Business Law Report: English Legal System, Cases, and Solutions

This report provides a comprehensive overview of business law, focusing on the English legal system and its various sources, including common law, EU law, and statutes. It examines the role of the government in creating laws and applying them to businesses, with a detailed breakdown of the statutory law application process. The report further explores employee legal obligations, contract law, and the impact of these laws on businesses, using specific scenarios to illustrate key concepts. It also presents legal solutions for case studies involving employee misconduct and workplace incidents, analyzing relevant legislation such as the Occupational Health and Safety Act, the Harassment Act, and the Equality Act. Additionally, the report covers the process of Alternative Dispute Resolution (ADR) and its application in resolving business problems, offering practical insights into legal compliance and dispute management.

BUSINESS LAW

Table of Contents
INTRODUCTION...........................................................................................................................1
TASK 1............................................................................................................................................1
P1 Explain the English legal system and different sources of law.........................................1
P2 Explaining the role of government in making laws and application of common and
statutory law...........................................................................................................................2
TASK 2............................................................................................................................................4
P3 Employees legal obligations, contract law and employment impact for the given scenario. 4
TASK 3............................................................................................................................................6
P4 Legal solutions for Calvin and Mr. Dan cases..................................................................6
P5 Justification for Calvin and Mr. Dan case.........................................................................7
TASK 4............................................................................................................................................9
P6 The process of Alternative Dispute Resolution and legal solution for Antwon business
problems.................................................................................................................................9
CONCLUSION..............................................................................................................................11
REFERENCES..............................................................................................................................12

INTRODUCTION
Businesses laws are considered as legislation which relates to the regulations
and rules for business operations for a particular nation and region effectively. The
report covers the English legal system and different sources of law that an organisation
must comply with. The role of government in making law and application of common
and statutory law will be discussed in this report. Impact of the laws on business
organisations and operations is also covered with employees legal obligations in the
firm. A legal solution for the 16 year old girl case will be discussed in this report. Legal
solution for Calvin and Mr. Dan is also assessed in this report with effective justifications
for each case. Finally, the report covers the Alternative dispute resolution process and
use of this process legally to solve the problems and issues between Antwon and Tyrell
is also discussed.
TASK 1
P1 Explain the English legal system and different sources of law
STRUCTURE OF ENGLISH LEGAL SYSTEM
English legal system includes two main laws which are civil law and criminal law.
Criminal law includes the magistrate and crown court for solving the cases. In addition
to this, civil law involves court of appeal and high court of justice to solve the issues and
claims effectively and efficiently. United Kingdom has not a separate legal system that it
is formulated by the political unions. There are three legal systems which are applied in
the United Kingdom to a particular specific area. The English common law is used and
applied in England and Wales and the essence is managed and controlled by the
judges present in courts effectively (Allen and Kraakman, 2016). Judges in the courts
manage the cases with legal statue and precedent with the help of previous cases
effectively. There are some rules which are derived from the legislation and others are
known as common laws. Murder is a common law crime which is established by the act
of parliament and now the murder is a mandatory life sentence instead of death penalty
effectively.
DIFFERENT SOURCES
 Common law: Common law is now considered as an England law of ancient.
This law is based upon ethical customs and recognised.
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 Law from EU: The law from EU is a common legislation which is developed by
the European Union nation members and it is also assessed with the rules and
regulations which are maintained by the business operations in markets of
European nations effectively. Trade union act, environmental sustainability,
import and export rules, employment act are the common example for laws which
is originated with the law from EU efficiently.
 Statutes: Statutes laws are applied on laws which is developed and measured
by the UK parliaments effectively and efficiently. This two statutory and statutes
laws are formulated by the UK parliaments (Beatty, Samuelson and Abril, 2018).
Proposal of bills and drafts which is given before the parliament and after the
royal assent, becomes an act completing all the procedures effectively.
