Business Law Report: English Legal System, Employer Duties, and ADR

This report provides a comprehensive overview of UK business law, encompassing key elements such as the English legal system's structure and sources of law, including statutory and common law. It delves into the role of the government in law-making, the duties and responsibilities of employers in various situations like health and safety, compensation, harassment, and equal opportunities, and the interplay of contract and employment law. The report also examines methods of resolving disputes, including alternative dispute resolution (ADR) processes, and offers recommendations for their implementation. The report covers relevant legislation like the Employment Act 1996, Equality Act 2010, Working Time Regulations 1998, and Trade Union and Labour Relations Act 1992. Overall, the report aims to provide a detailed analysis of the legal framework governing businesses and employment in the UK.

BUSINESS LAW

Table of Contents
INTRODUCTION...........................................................................................................................1
TASK 1............................................................................................................................................1
P1. Sources of law as well as structure of English legal system.................................................1
P2. Role of government in process of law making and & statutory and common law...............3
TASK 2............................................................................................................................................4
P3. (A) Employer's duty in different situations...........................................................................4
P3. (B) Contract and employment law........................................................................................5
TASK 3............................................................................................................................................6
P4. Problems resolved through some specific solution...............................................................6
P5. Solution for conflicts.............................................................................................................7
TASK 4............................................................................................................................................7
P6. (A) Process of ADR..............................................................................................................7
P6. (B) Recommendation for Alternate dispute resolution and compare with other county......8
CONCLUSION................................................................................................................................8
REFERENCES................................................................................................................................9

INTRODUCTION
The law applies on further businesses and related with contract is known as business law.
Employment law is also involved in this concept which have to be follow by organizations
during employment. Rights and interest of employees has been protected through this law. This
is a concept in which two or parties are bound to prepare legal agreement and try to comply with
it as well. There are different types of rules and regulation which are imposed on them as per the
provision of law. In present structure of English legal system and sources of law has discussed.
Government of UK is responsible to protect and for same reason they have to frame various rules
and policies. Statutory as well as common law are applied in justice of court which are helpful in
growth and development legal system (Deakin, 2011). Present report consist information related
to duties employers. They are not able to dismiss employees without any justified reason.
TASK 1
P1. Sources of law as well as structure of English legal system.
Legal system of UK follows systematic structure of law which is able to comply with
rules and regulation. The decision of precedent is biding all courts to follow legal procedure in
effective way. Through this dispute has been easily resolve and fair justice.
Above mentioned graph shows structure of English legal system which needs to follow
by them. Population who wants to file claim against any person then can do so in different courts
such as court of appeal, crown court etc. It is considered as two types of criminal and civil. Both
concepts are different from each other which define various procedure. Any dispute arises
regarding criminal or civil matter which can filed in this legal body.

Sources of law which are as follows-
Constitution- It is the biggest source of law which bound country to follow rules and
policies. It is able to separate power of legal authorities on the basis of their skills and
knowledge. They have to follow rules which are imposed on them. This concept is able to protect
interest of people and provide different to them as well (Kraakman, Armour and Davies, 2017).
It consists various articles, provision for betterment of growth and development of country.
Provide protection to old age group of people, handicapped employees, children, women etc.
Mentioned appropriate solution for any type of dispute arise among parties.
Legislature- UK having its own legislation which is different from other countries.
These are able to governed legal authorities such as statutory and statutes laws. It is legal body
which governs rules, regulation or policies and bound entire country to follow the same. It
having impact on existence of business organization. They have to manage operation accordingly
in order to comply with them.
 Statutes- It is legal structure which has to be passed by legislature and involve
rules as well.
 Statutory law- Legislature is responsible to form this legal body and consider it as
a part of statutes.
Illustration 1: English Legal system, 2017

