Business Law Report: English Legal System, Acts, and Disputes

This report provides a comprehensive overview of business law within the context of the English legal system. It begins by examining the different sources of law and the framework of the English legal system, differentiating between civil and criminal law. The report then delves into the application of statutory and common law, highlighting the role of the government in formulating acts. Furthermore, it explores the lawful obligations of employers and significant aspects of contract and employment law impacting business scenarios. The report also addresses effective solutions for business problems, including alternative dispute resolution methods. It provides a detailed analysis of the benefits of alternative conflict resolution and recommends effective solutions for various business issues. The report concludes with a justification of the discussed concepts and provides relevant references to support the arguments.

BUSINESS LAW

Table of Contents
INTRODUCTION...........................................................................................................................1
SECTION 1......................................................................................................................................1
P 1. Different sources of law and framework of English legal system..................................1
P 2 Application of statuary or common law and role of government during formulating acts4
SECTION 2 .....................................................................................................................................7
P 3. ( a ) Lawful obligation of employers...............................................................................7
b). Significant contract and employment law impacting on business sceneries ....................8
SECTION 3......................................................................................................................................9
P 4. Effective judicious solutions for business problems ......................................................9
P 5. Justification...................................................................................................................11
SECTION 4....................................................................................................................................11
P 6. (a) Concepts and benefits of alternatives conflict resolution........................................11
b) Recommend an effective solution for different business issues......................................13
CONCLUSION..............................................................................................................................14
REFERENCES..............................................................................................................................15

INTRODUCTION
Law is playing a crucial role in each and every nation as they are responsible for
governing and regulating different facets of society appropriately. There is a large number of
norms or rules imposed by the government bodies which are providing correct direction to
individuals as well as corporation also so that they perform their day to day work and duties
ethically. Such laws are formulated by the members present in parliament that bound everyone to
obey and respect this (Ye and et. al., 2011).. These legislations are designed for the main
intention of making an environment crime or corruption free. Business law is also a part of this
civil legislation that deals with the commercial and corporate world. Some of the norms are
designed for running organisation properly and all companies which are existing in United
Kingdom and even those ventures also which import their goods and services in the UK are bind
to follow such principles. These policies are commonly dealing with public as well as private
law. So, it is also known as commercial law which is responsible for controlling manufacturing
and selling of products, contracts linked with firms, recruitment and dismissal activities, etc. The
present report is divided into different sections which is explaining structure of English legal
system and various acts that are needed to be followed by all companies. In addition to this, part
of government bodies in formulating a law is also discussed in this project. Apart from this, a
technique of solving disputes and conflicts known as Alternative Dispute Resolution is going to
be explained as well.
SECTION 1
P 1. Different sources of law and framework of English legal system
English legal system is also known as European legitimate system. It consists of two
main legislations named as Civil and Criminal as well as having different procedures and
jurisdictional activities (English Legal Materials, 2016). Generally, it is applicable in Wales and
England; but at the same time, lawful bodies of Northern Ireland are also adopting the identical
patterns at their court. This has been examined that English legal system is having a hierarchical
structure where by Supreme Court that is known as House of Lords is present at top level of
hierarchy and its judgement is considered as the last decision. Different other courts are liable to
respect and obey their made conclusion. On the other hand, decisional procedures of European
tribunal are not applied on domestic jurisdiction. Court of appeal is present at second level that is
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below the assembly of supreme and furthermore, categorised into two segments which are
Criminal and Civil division. But, it is to be noted that both of them are variant from each other
which can be understood by the following points:
Civil law Criminal law
This is considered as a branch of governance
which does not contain criminal laws. This is
commonly dealing with the rights and duties
of civilians and corporations present in UK.
This code of norms was derived historically
from Roman legislations. It is having usually
the obligation of solving conflicting situations
that occur between individuals and damages
associated with business that is happening on
a regular basis in society (Swartz,Cole and
Shelley, 2010). This legal system is again
divided into two sections that are statuary and
non – statuary laws.
