Business Law: English Legal System, Employer Obligations Report

This report delves into the intricacies of business law, specifically focusing on the English legal system, employer obligations, and employment laws. The report begins with an introduction to the structure of the English legal system, exploring different sources of law and the roles of various courts. It then examines the role of government in law-making, the application of statutory and common law, and the obligations of employers concerning health and safety, workers' compensation, harassment, and equal opportunities. The report also analyzes the impact of relevant employment and contract laws on businesses and proposes appropriate legal solutions for business problems. Furthermore, it discusses alternative dispute resolution processes and recommends effective strategies. The report concludes with a justification of the proposed solutions and a comprehensive overview of the discussed topics.

Business law

TABLE OF CONTENTS
INTRODUCTION...........................................................................................................................1
SECTION 1......................................................................................................................................1
P1 Structure of the English legal system and different sources of laws.................................1
P2 Role of government in law-making and application of statutory and common law.........3
SECTION 2......................................................................................................................................5
P3 (a) Employers obligation in relations to:...........................................................................5
P3(b) Relevant employment laws and contract law that have potential impact on business. 6
SECTION 3......................................................................................................................................6
P4 Appropriate legal solutions for above business problems.................................................6
P5 Justification for solutions provided for business problems...............................................7
SECTION 4......................................................................................................................................8
P6 (a) Concepts and benefits of using alternative dispute resolution process........................8
P6 (b) Recommendation of alternative legal solutions to the business problem....................9
CONCLUSION................................................................................................................................9
REFERENCES..............................................................................................................................10

INTRODUCTION
Business laws are the most important legislations related to the rules and regulations of
the company’s operations in a specific region and nation. It mainly involves statutory, civil and
common laws for any types of organisation to comply with (Folsom and et.al., 2012). Present
report will provide understand of framework of English legal system that governs under England
and Wales along with the purpose of different courts as well as sources of laws. In addition to
this, role of government in making legislation and laws together with the application of statutory
and common laws have been explained. Employers legal obligation and contract law's potential
impact for a business problem is also demonstrated along with the legal solutions to resolve
those problems. Moreover, alternative process of dispute resolution have been discussed and one
most of effective alternative procedures is also recommended for the case Antwon and Tyrell is
also explained with justification.
SECTION 1
P1 Structure of the English legal system and different sources of laws.
English legal system is one of the major European legal system which has spread across
many other countries. It is also considered as common law legal framework that governs in
England and Wales consisting of usually criminal law and civil laws (Gillespie, 2013). Though
the systems always differ in the contents of their laws and institutions and the professions which
is surrounded by them, indigenous resources of laws are in fact similar in all three jurisdictions.
Legal system is not separate for the UK as it is formulated by political union which is developed
and designed by the previous independent nations. English legal system has been applied in
Wales and England that its essence is managed by the judges present in these courts. Judges
apply the legal statue and precedent with the help of past cases effectively. Some important rules
are also derived from legislation and further analysed as common laws. Further, framework of
English legal system has been mentioned above:
There various purposes of courts in English legal system such as:
Magistrates court is termed as criminal court in which all the criminal proceeding starts.
They are usually presided by the bench of lay magistrates, legally trained district judges and
sitting in each local area of justice (Wilson and et.al., 2014). Purpose of magistrate court is to
hear minor criminal cases, as well as certain licensing appeals. Crown court is a criminal court of
both the original and appellate jurisdiction along with handling the limited amount of civil

business both at first and instance and on appeal. Purpose of crown court is to provide judgement
on the appeal against magistrate court. High Court of justice mainly functions as both as civil
court of first instance and a criminal, civil appellate court for cases from the subordinates courts.
Purpose high court is to hear the cases from crown court and direct appeal from magistrate court.
Court of appeal is termed as apex legal body before high court that deals only with the appeals
from other courts or tribunals (Slapper and Kelly, 2013). People not satisfied with the decision of
magistrate, crown and high court can directly appeal to this court. The court of appeal mainly
consist of two benches civil division that hear appeal from high court and county court and
certain tribunals, while division of criminal court will only hears the appeal of crown court
connected with the trail on indictment. Supreme Court is the apex court of justice and highest
appeal court in almost cases in England and Wales. It usually undertakes and hears appeal from
all the other courts and tribunals on devolution matters, criminal cases and civil cases. It plays a
role previously held by the Privy Council i.e. House of Lords.
2