Executives- President is considered as supreme who is the significant source of law.
They are responsible to pass order which are relevant to entire country. They having certain
power to introduce new act in country after conduct discussion with other authorities.
 Treaties- It is legal agreement which is created among two or more states in order
of fulfil their own obligations. It contributes in growth and development of legal
system. One representative from each state is able to represent their own state
who having certain skills and knowledge. They individually sign legal or written
contract on behalf of entire state (Burk and McGowan, 2010). They have to fulfil
their obligation which are imposed as per the rules and procedure which is
mentioned in agreement. They have to maintain relationship with each other.
Judiciaries- It is the legal body which is considered courts. There are different types of
courts which consists judges, lawyers and much more which play significant in court. They are
responsible to resolve issues of parties who present their case in order to resolve their dispute.
Judges are able to provide fair and timely justice to them (Mason and Stephenson, 2015).
Effective decision has been taken in favour of innocent and in against person who conduct
wrongful act.
 Common law- In this concept decision has been taken by legal authorities.
Judgement of court needs to be protect interest of entire country and maintain
their rights as well.
 Case law- In which judges has been consider previously discussed by them. They
try to resolve matter with the help of other cases which are relevant to them.
Administrative agencies- This legal body is involved in every state of government such
as local, state and so on. It is formed by legislature in order to resolve matter as well as able to
monitor existing laws. These types of agencies have been incorporated by government of UK
which is beneficial for entire country (Leung, Van Hoof and Buhalis, 2013). Statutes needs to be
filed by them in order to provide fair justice to people and protect their interest as well. These are
specific sources of law through this they able to manage overall management of country.
The four major sources of law according to English legal system are as follow:
1. Employment act, 1996: According to this legislation, companies are bound to not to
terminate any of their employee without any pre notice period or can be said as unfair

dismissal. If an organisation is going to do so then they have an employee have a right to
file a case against them.
2. Equality act, 2010: As per this amendment, the chances of discrimination between each
and every employee get decline. If any organisation will lead to find in such type of
practises, then a strict action has taken against them.
3. Working time regulations, 1998: As per this legislation the time duration of each and
every employee is fixed and if any of a worker will lead to work extra, company have to
pay some extra wage to them according to work. If any organisation will lead to find in
such type of unfair practises, then a strict action has been taking against them.
4. Trade union and labour relation act, 1992: As per this amendment, a fair and appropriate
relation have to be framed between employees and labour union so that in case of any
problem appropriate decision can be taken on the behalf of workers.
P2. Role of government in process of law making and & statutory and common law.
Government is supreme body which is responsible to protect existing laws of country
which are enacted by parliament with follow systematic procedure. The body is able to protect
interest of people and framed various types of rules and regulation. Legislation is able to framed
draft of bill and send the same to parliament. After getting approval bill become act and bound
entire country to follow rules and regulation. They have to comply with procedure which are
imposed on them. Roles of government in decision making process of law is as defined below-
Provide vision or goals- Initially, government have to resolve matter through attain their
goals and objectives. The effective decision needs to be taken after discussion with other legal
bodies. Process is beneficial for entire country to maintain smooth functioning.
Introduce new policies- Government having power to introduce new policies after
identify current matter. The process is able to maintain relationship among legislative and
executive structure.
Finalising policies- After complete identification government have to finalise policies
which are able to maintain lawful procedure. Ministry is responsible to resolve matter which are
already mentioned on white paper. Through this paper policy various matter has been easily
resolve in effective way.

Passing law- After achieve above mentioned step government is able to implement them.
It is beneficial for them to maintain performance of entire country.
Behind passing any bill, following are the same number of stages which have to get
passed in an appropriate manner.
First stage: Bill arrives at the lord of the house in which bill is presented to all the respected
members of parliament.
Second stage: A debate has been discussed between all the members that is a bill appropriate for
all members of a country or people who are related with that.
Committee stage: On this stage, votes get drawn out for the bill whether the amendment is
helpful or not for general public.
Report stage: On this a final chance is provide to all the members to make that further changes
are necessary or not.
Royal assent: This stage arrives at that time when both the houses are agreed for the changes and
the bill get approved by the Queen.
Hence, this is a process which are taking place behind passing the bill.
Statutory and common law both legal system is beneficial to take effective decision and
resolve matter of parties and satisfy them (Hung and Law, 2011). Statutory law is mentioned
under law in written form. Precedent frame common law which are related to case laws. These
are useful to resolve matter which are related to previously discussed dispute.
TASK 2
P3. (A) Employer's duty in different situations.
Health and safety.
According to health and safety act 1974, employer is responsible to provide proper safe
and secure environment to their employee. They have to provide information about risks
available in work place which able to create hazards for them (Michalos, 2017). Frame various
plans and strategies in order to prevent their subordinates from serious injury. They need to
provide safety equipment to them for prevent them from any type of serious injury.
Compensation of employees.

