (Folsom and et .al., 2012). There are two types of
retrenchment which is not a right way as per legitimation-
 Termination in unfair manner
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 Firing via wrongful activity
In mentioned scenario, Mr. Calvin is dismissed without getting any kind of notice and
any cautionary which can also be called as termination in unlawful manner. In this, victim has
broken the norms and regulations of contact that was subsist between job providers and workers
because according to the concerned act, company has to give prior notice to the workers before
terminating them so that they can find out
another job (Fassin and Buelens, 2011). Management has responsibility to provide correct
number of warning so that terminated employee can know about its mistakes which will aid in
preventing him for doing same thing in future. In this, Mr. Calvin can get following solutions-
 Restoration – As per this, he will gain his respective occupation again which will be
definite by Jury by including below mentioned points-
◦ Employees desire to continue this job.
◦ Whether it is applicable and many more.
 Re - engagement- Through it, he can get various jobs in same organisation.
 Compensation - If employee does not want to adopt above mentioned alternative then
judge can adopt last choice that is nothing but recompense. It involves different elements
like base and extra amount.
If Ms Donna wants to get rid of this situation, then she should fired her employee after
gathering all information which will show that he is guilty and should also give proper notice to
them.
In another case study, Mr. Dan established a new business which got dismissal and then
for compensating it, he demand for compensation amount from insurance company but it said no.
But as per legislation, it is responsible for pay him and should also clearly tell about rules and
regulations so that no one can do error deliberately. In this situation, Mr. Dan can go through
legal procedure for finding out solution and can claim as per Insurance Act 2015 (Gjølberg,
2011). This event will have various negative impacts that are described below-
 It will lose their brand image and honour which will decrease its sales as well as
customers.
 Now onwards, people will not trust on them and will not show their interest in purchasing
its policies.
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P5 Justification of selected solution
In order to develop the economy of the country, government has made too many legal
documents related to job which have motive to prevent any unethical or unfair practices from
workplace so that every person will get equal right. As above discussed about the legal solutions
which are totally depend on the legal procedure. This alternative is very beneficial for both
disputed parties in solving critical situation.
As per description of scenario, Mr. Calvin can file case against the name of the
establishment which will reduce brand image in the market and it will reduce the market share
of business. So for protecting from this situation, both parties should not go through legal
procedure because it has different types of limitations which has to bear by every disputed
parties that are described below-
 Both disputed parties have to appoint a advocates to whom some amount of money has to
pay which will be costly affair for aggrieved individuals. This legal person will represent
them in front of jury.
 It will also minimize their reputation in the society etc.
So it is advisable to the individuals that they should sought out their issues outside the
court.
In second scenario, Insurance company denies for paying compensation to Mr. Dan
which is a wrong thing according to the legislation. As per Insurance Act 2015, this organization
is fully responsible for paying compensation to its policy holder. If Mr. Dan will take help of
court, then sued party has to pay large amount of money to its clients as a compensation which
may be in tangible and intangible form which will not be good for the growth of the company.
In first scenario, fashion company can win this case if it will give justification regarding
termination of employees without giving notice to him. To take legal support will be expensive
for every party because legal charges has to be given by parties or any other fees. So from the
above discussion, it has been said that company should adopt alternative ways rather than to go
court for settlement of disputes.
Same thing can be adopted in the scenario of insurance company and Mr. Dan. They can
also take assistance of alternative ways rather than to take help of judiciary system because it
will go to the court then its process will consume lots of time and money. Both individuals have
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to pay amount on hiring good legal person and on other legal charges and also has to wait for
long period of time for resolution of disputes.
If insurance company will go the tribunal in the perception of winning then it is a wrong
action because according to the act, it is wholly responsible for paying compensation.
After analysing all pros and cons in this report, it can be said that alternative dispute
resolution process will be more beneficial as comparison to take help of legal procedure.
PART 4
P6 (A) Alternative Dispute Resolution Process
Secondary conflict dissolving is a process that helps the controversial parties in resolving
their issues in an effective and efficient manner along within span of time. Disputes refers to
problems which may two or more parties. In this problems are sought out without getting support
of legal system. It considers arbitration, conciliation, discussion, evolution etc. by which disputes
can be resolved (Hiller, 2013). It is the best method because in this, people do not need to pay
any charges and it also saves time because it resolves disputes with in shortened duration of time
period.
Along with this, third party is nominated by the disputed individuals which will be called
as an intermediator. This third individual will not be accompanying to any disputed individual
because if he will be relative of anyone then there will arise a concept of discrimination (Hayden
and Bodie, 2012). In order to get resolution, there is a process which is as follows-
 Firstly, all matter will be disclosed in front of arbitrator.
 Third person will hear to each and every individual and then accordingly will take
decision.
Trade contracts can be used in resolving issues easily and effectively. This process is
very beneficial because-
 It is a long procedure which takes lots of time in resolving issues in an effective anf easy
manner.
 Individuals do not need to pay huge amount of money in hiring lawyers or paying other
legal charges.
 In this, third person does not take favour of anyone because he will be neutral.
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 In this, matter can be resolved confidentiality which saves the parties from defamation in
the society.
P6 (B) Recommendation
As per described scenario, conflicts arise between two parties who are good business
relation in earlier days. Aggrieved organisation whose name is Antwon and Tyrell have
employed as a business partners for too much period of time. For this case study, it is
recommended that these parties must go through alternative dispute procedure for resolving
conflicts because it will provide many benefits to both individual such as- matter can be resolved
confidentially which means that public can not a be known about this problem. It is an economic
way because there is no need to hire legal advocator so no require to pay any kind of amount and
will also not delay lengthy period of time for its settlement. If they go through legal procedure,
then they may lose their respect in the market and then no clients will take its products or
services because it will loose their trust.. So after including all pros and cons, it has been said
that they should not take help of legal procedure which may ruin their reputation in the market
but should also take support of third party who will resolve issue within limited boundary where
only relevant parties will be available. This system will provide various kind of surpluses to
aggrieved individual like will save time and money that may consume in taking help of legal
procedure.
CONCLUSION
Legal document related to commercial activities helps in carrying out the business
operation effectively and efficiently and also assists in resolving issues of company ethically.
From this study, it has been said that English legal system is bifurcated into two parts which are
criminal and civil legislation and has various types of sources like common law, European Union
etc. In order to pass an Act, top authority of nation should taken corrective action so that
negative situation can be removed from the country. For this, it has to follow some procedure so
that bill can become a legislation. It is done due to controlling conflicted condition that are
prevailing in the economy. In UK, employer has different kinds of responsibility such as to
provide safety and compensation etc. to their workers.
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