Illustration 1: English legal framework
(Source:Ingman, 2017)
Along with this, there are various sources of laws such as common laws which are
considered as ancient laws legislations of England that are normally depended upon the ethical
customs and recognised as well as came in to force by the judgement of courts. Common laws
are also stated as case laws which are usually generated from the judgement of courts. Acts of
parliament are the legislation that has been created by legislature of courts i.e. parliament of UK.
Considered as the only body that have the power to pass the bill and laws made for the concern
of people, companies and other government institutions (Cownie, Bradney and Burton, 2013).
There are mainly two boards of parliament in UK such as House of Commons and House of
Lords etc. International courts is considered as principle organ that governs in United nations
founded by the charter of United nations. Further, it plays a major role in managing in
accordance with the international legislation offences and legal conflicts submitted to its by the
nations. Some laws and legal regulations are also been taken from the judgements of
international court which apply to all countries within United Nations. Another source of law is
European court or EU which deals with the human rights and provides judgements on the appeal
of member countries. Some important laws are also been enforced from the judgements of this
court of justice like Employment rights act 1996. Custom in English law, an ancient rule of laws
related to a particular locality as opposed to the common laws.
3

P2 Role of government in law-making and application of statutory and common law
Business enterprise always needs to follow the process that is formulated by government
in order to formulate statutory legislation for the business. Some significant legislation have
proposed by government to face particular events of societies that clearly shows needs of act as a
statutory responsibilities and legal rules in order to manage the legislations and law under the
reform observation (Alter, 2010). Below given is procedure that needs to be followed by
government in order to propose a bill which is known statutory documents that usually begins in
house of commons.
First reading: Proposal of bill is given by government in this stage for first time in house of
commons and it also acts as the initiation of bill by the government in front of Member of
Parliament.
Second reading: In second reading, MPs and ministers of government will discuss the
provisions and proposal of bill which has been made by parliament. In case any controversy, bill
has been passed to House of Lords without any voting. Voting from the Member of parliaments
have been taken at end of this stage to analyse that whether this bill needs to progress or required
any changes.
Committee stage: Proposal of changes has been given by members of parliament to the
government on the basis of examination by specialized group of individuals which can include
solicitors and police departments.
Report stage: In this, bill is being amended and appropriate changes will be reported to the
relevant house in the stage (Hazen, Markham and Coyle, 2016). Members in the parliament then
provide their reviews on bill and those who are involved in previous stage and also provide their
suggestions in order to propose and implement relevant changes in the bill.
Third reading: This stage involves the debate and discussions are made by MPs on the bill.
Voting has done on the done on bill before the final submission. Further, amendments have been
introduced for bill. After all the amendments bill will get an approval from parliament then
transferred to the house of commons and after getting approval from house of lords it will
transfer to the queen for royal assent.
Royal assent: At last stage, royal assent is also required in order for a statutory bill to become an
act. Further, Queen will provide her consent on bill and after getting approval, it becomes an act
of parliament and considered as statutory law.
4

