Business Law Report: Legal System, Obligations, and Dispute Resolution

This report delves into the intricacies of business law, focusing primarily on the English legal system. It begins by outlining the various sources of law, including common law, statutory legislation, and the European Convention of Human Rights, emphasizing the government's role in their development. The report then explores employer obligations concerning occupational health and safety, worker compensation, harassment, and equal opportunities. Two case studies are presented, examining unfair dismissal and breach of contract, with appropriate legal measures and justifications provided for each. The report also introduces the concept and benefits of Alternative Dispute Resolution (ADR) processes, recommending suitable ADR solutions for business problems and comparing the effectiveness of different approaches. The analysis demonstrates the significance of business law in ensuring secure and safe business operations, highlighting the importance of seeking expert advice and adhering to relevant legislation. The report concludes by summarizing the key findings and reinforcing the significance of the English legal system and its impact on businesses and individuals.

Business in Law

Table of Contents
INTRODUCTION...........................................................................................................................1
TASK 1............................................................................................................................................1
P1 Explanation about the various sources of law........................................................................1
P2 Description about the roles and responsibility of government at the time of development of
law...............................................................................................................................................2
M1 Descriptive of the advantage of the legal system.................................................................3
TASK 2............................................................................................................................................3
P3 Explanation about the employers legal obligation in relation to...........................................3
P4 Appropriate legal measures for each case..............................................................................4
P5 Provide justification for the solution in the above cases........................................................5
M3 Positive and negative impact of legal sdolution on business problems................................6
Section 4......................................................................................................................................6
P6 ................................................................................................................................................6
a.) Concept and benefit of Alternative Dispute resolution (ADR) process.................................6
b.) Recommend the proper ADR solution to the business problem............................................7
M4 Compare and Contrast the effectiveness of the two recommendation.................................7
D2 Critically evaluate the use of appropriate legal solution in comparison of alternative legal
advice..........................................................................................................................................7
CONCLUSION................................................................................................................................8
REFERENCES................................................................................................................................9

INTRODUCTION
Business law is very significant aspect in the present time by which every one can effectively
carry out their business activities and function and live in secure and safe manner in the market.
Government have developed some kinds of legislation and law which have to followed by the
company in order to carry out their business activities ion safe and secure manner. There are
several practices and policies developed for organisation through which customers and
employees can keep secure (Jones, 2017). The business can't overlook such factors else it is
outlandish for the business to play out its movement and its exercises are additionally
unfavorably influenced. It is better for the business to apply the business law and look for the
master counsel from bookkeepers and lawyer since they give the most ideal advices and
furthermore find a way to secure the business. Different business are there need to take after
down various laws and those laws which are most reasonable for business and furthermore
causes them to lead their tasks and make their action significant. The present report provides the
knowledge about the significance of the English legal system and role of government in this
development.
TASK 1
P1 Explanation about the various sources of law
In the structure of the English legal system, Wales and England covers and in the
hierarchy of the English legal system superior court is situated at the top level. The supreme
court have right to take the all major decision regarding the working within the company as well
as country. Further, the decision which is made by the supreme court is followed by the other
lower level court (Beatty, Samuelson and Abril, 2018). The house of lord is another name of the
supreme court. The English legal system structure is divided into two part that is Criminal and
civil division.
Following are various sources of the legislation in the English legal system-
 Common law- This is the source which developed by government. The court have
developed this legislation in the form of previous decision (Vanhala,2018). The whole
power is in the hand of senior appellate and they also have right to make the important
decisions.
 Statutory legislation- This is one of the significant source of the English legal system that
is developed by the UK government in order to provide the protection and security to the
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company as well as individual (Christensen, Onul and Singh, 2018). This kid of
legislation is generally made by the parliament which includes several kinds of articles
and section regarding the working within organisation as well as people. With help of this
legislation and law, company can enhance the sustainability and effectiveness within an
organisation.
 European convention of human rights- This English legal system has been developed by
the EU in order to protect the rights and precise of the employees within the country
(Scott, 2018). By use of this legislation, human right can protect within the country and
anyone can live their live in more secure and safe manner within the country. By help of
this legislation no one can misuse the rights of other individual.