Compensation is amount which is paid by employers to their employees other than salary
or any type of remuneration. The rate has been mentioned under provision which have to follow
by employers and comply with accordingly. If worker got serious injured during employment
because of negligence of employer. In this case, employees having right to file claim against
them in order to receive claim equal to damages caused to him.
For example- A is the person who employed in organization which is employed by B. A
work on hazardous machine without wearing any equipment. He does not even have knowledge
about hazards. Eventually, he got injured and employer name called B is clearly responsible for
the same. In that case, A having right to claim against employer and receive amount to the
damages caused to him.
Harassment.
If any company not able to protect interest or rights of employees and misuse their power,
then the situation is called as harassment. It is clearly wrongful act which is not enforceable by
law. Every employer is bound to follow rules and regulation which are imposed on them
(Sprague and Wells, 2012). As they are bound to provide safe and secure working environment
at work place. If they conduct harassment with them then staff members having power to file
claim against them.
Equal opportunities.
Every type of company is bound to follow rules which are mentioned under Equality act
2010. Employers have to provide equal opportunities to all their staff members on the basis of
sex, race, religious, place of birth etc. Government or other legal authorities imposed penalties on
them if they conduct discrimination. They have to follow equal pay for equal work which is
beneficial for them and for employees as well. They need to pay salary and other allowances on
basis of their skills, knowledge and experience.
P3. (B) Contract and employment law.
The business organization which are incorporated have to be follow entire rules and
regulation which are imposed on them as per the provision of law. There are different types of
acts which are relevant to them are as aligned below-
Employment law- It consists various situation and rules which are able to apply on every
organization. This act defines roles and responsibilities of employers and other staff members.

According to this law employer are bound to provide safe and secure working environment to
their workers. They sign an agreement which their employees at the time of appoint them. There
is written document which consists basic requirements of company and its roles as well. So then
they are bound to company with and maintain their function as per expectation of staff members.
They have to provide salary as per previous discussion on same matter (Trompenaars and
Hampden-Turner, 2011). Employment right act 2010 is related to this which is able to protect
and interest of employees. On the basis of Health and safety act 1996 companies have to conduct
training session for their employees in order to enhance their skill and knowledge. Provide
proper knowledge about risk involve in hazardous machines on which they are working.
Contract act- At the time of appointment of employee’s organization sign written
agreement with them and consist various types of information related to entity. So that, both the
parties are bound to follow rules and regulation which are imposed on them as per the provision
of law. They have to take care their worker and aware them about risk involve in work place. For
the same purpose entity frame plans and strategies which are beneficial for them and implement
them according to requirement.
On the basis of given scenario, a 16 years old girl is engaged in work of cook fries at
deep frying rang in a food retailing firm. Eventually, water has been leaking from ice making
machine. Because of this reason she slipped on floor and her right hand went into deep fryer oil
container and through this her left hand got burn 360 degree of temperature. In that case, team
leader is responsible to maintain safety and take care 16 years old girl but he failed to do so. Girl
is able to file claim against team leader and receive claim equal to damages caused to her.
TASK 3
P4. Problems resolved through some specific solution.
(1)
Organization are not able to dismiss employees without notice or advance salary of at
least one month if they do not have any justified reason or evidence. No employer can cancel
employment without any reason (Perry and Stone, 2011). They have to obtain reason for doing
same. If employer failed to do so then workers having right to file case against them and receive
amount of compensation as well. There are certain rights has been mentioned under unfair