Further, application of the statutory and commercial laws in the justice courts have also been
discussed above:
Statutory laws: From the above research, it has been analysed that statutory laws applied with
the help of public and private bills in order to covert them in to an effective law (Michalos,
2017). Further, laws enactment has been made for the enterprises to introduce and regulate their
business operations within a country effectively. An example: a New business enterprise need to
abide some laws like companies act, payment of wages act and employment rights act.
Commercial laws: These laws are usually applied commercial enterprise that regulate business
in home countries along with the other nations. These commercial laws involve the legislations
and act like sales of goods act1979. Which have applied for the products and service sold by the
firm. For example: A business considers and comply with these legislations for the establishment
effectively.
SECTION 2
P3 (a) Employers obligation in relations to:
1. Occupational health and safety act 1974: According to this, employers has its various
obligations towards the employees hired by him at workplace (Uysal, 2014). This
obligation will help the employees to secure their health and safety regarding the issues
within the organization.
 Handling of safety and use of powerful and the dangerous equipments.
 Providing information related to the all the harmful areas in the organisation.
 Proper maintenance of work environment.
 Undertakes training program to assure that health and safety at workplace.
2. Workers compensation: It will provide benefits of compensation for the employees in
order to manage their work from home through the another day due to specific and
important justifications (Schmidt, 2017).
 Compensation for the employees in case of heath and safety issues or injury.
 Policies and plans for the compensation as per the employees.
 Medical treatment compensation along with the leaves.
5

3. Harassment: This act will help the employees to safe guard from the harassment
activities at workplace. It provide the opportunities to employees to make complain
against the employers and organization if they are making any sort of discrimination and
harassment.
 Security from the harassment activities like an extra working sexual or religion etc.
 Making an awareness of the psychological , sexual and physical harassment at
workplace.
 Evaluation of the risk that is reasonably enforceable violence towards the workers in the
organization.
4. Equal opportunities: This is an important act that deals with the employees working in
the organisation in order to have access for getting the equal opportunities. Equality at
workplace will refers to the sex, age, religion, race and gender disability etc.
 Equal opportunities towards the application and selection of the pre phase of
employment.
 For training and development opportunities needs to be provided at workplace.
 Equal liability for the employment termination with the fair reasons.
P3(b) Relevant employment laws and contract law that have potential impact on business.
Health and safety act 1974: This cat usually provides the provision related to the health
and safety benefits for the employees working in the organization appropriately. From the above
scenario, it has been legally understood that the girl was having the age of 16 years working in
the outlet of fast food and it is usually considered as minor (Morley, 2016). According to
contract law, minor are not eligible to enter in to contract. Further, it is clear that employers has
also violated the rules of under employment. The team leaders was not present when the situation
happens as he was having the responsibility to take care of other employees. No safety
equipments was there at workplace which is also an cat of breaking the rule of contract.
Therefore, as per legal provisions employers has the liability to provide compensation to girl and
also needs to provide medical treatment expenses. As per the judgements of civil court,
employers is liable to pay all damages as the situation was avoidable and due to lack of safety
6

equipments the girl has become the subject of situation. Therefore, strict legal actions will be
taken against the employer.
SECTION 3
P4 Appropriate legal solutions for above business problems.
(a) In the first case, Calvin who was employees of Mrs. Donna working in fashion from last
4 years. One day found suspicious by the owner , when she arrives at the work. She found some
doubtful with the Calvin that he was acting very suspiciously. Then she checked the petty cash
book and found that £100 was missing. This thing has made them angry and without asking for
any justification from the Calvin, Donna has terminated him by making an allegation of thief.
These all activities have been done by the employer without providing any notice to the
employer or examining the other employees. Thus, it clearly defines the case of unfair dismissal
from the job because the employers was not found guilty. As per employment act 1966, allows
the Calvin to make complaint against the Donna in order to remove those allegations and proving
himself innocent (Scheuer, 2015). Apart from this, if the employee will found guilty then the
owner needs to provide him one notice to leave the job. And when the Calvin is not found guilty
then he has right to demand compensation from the employers or take appropriate actions.
According equality act 2010, employer also need to undertake an investigation with other
employees. Unfair dismissal act , employees can only demand compensation when the has
completed minimum two years in the organisation and it clearly found in the case study that
Calvin was working from last four year. Therefore, he was eligible to claim damages.
(b) From the analysis of above case study, it has been found that Kelvin 's father Mr. Dan
who was the owner of convenience store and that store was completely destroyed by the fire.
Further, Mr. Dan has made a claim for fire insurance in the company. Later on eventually the,
Mr. Dan has reopened the store at different location. At the time of filing, the fire insurance he
was asked in proposal from that does he has made claimed on insurance policy (Law, Buhalis
and Cobanoglu, 2014). For which he has answered No, without having sufficient information
that he has made a claim before 23 months . Later on the same situation arise and store was
completely destroyed by fire. At time of claim, insurance company has refused to settle the claim
by saying that Mr, Dan has provided wrong information. According to the contract act, Every
party involved in the contract needs to provide correct information otherwise contract will not
7