P2 Description about the roles and responsibility of government at the time of development of
law
While law and legislation develops in the country then government have major role in
this development procedure. Government have responsibility to look toward the actual problem
of the public and then focus on the methods to solve that issue. The following procedure can
consider at the time of making the bill within the country-
Bill:The first the bill is drafted and content is made and presented by necessities of the bill. The
specific illustration covers under the bill and it is in sort of open, private and private individuals
charge (Neubauer and Fradella, 2018). The private bill influenced specific individual or social
event and it is the major responsibility of MP to arranged such bill. People when all is said in
done bill had down an effect on more noteworthy number of people and it is the commitment of
organization to engineered such bill. Some of them are Constitution change act,2005 and
Criminal esteem act,2003 et cetera.
Reading firstly: While the bill has passed from the first stage then it move for the first reading.It
is starting stage in the process identified with law progression and quickly the bill is examining
and made under the House Out of Commons.
Second reading:The talk about is guided with respect to its examination and believability is in
addition endeavored and the alterations of the bill is based by the conclusion. A while later, the
voting is driven for that bills and that pick whether the bill is passed or not (Guerrina and
Masselot, 2018).
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Committee stage:The detail examination and testing is driven for shown bill and it will be
composed by individuals from place of house to check and to survey its criteria or satisfaction
for which it comes.
Third reading:It is made by the hose of lodging and introduced the change charge in whose
assistance the voting is composed in past to check it certification and dismissal.
House of lords:In this development the place of specialists outline down the bill and again it sent
them to House Of Commons.
Recognized Ascent:It is the last approach, when every single one of the conditions concerning
the bill is satisfied and it is passed then such bill change into the law and it will rely upon the
parliament to perceive or to reject such bill.
M1 Descriptive of the advantage of the legal system
As per the above discussion it has been analysed that there are several kinds of sources
within the English legal system and government have major role in the development of the
legislation within the country (Teti, Abbott and Cavatorta, 2018). The major effectiveness of this
English legal system is that it helps to the individual as well as organisation in keeping secure
their activities, functions and work. Wit hep of the English legal system, corporation can carry
out their function in safe and secure manner.
TASK 2
P3 Explanation about the employers legal obligation in relation to
Occupational health and safety- The major objective of this legislation is to provide protection
to employees at workplace. With help of this legislation, organisation have to provide the safe
and secure working environment to employees where there can not any harm and hazard. The act
includes all kinds of effective working environment, conditions such as handling machinery,
maintenance of working environment, safe operation etc (Trad and Kalpić, 2018). As pert this
law, Human resource manager have to adopt such effective practices and polices through which
company can create the safe and secure working environment workplace where no employees
can get harm, and injury. If any kind of injury and harm occurs with employees then it is great
responsibility of organisation is to provide the expenditure and remedies for recover their
injuries.
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Worker compensation- This act is developed in order to provide the wages, salary, bonus and
compensation to employees according to their performance and efficiency. If any employees
works exceed to their limits and working hours then it is great responsibility of management to
provide the compensation and incentive to that workers.
Harassment- This is another one of the effective legislation developed by the government in
order to provide protection a d security to employees at workplace (Kolasa, 2018). As per this
legislation, no company can harass to any employees. Furthermore, it is also a great
responsibility of employer to protect that employees who is harassed by other individual within
an organisation.
Equal opportunities- This is one of the major effective legislation within the employees rights
act by which all employees have developed rights within the company regarding their salary,
facilities, treatment etc. By apply this legislation, no organisation can discriminate any
employees on the basis of their age, gender, region, culture, background etc. All personnels have
equal right to get effective facilities, working environment and salary according to their
efficiency and productivity.
P4 Appropriate legal measures for each case.
In the first case, Calvin was working since 4 years in the business firm. But one day his
employer and store owner Mrs. Donna arrived at workplace to see Calvin was working
suspiciously. When she checked the cash box, she found £100 missing from it. Without any
further investigation, she went to Calvin's cabin and dismissed him without any prior notice by
calling him a 'thief'. This is wrong under the law and Calvin is liable to get proper compensation
from his employer on the basis of the rights under the unfair dismissal and wrongful dismissal
protection act (Mann and Roberts, 2015). This will help him to get his salary from the firm and
he can even ask for an apology from Mrs. Donna. The first law will help the Calvin to get the
proper compensation from her to employer Mrs. Donna this will help him to get the proper
compensation and he can even ask for an apology from Mrs. Donna for her rude behaviour. This
will help him to regain his integrity and dignity, against the unlawful action which is been taken
into consideration by the store owner on the basis of doubt without any further inspection.