dismissal act which defined certain rules, regulation and policies mentioned under provision of
law.
As per given scenario, Calvin employed in firm which is managed by Donna as a
employer. He is working from last 4 years. On Monday Donna arrive in morning and realise then
her 100 pounds are missing. And she found that Calvin theft her amount and decided he no more
working in entity. On the basis of doubt only she cancels his employment without giving notice
or advance salary as well. In this case Calvin having some rights which are as defined below-
Receive notice- According to given case scenario, employee having to receive notice of
dismiss with justified reason. Donna have to prove his fault and as an evidence mentioned in
notice as well.
Advance salary- If employer wants to suddenly dismiss worker on the basis of doubt or
any other reason than they have to provide at least one-month salary to them. In given case
Donna is failed to do so and Calvin having right to file case against them.
Evidence- No employer can dismiss employee from firm without any lawful or
reasonable evidence. He has to prove his fault. Donna do not have any evidence so that her act is
not enforceable by law.
Case- Panama v London Borough of Hackney. 2003, in this case Panama is working woman
who is engaged in business but she is unfairly dismissed from cited firm. Tribunal found that she
is innocent and then judgement has been passed in against cited firm.
(2)
Every person submit some amount to secure his assets or anything else if they damaged
for any reason then they can receive some amount which is known as insurance claim (Kadish,
Schulhofer and Barkow, 2011). Every person can do so and if their things are insured then they
having right to receive claim amount. This process consist two parties name called insurer and
insuree. According to given scenario, Dan is the person who owns small store which is got burn
due to fire and he immediately purchase him new store and file claim for old store. After that
insurance company asked him that he receive claim amount 2 years before. But with mistake he
denied for this. For this reason, company refused to provide claim amount to him. But as to
provision of law there is no specific time period to file claim. So that, Dan having right to receive
insurance claim up to the amount mentioned under law. Certain amount has been deposited by

person as insurance claim. This is right of person to receive specific amount after stipulated time
period. They have to follow rules and policies which are imposed on them. Insurance company
needs to comply with provisions of law.
P5. Solution for conflicts.
In first given case scenario, team leaders are bound to follow his duty and prevent
employees from any type of hazards. But in that he failed to do so and 16 years old girl got
injured. But she having right to file claim against him and receive amount of compensation as
well. On the other hand, in second case Dan having to receive compensation amount for the store
which is burn due to fire. Insurance company is bound to provide his insurance claim as well.
Various problems occur in business organization which can easily resolve by rules and
regulation mentioned under business law. This law provides effective solution for each and every
type of problem which occur. Through this parties can receive effective solution for their
problem and able to get best possible solution for them.
TASK 4
P6. (A) Process of ADR.
Alternate dispute resolution is the another way to resolve dispute of parties. It is the legal
body which incorporated by courts when they become overburden with varieties of cases. This
legal body is able to resolve matter in timely and manner (Ardichvili, Jondle and Kowske, 2010).
Parties receive fair justice for their dispute. But population must ensure that if they file claim in
courts then they are not able to file same case among same parties in ADR or vice versa. There
are of two types-
Arbitration- It is the legal resolve dispute of parties by providing fair, cheap and timely
justice to them. The person who act as mediator and try to resolve matter of parties is known as
arbitrator. He hears matter from both party and take decision (What Is Business Law? -
Definition & Overview. 2017). His final needs to follow by people which is known as arbitral
award. Parties and arbitrator both needs to sign award and follow decision which is mentioned in
it.
Conciliation- It is also coming in concept of ADR. In this process the person who is
responsible to resolve matter is known as conciliator. He should hear matter from each of the

party and try to resolve with the help of settlement agreement. It is different from arbitration
because in this concept one of the party needs to compromise for another.
Some benefits of ADR are aligned below-
Easily resolve dispute- If parties file their matter in ADR then they can easily resolve
their matter in effective way. There are no complications so that easy to file claim and resolve
matter as well.
Cheap justice- Filing of case in court is becomes costly for them but ADR is able to
provide require less amount then others.
Simple process- ADR is the simple process rather than courts. This is the time consuming
process for them and through which they easily resolve matter as well.
P6. (B) Recommendation for Alternate dispute resolution and compare with other county.
Through ADR process population easily resolve matter in comparison to courts. They
receive full satisfaction from this legal procedure. The legal procedure of UK is different from
other country like USA. Government of UK frame legal procedure and implement them as per
requirement (Werbach and Hunter, 2012). On the other hand, legal procedure of USA is different
from UK because their staff members are not able to follow systematic legal procedure.
On the basis of given scenario, Antwon is the person who owned huge investment in a
business organization which is managed by Tryrell. Some conflict has been arising among them
which is can be easily resolve if they file case in ADR rather than file case on courts. Both
parties want to maintain relationship among each other which is beneficial for both.
CONCLUSION
On the basis of above report, it has concluded that English law follow systematic
structure of legal proceeding. There are different types of sources of law through which country
maintain smooth functioning. Employer is responsible to provide safe and secure working
environment to their employees. Manager and leaders of every company have to conduct training
session for their subordinates in order to enhance their working performance and work quality as
well.