On the contrary, these norms are used for
providing resolution of those problems that
are connected with criminal actions or
offences which are emerging in state or a
country. In addition to this, it also deals with
interrogation and investigation in order to find
out the guilty person and arresting him.
Punishment is given to such people on the
basis of their intensity of crimes and
evidences found.
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Illustration 1: English Legal Materials
(Source: English Legal Materials, 2016)
Therefore, it has been evaluated with both of the advisory bodies are dealing with distinct
conditions but somewhere the key objectives of both them is same. This is nothing but giving
punishment to those individuals who are involved with illegal activities and making an
atmosphere where there is no air of violence. Furthermore, juristic actors are also attempting to
offer compensation to the victims so that they can start their new life again. Thus, it can be said
that model of European legal system has been formulated in an impressive way by focussing on
the several necessary factors like right of common public, duty of person, fundamental
obligation, development of entire society and nation as well. Thus, English legitimate body is
having the responsibilities of minimising social group problems and issues as well as offering
citizens a protective covering so that they can remain safe from different criminal activities like
fraudulent, attacks, exploitation, etc.
Sources of law
Besides this, one of the main areas that is needed to be paid attention which is the sources
of such laws. This has been observed that legislation is originated since a long period ago and
various things are responsible for its origination that is displayed as below:
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 British Constitution: The UK does not comprises of one particular constitutional
document known as such. In – spite of this, the so – called constitution of United
Kingdom is the collection of principles and laws that is making up the politics of nation's
bodies. This is also referred as uncodified or unwritten constitution. This is chiefly drawn
from four sources that are common law, works of authority, statue law and parliamentary
conventions (Sources of law, 2018). The main reason which is stating that constitution is
a source of law is that it is creating and allocating powers among different lawful bodies,
branches of federal governance system and executives. Apart from this, it is also
assessing the clauses present in articles.
 Case law : There are numerous of cases which are recognized at courts that is
influencing peaceable surrounding of whole society. Therefore, for reducing issues of
common people, it is very necessary to enact various acts by taking care of rights of all
individuals. Thus, case law can be considered as one of the important source of
legislation and having the key motive to set an environment free of discrimination and
corruption; so that every one is treated with equity.
P 2 Application of statuary or common law and role of government during formulating acts
Government body is playing an eminent role in designing and imposing significant laws,
norms , standards or principles within nation so that every on should be given equivalent
opportunities for their development. Furthermore, their primary motive is to serve complete
nation in an effective manner without harming any body by considering essential facts and
information.
This is not an easy task to formulate a law for the entire country as if gets wrong then can
adversely impact on the whole people living in country. Thus, in order to implement the right
and adequate legislation, a bill passes through several stages that at last get converted into an act
and come into force. This is to be noted that House of commons and Lords is liable to take
proper judgement so that correct one is enacted at last (Spalding, 2011). But members present in
these assemblies may reject it ; then it do not approval. Some of the main stages and terms
related with this are discussed below :
 Bill : This is nothing but a document that highlights the description of existed rules. This
is majorly divided into three parts that are private, public and private member bill. Private
member bill is generally introduced by back bencher members of parliament. On the
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other hand, public one which is impacting the whole country is proposed by cabinet in
order to modify the acts of particular nation and conceded by green paper. Apart from
this, private bill is being presented by associates of local authorities, large or small public
organisations.
 House of Commons : They are mandatory individuals of parliament who is named as
MPs . They are elected by public for representing legislative bodies. Commonly, they get
nominated in every coming five years by conducting a process of fair election. But
sometimes, they are also selected members of constitutive bodies gets retires after
specific period of time.
 House of lords : This may comprises of life peers, genetic peers and higher most priests
of church who are existing in England. Majorly, they are considered as supreme court.