In Second case, Kevin father, Mr. Dan had a convenience store which got destroyed in
fire. He opened another store and applied for the fire insurance and when the proposal asked him
if he had applied for a fire insurance previously within 2 years to which he denied. Te new store
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also got damaged in the fire and when Mr. Dan reapplied for insurance, it was found that he had
applied for a fire insurance in past 23 months which is less than 2 years. Thus, his claim was
dismissed. Under the contract law, Mr. Dan is not liable to get any compensation from insurance
firm as under the contract law, a contract is the legal agreement where both the concerning
parties are required to provide complete and suitable insurance, to prevent violation. As Mr. Dan
failed to provide correct information about his previous claim, insurance company is not liable to
pay him compensation. Mr. Dan had a convenience store which got destroyed in fire. He applied
for the fire insurance claim and opened another store in different locality (Jones, 2017). He was
presented with the insurance proposal and was asked if he had applied for any claim within 2
years. He, without any proper investigation denied the claim and replied No. Now when the
second store was destroyed in the fire and he again claimed for the insurance, his claim got
denied by the insurance firm which found that he had claimed a for insurance 23 months ago
which is less than the 2 years thus he is not liable to get any sort of insurance claim for breaking
the contract law and providing incorrect information to other party in contract.
P5 Provide justification for the solution in the above cases.
In the first case, as Calvin was working since 4 years in the firm which indicates he is a
good and honest employee. But when his employer Mrs. Donna find him acting suspiciously and
seeing the £100 missing from the case box, she dismissed him from his job. Before terminating
Calvin she should have investigated the other employees in the store and on founding him guilty,
should have dismissed him. But she failed to do so and terminated Calvin without any
interrogation on the basis of doubt, which makes Calvin liable to apply for proper compensation
and apology from her former employer under the Unfair and wrongful dismissal act.
In the second case, Kevin's father, Mr. Dan had a convenience store in a locality, which
got destroyed in fire. He applied for the fire insurance and opened another store in different
locality and when the insurance contract proposal was presented to him, asking if he had applied
for the fire claim in last 2 years to which he replied No. Now when his second store was also
destroyed in fire and when he applied for the claim he was denied as insurance firm found that he
had applied for the insurance about 23 months ago which is less than 24 months or 2 years.
Thus, this nullifies his claim over the proper compensation or insurance claim under the contract
law. According to the contract law, both the concerning parties in the contract are required to
provide effective, complete and valid information in order to avoid the denial of claim or any
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sort of conflict. But as Mr. Dan failed to provide the correct information about his previous
claim, insurance firm is not liable to provide him with his proper insurance claim. Mr. Dan
would have taken some time to investigate the details about the previous insurance claim. After
finding the proper details about it, he should have given the reply to the proposal and have
applied for the insurance claim, failing to which, he will not get any claim (Beatty, Samuelson
and Abril, 2015).
M3 Positive and negative impact of legal sdolution on business problems
Both, Unfair and wrongful Dismissal and the contract law will help in the better handling
of the various operations which will help in the better handling of the respective cases. Thus, the
legal measures will have a great impact on the execution of then various operations in a better
way. The legal measures will have following positive impacts:
 This will improve the ethicalness of the different operations that are been taken into
consideration by the individual or firms seeking justice.
 This will also help in the better management of the different operations which will help in
the suitable handling of the various legal and ethical functions.
But the legal operations will have certain negative impacts too. Some adverse effects of
legal solution to business problems are:
 It is a very time and money consuming process that will lead to the exploitation of
resources of a business organisation.
 It will be dependent of the evidences and proof, absence of which can affect the
resolution of problem (Vanhala, 2018).
Section 4
P6
a.) Concept and benefit of Alternative Dispute resolution (ADR) process.
The Alternative dispute resolution process or ADR process is the effective handling of
the various operations that will help an individual or a business organisation top resolve the
conflicts outside the court of law without any legal intervention. This process is quite gaining
popularity as it is time and resource saving and is beneficial for the resolution of the business
problems in an effective and suitable way. It involves the various process like:
 Arbitration: It involves the involvement of a third part y person known as the arbitrator.