 Civil law: Civil law helps an individual in terms of claiming a claim against any
kind of discrimination or wrong commitment by the firms or any other effectively.
County courts manage such claims which are effectively less than £25000 and
injuries less than £50000 effectively. County courts are located in 200 different
locations for managing the claims efficiently.
 Legislation: Legislation laws are created by legislature effectively. The important
and crucial part of legislation is the act of parliament and also based on UK
parliament located in London. UK parliament consists House of Lords and House
of Commons. 650 members are involved in House of Commons and each of
them defines the geographic constituency and further the voters use 'first past
the post' system or method to vote.
P2 Explaining the role of government in making laws and application of common and
statutory law
Every business should follow the process of statutory laws which is formulated by
the government to make statutory laws for businesses effectively. Government should
propose some legislation in order to face the society’s uncertainties and specific events
which shows the needs of statutory act and legal rules to manage and control the law
and legislation under reform observation (Braswell, McCarthy and McCarthy, 2017).
Statutory documents are also known as bill and government provisions effectively.
House of Commons includes the process of bill taxation.
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 First reading: This is the first stage of bill completion, where the bill is presented
for the first time in House of Commons and read as well. The bill is also acted as
a proposal of bill towards House of Commons and initiation effectively.
 Second reading: In the stage of second reading the provision and proposal of
bill is discussed by the MP's and peers which are made by the government
effectively. The bill is passed to the House of Lords in case of controversy
effectively. The bill is passed without any voting and MP's votes are taken at the
end of this stage effectively.
 Committee stage: The bill is sequentially assessed by the parliament members
and accordingly, changes in the bill will be proposed and identified on the basis
of voting effectively and efficiently. The government finally make changes in the
bill accordingly
 Report stage: In the stage of report, bill is amended and the changes made in
the bill are reported to the relevant and suitable house effectively (Büchler,
2016). Parliament members give their reviews and thoughts to make changes in
the bill and those who are not involved in previous stage also provide their
suggestions in order to make effective changes in the bill.
 Third reading: In the third stage, discussions and debate are made by the MP's
and parliament members on the bill. They also use voting method for final
submission. Further, the amendments may be remain introduced for the bill.
 Approval stage: In approval stage, the bill is finally ready to be approved by
chambers to another chambers for clear acceptance by the government.
Approval process remains same for the House of Lords and commons and both
will agree for the final shape of bill before it comes under the act or law.
 Conversion into act: House of Lords and House of Commons finally approve
the bill with the help of royal assent (Calvi and Coleman, 2016). Royal assents
approve the bill with taking advices of ministers. After completing all the
procedures, the bill is finally ready to become an act or law of parliament
effectively and efficiently.
 Statutory law application: Statutory laws are applied by the government with
the help of private and public bills to covert them as an act or law effectively. In
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respect to this, law enactment is made for the firms in order to establish and
regulate their activities and operations within a country effectively (Huang, 2015).
For an example every new business needs some laws which should be followed
such as Companies act, Employment rights act, Payment of wages act etc.
 Commercial law application: There are certain laws which relate business
between two or more than two firms, countries and consumers effectively. It will
include some legislation such as Sales of Goods Act 1979 which is used for
products and services offered by the businesses (Yuvaraj, 2015).
TASK 2
P3 Employees legal obligations, contract law and employment impact for the given
scenario
(A)
Occupational Health and Safety Act 1974: The health and safety act describes the
protection of employees at workplace effectively. The act helps employees to ensure
their safety and security at their working place or while working effectively.
 Safe use and handling of powerful and dangerous machines and equipments.
 Employees have health surveillance and protection.
 Maintenance of machines, systems, plans and working environment.
 Health and safety programs organized by the management effectively.
 Welfare provision of employees at their work place.
Workmen's compensation Act 1897: The act is very useful for the employees that it
will help them with compensative benefits to manage their work from home or
throughout the next day, in case of illness or emergency effectively (Gutteridge, 2015).