Conclusively, it has been evaluated that an effectual stages is going to be followed by
government body at the time of presenting new acts or norms. Some of the main steps of
designing a law is described below :
 First reading : In this step, the title or subject of bill is being presented and what ever
gets introduced is read by house of commons (Snyder and Deaux, 2012).
 Second reading : In second step, debate took place or amendment is being conducted
here for getting aware about the intention or depth of bill. After this, voting procedures is
also carried out in order to know the views of all MPs on that bill. Thus, the key motto of
this stage is nothing but to attain support of political parties as majority of associates
treated as indispensable reason to win of present government.
 Committee stage : In this phase, bill is gain going to be presented in front of House of
Commons for doing brief investigation. And in turn, more amendments is carried out in
this step.
 Report stage : This is considered as final discussion step in context to the reports and it
is the reason of further transferring this back to house for attaining vote again from
workers or associates of parliament.
 Third reading : Hereby bill is again represented in front of house of commons for doing
short negotiation and then last voting is going to be carried out. On the basis of result of
this, bill gets accepted or rejected by them.
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 House of Lords : After then , bill is being transferred to house of lords for carrying out
adequate assessment of all above mentioned stages and this further send to house of
commons for the consideration of enactments.
 Royal ascent : This is considered as closing stage where in final decision is taken by
monarch and by focussing on relevant facts and figures, they approve the bill official .
After this, bill become an act of parliament (THE ROLE OF POLICY WITHIN
LAWMAKING, 2017).
Hence, this has been observed that above mentioned steps are carried out in UK for making a law
in appropriate manner.
Illustration 2: THE ROLE OF POLICY WITHIN LAWMAKING
(Source : THE ROLE OF POLICY WITHIN LAWMAKING, 2017)
Application of common and statuary law
Common law consisting of a consistent reforming structure. Their principles is in total
effect under the judge or in court. In this proceeding, decisions are made by examining the legal
documents as per the cases existing in court. Moreover, here case law consisting of an identical
framework in all over the jurisdictional areas. In criminal cases, House of Lords and Criminal
divisional court is having the power to take legitimate decisions in accordance to the degree or
level of law-breaking.
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On the other side, Statuary legislations is present in written form and are under specific
systems. Herein, model of norms keep changing from administrative and common laws as per
the judgement of court. Public as well as private acts from particular sector of UK are involved
in this structure. Hereby , principles or norms pass through house of parliament for receiving its
approval and take use of various instruments like policies, secondary orders, standards, etc.
SECTION 2
P 3. ( a ) Lawful obligation of employers
Work forces of an enterprise are considered as indispensable asset for overall venture as
all the tasks are performed and regulated by them only. Therefore, it is important for every firm
to formulate an effectual plan of action by concentrating on full filling the rights of entire
workers. Commonly, legitimate bodies are also involved in creating large number of rules or
norms in to safeguard personnels who are working at official sites. Thus, different laws
formulated by government bodies are discussed below :
 Occupational health and safety act : Security is treated as an indispensable factor for
every worker either they are working in small or large companies so that their well beings
can be insured effectively. Majorly, an enterprise is required to enforce several policies
and standards for preventing their staffs from different dangers and hazardous things
happening at work station. Thus, it can said that it is a multidisciplinary act that is
representing concerns with the well - being, improvement and security of employees at
the working place by concentrating on essential needs of staffs. According to this rule,
higher authority of venture is having obligation to design an environment free from every
types of danger and risks. Hence, as a result, this act assures the safety of all individuals
who are performing their task at corporation – al sites.
 Workers compensation : Compensation simply refers to an insurance that is getting
offered by company to their associates in place of their wages. For example, revenue
provided after retirement age, medication related facilitates, reimbursement on the
foundation of surplus working hours, job securities, and many more (Siedel and Haapio,
2010). Therefore, it can be said that this act is totally based on the offering additional
benefits to the staff members who are working at official stations in order to meet their
demands and needs.