She will listen the claims from both the sides of the conflicting parties and will give the
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suitable resolution to the problem. It is less formal than a legal trial and in non binding
arbitration process, the parties are not liable to accept the decision.
 Mediation: The process is quite similar to arbitration but it will involve a person or a
mediator who will act as the intermediate between the parties to settle the dispute.
 System Jury trials: it will involve a jury who will listen the claims and look after the
proofs and evidences provided by the conflicting parties to get the appropriate decision
and advise to resolve the conflict or issue. The decision of jury is considered as final
(Christensen, Onul and Singh, 2018).
 Neutral evaluation: this will involve the neutral assessment of the different measures
that are been taken into effective consideration by the firm to gain a better productivity
and profitability by resolving the conflict or differences.
b.) Recommend the proper ADR solution to the business problem.
Antwon is a large investment firm while Tyrell is a software firm making software for the
Antwon to make market prediction. Now they want to continue their business relations with each
other, which will be of great benefit to both the firms. Thus, in this case, bith the firm will uswe
the approach of Alternative dispute resolution process. The Antwon and Tyrell will use the
measure of ADR to get their dispute resolved in the effective manner. The Arbitration or SJT
process will help in the better handling of their dispute and will support their business operation.
The Arbitrator or jury will give the proper output or the resolution measure to rectify their
business issue or conflict and will look after the better solution to sustain their functionality and
business relation with each other. Also, it will prevent any sort of differences that are prevailing
between both the firms in conflict.
M4 Compare and Contrast the effectiveness of the two recommendation.
The Arbitration process involves the use of a 3rd party person known as arbitrator who
will take the claims in proper consideration and will give the suitable resolution output. But the
solution of arbitrator can be altered or denied if not satisfied (Scott, 2018). On the other hand,
SJT process will involve a jury who will listen the claims and will give the decision which can't
be denied and is final.
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D2 Critically evaluate the use of appropriate legal solution in comparison of alternative legal
advice
The legal solution are better that the ADR process as it gives the certainty of justice and
will help in the better handling of business problem to get proper claim or resolution of conflict.
CONCLUSION
Thus, it can be concluded that the proper handling of the different measures is been taken
into proper considerations in a business organisation to carry out its functions in a better way.
This will help in the better handling of the different operations. From the report, the British legal
structure can be understand, various legal measures in different cases is been considered and the
ADR process is been discussed.
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REFERENCES
Books and references
Jones, L., 2017. Introduction to business law. Oxford University Press.
Beatty, J.F., Samuelson, S.S. and Abril, P.S., 2018. Business law and the legal environment.
Cengage Learning.
Vanhala, L., 2018. Shaping the structure of legal opportunities: Environmental NGOs bringing I
nternational environmental procedural rights back home. Law & Policy.
Christensen, J., Onul, D. and Singh, P., 2018. Impact of Ethnic Civil Conflict on Migration of
Skilled Labor. Eastern Economic Journal, 44(1), pp.18-29.
Scott, J., 2018. Negotiating Constraints On Legal Translation Performance In An Outsourced
Environment. Law, Language and Communication: Negotiating Cultural, Jurisdictional
and Disciplinary Boundaries. Cambridge: Cambridge Scholars, 1.
Neubauer, D.W. and Fradella, H.F., 2018. America's courts and the criminal justice system.
Cengage Learning.
Guerrina, R. and Masselot, A., 2018. Walking into the footprint of EU Law: unpacking the
gendered consequences of Brexit. Social Policy and Society, pp.1-12.
Trad, A. and Kalpić, D., 2018. The Business Transformation Framework and its Business
Engineering Law support for (e) transactions. In Encyclopedia of Information Science
and Technology, Fourth Edition (pp. 636-650). IGI Global.
Kolasa, M., 2018. Trade Secrets and Employee Mobility: Volume 44: In Search of an
Equilibrium (Vol. 44). Cambridge University Press.
Mann, R.A. and Roberts, B.S., 2015. Business law and the regulation of business. Nelson
Education.
Harner, M.M. and Rhee, R.J., 2014. Deal Deconstructions, Case Studies, and Case Simulations:
Toward Practice Readiness with New Padagogies in Teaching Business and Transactional
Law. Am. U. Bus. L. Rev.3. pp.81.
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