 Compensation benefit for employees in case of injuries or health issues.
 Effective plans and policies for compensation with the advice of employees.
 Occasional leaves and medical compensation.
Harassment Act 1997: The harassment act helps employees to secure from their
harassment activities effectively. The act prevent management and business to harass
any employee towards his work or any other harassment activity effectively.
 Employees protect their extra working, religion and sexual harassment.
 The act aware employees from sexual, psychological and physical harassment.
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 Evaluate the risk of reasonably foreseeable violence in terms of workers working
in the business.
 Clear statement for harassment.
Equality Act 2010: The act protect employees to provide them equal opportunities and
work in the business effectively. Equality should be in age, sex, religion, gender, race or
any disability effectively and efficiently.
 Equal opportunities and work and selection of pre-employment phase as well.
 Equal promotion and training programs opportunities.
 Equal employment and liability with healthy decisions (Ismer and Artinger, 2017).
(B)
Health and Safety Act 1974: The health and safety act provides benefits for the
employees working in the firm at their place of work and health protection as well
effectively. It can be said from the above scenario that the girl working in a fast food
outlet of cooking fries is only 16 years old that considered as a child labour from
legislations. The business is in a fault that they are using a child labour for their work.
The accident happens that the leaders were not paying their attentions at workplace
which unable them to detect the leaking from an ice machine effectively. Thus, the girl
slipped and burned her left hand and forearm. The business is responsible for the
incident that they should provide medical facility for the girl and the girl has also legal
rights to claim against the firm in case they will not pay the medical fees for her
treatment effectively. The Child labour act also will be applied for this situation and
organisation should considered that they will never use such child labours in the firm for
their work in the future effectively (Ismer and Artinger, 2017). Employment right act will
also apply that the girl is liable for claiming insurance for her damage. The firm is in a
fault that they also need to maintain their machineries which causes such accidents
effectively. The health and safety act describes the firm should take care of his workers
while operating dangerous and heavy machines effectively. The lack of monitoring from
leaders plays a big role in this accident that they could notice the leak from ice machine
with proper monitoring at workplace. The girl slipped from ice water and damage was
done for her. Thus, the firm is responsible for bearing her medical charges and need to
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be sure that they will never use child labours for their work and make sure such
mistakes will never again in the firm.
TASK 3
P4 Legal solutions for Calvin and Mr. Dan cases
It can be understood from the case of Calvin who is working in a fashion store for
4 years effectively. On Monday morning, when Mrs. Donna who is the owner of fashion
store arrives at workplace and found Calving acting suspiciously that she noticed
something wrong. She checked the petty cash box and found that £100 is missing from
it. This activity made her angry and furious that she called Calvin and dismiss him by
calling him a thief without any notice or investigation. Thus, Donna is in a fault for
terminating Calvin from his job without any notice or investigation from other employees
working in the store (Kemp, 2014). In respect to this, Calvin has legal rights to make a
claim in court against Donna for such unfair and wrong dismissal and also not to feel
guilty about the activity. The Employment act 1996 will be applied for the situation which
allows Calvin to make a claim against Donna for the wrong termination and also to
prove him innocent effectively. Apart from this, if Calvin would found as a thief and feels
guilty for what he has done, the owner Donna should give him a one month notice
period to leave the store and also should investigate the situation from other employees
working in the firm (Wilkins and Esteban Ferrer, 2017). Thus, the dismissal of Calvin is
wrong and he has legal authority to claim in court. The owner should ask other
employees for the activity and need to investigate the situation effectively that she
instantly called Calvin and dismissed him which is an illegal action take by Donna. Such
unfair and wrong dismissal allows Calvin to take appropriate action against it and also
proper compensation as well as apology from the owner for this activity.
The second case where Mr. Dan who is the owner of a convenience store and
father of Kelvin, faced loss from fire in his store which destroyed his shop completely.