consider as valid. In this, Mr. Dan has provided wrong and thus insurance company is not liable
to pay insurance claim. Although, he has not having correct information but it will support him
to bear the losses from insurance company.
P5 Justification for solutions provided for business problems.
A) From the above case, it is justified that it is case of unfair dismissal in which Calvin was
terminated by her employer Donna without any notice. According to contract law of English
legal system, employees is entitled to claim damages in situation when he was not found guilty.
Although, it was not even proved by employer that he was found stealing from the petty cash box
(Allen and Kraakman, 2016). Therefore, law states without having any valid proof, individual
cannot be considered as guilty. It is clear that termination of Calvin was completely unfair.
According to employment rights act, he liable to get employment and compensation.
B) Second, losses claimed by Mr. Dan was refused to pay by the insurance company by
saying that owner has provided wrong information. It has been clearly identified that the owner
has claimed his previous fire insurance before 23 months rather than 24 months.
According to contract law, parties needs to be clear about the terms of contract and also provides
correct information while filling the proposal form (Bendell, Collins and Roper, 2010). Further,
court has provided a judgement that parties without having sufficient information has filled the
form and provided wrong information. Therefore, he is not entitled to claim any damages.
SECTION 4
P6 (a) Concepts and benefits of using alternative dispute resolution process.
Alternative dispute resolution is a effective process under English legal system that is
used to resolve the issues and problems that arises between two or more individuals and
enterprise without including the procedure of court. Further, this process involves some elements
like: Conciliation and mediation: Most effective process that involves the neutral mediator
who is appointed by the parties to resolve the problems (Besley, 2015). Collective
bargaining is instrument in which the representatives of parties meet and negotiate on the
terms of contract in order to compromise on terms of contract. Beneficial as it takes less
time and does not require costs of trial.
8

 Adjudication: It is also effective measure to use, independent also considered as less
formal as compared to arbitration. In this, parties to dispute will involve an neutral
personality i.e. Adjudicator. Which consider the documents and facts of parties and
provide judgements. It will focus on the areas which is causing complains and problems
effectively.
 Arbitration: It uses an independent arbitrator which is for the CIARB, appointed by
organisation to provide valid decisions for resolution of problem (Brush, Edelman and
Manolova, 2015). Arbitrator mainly focuses on the written evidence which is sent nu
traders and customers effectively. Decision given arbitrator are legally binding for trader
and customer.
P6 (b) Recommendation of alternative legal solutions to the business problem.
From the case study, information is analysed that disputes occurred between two parties
such as Antown and Tyrell. It is also found that Tyrell who was owner of software development
company has involved in the contract to develop software for employees of Antwon. Employees
are dissatisfied with the services of Tyrell and made complaint againts him. And it is clear from
the above statement that both the parties didn't want to break their working relationship with
each other (Morley, 2016). After analysis of this case, it is suggested to the parties that they
should use the process of mediation in which they should appoint a neutral person as mediator
between them which will provide his suggestion after analysing the facts and point of view of
both the parties. This process is considered as effective as it not involves court trial , less time
consuming and no major loss needs to be faced by the parties. Mediator will consider the
problems and analyse why the software are not working and will make suggestions to tyrell.
CONCLUSION
In this report, it is concluded that English legal framework plays an important role in
regulation various laws and legislations in the country. There are various sources from which the
laws are generated like common laws, international court, European court and customs.
Government of UK plays an important role in making laws and follows the legal procedure
provided by the constitution. Further, business are highly susceptible to amendments in sort of
legal and source are also been discussed. Contract law has provided an understanding that parties
to the contract needs to provide correct information in order to make the contract valid.
9

Mediation is an effective alternative dispute resolution procedure for the case of Antwon and
tyrell.
10