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 Harassment : The primary objective of this norm is to protect workers from every kind
of fraudulent activities, discrimination, exploitation and misbehaviour happening at the
companies. Thus, as per this standard, governance and management of a firm is trying to
safeguard their personnels from any kind of harassment. In addition to this, this norm also
give safety specially to the female employees from all hassles by implementing protective
actions and schemes.
 Equal opportunities : According to this law, it is mandatory for the employers of
corporation for offering same chances to every sub - ordinates who are performing their
duties at work place. Additionally, this act is attempting to set up an atmosphere that
should eliminate all types of favouritism or discrimination that is done on the basis of
colour, sex, disability, religion and race. Thus, in turn give equivalent opportunities to
every one to improve and develop their career.
b). Significant contract and employment law impacting on business sceneries
As per the given case study, there is a girl having age of around 16 years is hired at a fast
food outlet. During performing her duty, she met an accident by slipping due to water leakage
from an ice making instrument. As a result, her right hand had gone into deep fryer containing
oil at a temperature of 360°F at the time of balancing and receives severe burn to her left hand
and forearm. At the same day, very few staffs were existed at the working station and supervisor
was busy on tills in – stead of focussing on the safety of employees and official sites. Therefore,
it can be said that overall incidences that occurred was illegal in the eyes of government as
numerous of flaws were done by the cited venture. Some of them are listed below :
 The first and foremost fault was that company is violating Child labour act as manager
has appointed a girl who is not adult and her age is only 16 years. But according to child
labour act, every worker who is going to be recruited in any firm must be equal to or
more than 18 years. At the same time, those breaks this legislation is considered as guilty
in – front of legal bodies.
 The second flaw is that there was absence of safety and security at the corporation – al
site and this was treated as main reason of the occurrence of sudden accident. Thus, it is
violating act of occupational health and safety. According to this norm, every venture is
liable to enforce safety and protective activities at working station so that assurance of
security to all staffs can be provided (Snyder and Deaux, 2012).
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 Thus, it can be said that if team leader had given concentration on the work of their
personnels then that injury would not happened. Even after occurrence of accident, he
was not giving any attention and neglecting that situation.
Hence, by evaluating this case, it can be suggested that all companies have to obey or
adopt norms like employment law and must have to recruit staffs who are more than 18 years
old. Apart from this, they are also liable to follow occupational health and safety act. Thus, in
turn organisation are responsible for improving the safety at work places so that safeguarding or
a protective covering can be provided to work forces in order to avoid risks of random accidents.
Therefore, girl who had met accident comprises of right to claim against its company and
demands for the compensation in behalf of tragedies or damages occurred to her.
SECTION 3
P 4. Effective judicious solutions for business problems
An organisation is consisting of large number of issues at the time of running their
business activities as they are having vast crowd of work – forces at its corporation – al sites.
Every people are having different ideas and thoughts regarding particular subjects. Hence, it is
primary duty of government to design some set of standards and policies that should be followed
by every body so that rates of conflicts and disputes can be reduced effectively. According to the
provided case study, there was a person named as Calvin, he was a designer and working at a
large fashion house. He had accomplished a time of around 4 years while working in the same.
One day, his employer arrived at working station and claimed him a thief on the basis of suspect
- ion only as she founded £100 missing from her petty cash box. Even after the presence of two
more employees at that time, she dismissed Calvin from his job without giving any reason and
notice. Thus, this immediate or instant dismissal without providing any notice is completely
considered as illegal in accordance to the Employment right act 1996 (Grundfest, 2010).
According to law, workers have power or right under s94 of the legislation to do not face
unfairly dismissal. This is considered as most significant right as it will normally be under an
action after firing that a former staff would complain that his fundamental right were breached.
First of all, it is unaccustomed for commencing legal proceeding against a manager while still
working for them. On the other side, secondly, some rights like right to give sensible notice
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