Thus, Mr. Dan opened a new convenience store at a different location and claimed for
the fire insurance for his previous store (Knapp, Crystal and Prince, 2016). In the
proposal form of insurance documents when, the insurance company asked Mr. Dan
whether he has made his claim within past two years but Mr. Dan provided them wrong
information that he made the claim 24 months ago but in actually it was 23 months ago.
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This all happen because Mr. Dan has insufficient knowledge of insurance documents
and policies. Now when the new store of Mr. Dan is also burned from fire, he suffered
from a huge loss. The Contract act 1950 will be applied in this context, which states that
both the parties' customer and insurance company need to provide valid, correct and
appropriate information to maintain the integrity of claiming agreement while making the
insurance bond effectively. Mr. Dan is not liable for claiming insurance for the store that
he provided wrong information to the insurance company and will not receive the loss
money from the company effectively. Thus, the insurance company will not pay Mr. Dan
for his losses according to the agreement and company policies effectively and
efficiently (Weisberg and Appleton, 2015).
P5 Justification for Calvin and Mr. Dan case
It can be justify from the case and situation of Calvin that he was dismissed
wrong and unfair by the owner Mrs Donna without any notice or investigation from other
employees working in the store. Donna terminated Calvin from his work on the basis of
doubt. The owner should consider that without any notice or investigation, dismissing a
person from his job is illegal and he has legal rights to claim against her for such unfair
activity effectively and efficiently (Mansuy and Ferrando, 2017). Thus, Calvin has legal
rights to claim against Donna in the court to prove him innocent and not to fell guilty
about the activity effectively. Calving was working in the store for 4 years which proves
that he is an honest and loyal employee for the firm without any complains and issues
effectively. Thus, the dismissal of Calvin is wrong and unfair according to the
Employment act. Mrs, Donna should investigate from other employees working in the
store for the activity if she founded something wrong and suspicious. Instead of that she
directly called Calvin and dismissed him from his job instantly which is an unfair activity
and make Calvin able to claim against Donna in the court for proving him innocent and
not to feel guilty for the activity effectively (Omar, ed., 2016). Donna is only liable to
dismiss Calvin from his job, when she investigated all the situation and found something
suspicious towards Calvin effectively. After, that she is liable for taking action against
Calvin to terminate him from his job at workplace with a one month notice period
effectively. In this case, it can be justified that Donna dismissed Calving with unfair and
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wrong activity and makes him able to claim against her in the court effectively and
efficiently.
It can be justified in the case of Mr. Dan where he claimed for the fire losses and
rejected by the insurance company to bear the losses effectively. According to the
contract act both parties' customer and insurance company need to provide valid,
correct and appropriate information to maintain the integrity of claiming agreement while
making the insurance bond effectively (Paolella and Durand, 2016). When, the
insurance company asked Mr. Dan whether he has made his claim within past two
years but Mr. Dan provided them wrong information that he made the claim 24 months
ago but in actually it was 23 months ago. This all happen because Mr. Dan has
insufficient knowledge of insurance documents and policies. Contract act describes that
information should be correct provided by both parties to avoid the miscommunication
and confusion effectively and efficiently. It is mentioned as a criminal offence if one of
them provide wrong information and data effectively. Mr. Dan should recheck all the
agreements related to the insurance for an appropriate insurance claim before applying
for the nee one effectively (Trevino and Nelson, 2016). Mr. Dan is not liable for claiming
insurance for the store that he provided wrong information to the insurance company
and will not receive the loss money from the company effectively. The insurance
company has legal rights according to the contract act to reject the payment of Mr. Dan
for his losses according to the law of contract act and agreement policies effectively.
Thus, it is justified for both Calvin and Mr. Dan cases that Calvin who is working
in a fashion store and terminated by the owner Donna wrongfully and unfairly that he
has legal rights to make a claim in court against Donna for such unfair and wrong
dismissal and also not to feel guilty about the activity (Posner, 2014). The Employment
act 1996 will be applied for the situation which allows Calvin to make a claim against
Donna for the wrong termination and also to prove him innocent effectively. Apart from
this in the case of Mr. Dan where he provided wrong information to the insurance
company and will not receive the loss money from the company effectively. The contract
act 1950 will be applicable in the case of Mr. Dan effectively and efficiently.
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TASK 4
P6 The process of Alternative Dispute Resolution and legal solution for Antwon
business problems
(A)
ALTERNATIVE DISPUTE RESOLUTION PROCEDURE
Alternative dispute resolution process is also known as ADR which is process to
solve the problems and issues arise between two parties or firms which can be traders
or consumers effectively and efficiently. The process helps two parties to solve their
issue without going in the court or following court procedures. The government also
encourage and motivate the ADR process and describes good activity for all kind of
businesses to solve their issue effectively and efficiently. The process worked for those
businesses who are committed to provide effective and good services for their
customers effectively (Rousseaux and Saurel, 2016). Thus, the problems are resolved
with an interaction and court does not need to involve for such types of problems and
issues to solve them. The ADR process includes some elements which is given below:
 Conciliation and mediation: Conciliation and mediation is free to use for any
firm effectively and it is offered before arbitration because they both are less
formal. Conciliation work for determining and evaluating the problems and
demands of two parties to solve their issues and make them happy with
generating better results (REUTERS, 2018). Mediation usually try to focus upon
disputes and issues arises between two parties to resolve them effectively and
efficiently.
 Adjudication: Adjudication is also free of cost and easy to use effectively. The
process is independent and also less formal than arbitration. Adjudication try to
focus upon documents and written evidence which is provided by both parties
consumers and traders or firms as well. This will help them to solve their issues
and problems accordingly (Sheehy, 2015). Adjudication is an expert which is
approved by the charted institute of arbitration and try to focus upon those areas
which actually causing the issues and problems effectively and efficiently.
 Arbitration: Arbitration is a process which used an independent arbitrator for
solving the issues and problems effectively. Arbitrator usually from the CIARB to
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make effective decisions for the complaints given by the parties effectively.
Arbitration is based upon the paper evidences which is often sent by the
customers and traders effectively. The decisions made by the arbitrator is legally
blinding and also the customers and traders are not allowed to go to the court
process whether they are satisfied with the decisions of arbitrator or not later
effectively (Smits, ed., 2017).
(B)
Business activities and operations are dependent on customers, traders,
suppliers, other rivalry firms etc. it can be said that managing relationship with all the
members who are connected with the business operations is necessary. Apart from this
sometimes, disputes, conflicts and problems arises between them that they need to
resolve for effective relationship management. There are so many problems and issues
arises between two parties for any manner and activity that here an issue occurred
between Antwon and Tyrell effectively. Tyrell firm makes software for Antwon
employees effectively. Thus, form a few weeks a dispute arises for both parties that
Antwon employees are not satisfied with the service provided by Tyrell in order to make
effective software. Employees are not satisfied with the services and a major issue
occurred between them effectively (Sullivan and Robinson, eds., 2017). The most
appropriate and legal solution for this issue is conciliation or mediation effectively. In the
process of conciliation and mediation a mediator is appointed by both parties which will
help them to provide legal and appropriate solution for their problems and disputed
effectively. It will also help them to not follow the process of court which saves the time
for court as well. Mediator will analyse the situation and problems provided by the
Antwon employees towards the Tyrell software issue. As per the contract Antwon
refused to pay that they are not receiving appropriate software for their employees from
Tyrell firm. The mediator will understand the problem and analyse why the software is
not useful for Antwon employees effectively (Tabar, Ahmadi and Fatemi, 2017). This will
help him to make a suggestion for Tyrell firm whether they need to improve their
software or to make effective changes in it effectively. This process will involve some
legal alternative sources such as legal advisor, citizen advice office and consultant firms
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