Business Law Report: Legal System, Employer Obligations, ADR

This report provides a comprehensive overview of business law, beginning with an examination of the structure of the English legal system and its various sources of law, including statutory and common law. It then delves into the role of the government in law-making and the application of legal principles in court. The report further analyzes employer legal obligations, such as occupational health and safety, workers' compensation, and equal opportunities, using a case study of a fast-food restaurant to illustrate employment and contract law. It identifies legal solutions for business problems and justifies the chosen solutions. Finally, the report explores the concept and benefits of alternative dispute resolution (ADR) processes and recommends appropriate ADR methods to resolve business problems, concluding with an evaluation of the English legal system's effectiveness.

BUSINESS LAW

Table of Contents
INTRODUCTION...........................................................................................................................1
SECTION 1......................................................................................................................................1
P1 Structure of English legal system and different sources of law.............................................1
P2 Role of government in law making and application of common and statutory law in Justice
of court........................................................................................................................................1
SECTION 2......................................................................................................................................1
P3 a) Employer legal obligation..................................................................................................1
b) Employment and contract law in accordance to business scenario........................................2
SECTION 3......................................................................................................................................3
P4 Legal solutions for each business problems...........................................................................3
P5 Justification for chosen solution............................................................................................4
SECTION 4 .....................................................................................................................................4
a) Concept and benefit of Alternate dispute resolution process..................................................4
b) Recommendation of appropriate ADR method to resolve business problems.......................5
CONCLUSION................................................................................................................................6

INTRODUCTION
Business law plays crucial role in managing employees function, practices and policies in
an organisation. It assists the enterprise in establishing positive and effective work environment
keeping mind importance of equal opportunities, employment rights, employment protection act
and health and safety measures. Further, the report will evaluate the structure of English legal
system and sources involved in it. Apart from this it will evaluate the role government in law
making process and different case scenarios and supporting legislations. Thus, report will outline
the process of Alternative dispute resolution and the implication of its methods in different
business scenarios.
SECTION 1
P1 Structure of English legal system and different sources of law.
English legal system plays very crucial role within the country through which country's
citizen can carry out their activities in secure manner. It is a common law of England and Wales
comprising mainly criminal law and civil law. In the structure of the English legal system
includes Wales and England and it has hierarchical structure. In this hierarchy supreme court
have position on the top level and all decision takes by this court (Beatty, Samuelson and Abril,
2018). The decision which takes by the supreme court have to be followed by other court in the
country. House of the Lord is another name of supreme court and it is bound only from its
previous decisions. After the supreme court, appeal court positioned in the hierarchical structure
of English legal system. Both courts decision are to be followed by the lower courts. If supreme
court decision is overruled then it is required to the appeal court to comply with the conclusion
made by the superior court (Vanhala, 2018). The criminal and civil court are two major part in
the structure of English legal system. High court have major three divisional court and all rules,
legislation , principles are to be followed by divisional court which have followed by the high
court. After the high court, crown court is positioned in the hierarchical structure. In the lower
level of the English legal system several lower level court are consisted.
As discussed there is a systematic structure of the English legal system through which
various courts are established for taking fair decision. There are several sources of some
legislation in the English legal system-
I) Statutory legislation- The act of parliament developed the Statutory law and members of
the parliament have right to make modification and changes in the regulation. Several
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activities of the people and business operation are considered in the legislation includes
several articles and section (Christensen, Onul and Singh, 2018) With assistance of this
legislation and regulation, corporation can easily carry out their business activities and
operation in more secure and safe manner.
II) Common law- The seniors appellate have authority and power to take decision of the
parties who involves in the conflicts (Scott, 2018). It is major source of the English legal
system under which legislation can develop on the basis of the previous decisions. All
lower level court have to be followed the decision which made by appellate authority.
III) European convention of human rights- The major objective of this legislation is to
protect the human rights in the organisation. It is the major legislation which is
influenced by the legislative system in the European union. With help of this law, citizen
as well as employees can protect themselves from the illegal and unethical activities
(Neubauer and Fradella, 2018).
P2 Role of government in law making and application of common and statutory law in Justice of
court.
The major aim of the law making procedure is to protect the country's citizens and
employees within the organisation who have faced the conflict situation. In order to protect
individual and protect them by their right, law making procedure can conduct by the legal
authority. This procedure starts according to the issues and problem faced by the citizen and
corporations in the country (Guerrina and Masselot, 2018). Legal authority identifies the problem
in the first stage. Once the problem has been identified legal authority analyse the appropriate
solution for the same matter. Legal authority creates the proposal which consisted with problems
and issues. In the third stage, legal authority prepared the proposal and presented to the lower
courts in the states. While at the lower level, offers approved by the authorities then this proposal
will automatically convert into the bill. This bill will present in the upper level authorities such
as high and appellate courts by the government. While the bill gets approved by the high and
appellate court then it should be forward for first reading in the parliament or house of common.
First reading- Once the first reading accomplish then modification done according to the
feedback and suggestion that is given by the member in the house of common (Trad and Kalpić,
2018).
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Second reading- While bill forward in the second reading then short debate occurs in the house
of common. Once the debate has finished that bill should be forwarded to the special committee.
In this stage, bill can evaluate according to its benefit, feasibility, flexibility etc.
Third stage- In the third reading stage, voting procedure can start and final decision can
take according to the voting (Kolasa, 2018).All member are involved in the voting through which
final decision can occur regarding the law.
Final stage- In the last and final stage, government implement the law in the country and
announce the information about the law to the people in the country. In order to implement the
bill government have major role (Guerrina and Masselot, 2018).
M1 Evaluation of the effectiveness of the English legal system
English legal system is one of the major body in the country through which several courts
are established for taking fair decision. With assistance of this English legal system, country's
citizen and organisation can protect themselves. This English legal system have been formed and
developed in order to fulfil the basis needs and requirement of individual. By this law, country's
citizen and employees can fight for their rights ans protect themselves. However, over the few
years there has been drastic changes occurred in the English legal system. A well functioning and
systematic justic system can protect the rights of all citizens in the country. By all legislation
and rules country's citizen can freely conduct their activities.
SECTION 2
P3 a) Employer legal obligation
IV)Occupational health and safety: Management and measurement of health and safety at
work place plays a vital role in establishing effective business operations. It is important
for the organisation to ensure that the work environment for employee is safe and
employees are working in health conditions. It is the factor which assist the workers in
developing positive working spirit for firm (Groeneveld and Van de Walle, 2010).
Establishment of heath and safe work environment assist the enterprise in serve employee
satisfaction which helps in boosting business and workers performance. Therefore, to
support this health and safety Act 1974, is the legal obligation enforced to UK
government to prevent hazardous incidents at workplace. Thus, the guidelines of this act
assist the organisation in managing smooth and systematic work flow environment
keeping mind employer safety.
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V) Workers Compensation: Compensation to worker is the key driver of effective
functioning of employees. Workers compensation is the criteria in which the firm is liable
to pay for the accidents an injury of workers which occur at work place (Stemler, 2013).
Therefore, in order to protect employee right the government of UK has enforced Worker
Compensation Rights and Employers Liability Act 1969 which provides guidelines to
firm which aims at protecting interest of employees. This act are regulated work
government to protect the interest of employee working under hazardous situations.
VI) Harassment: Harassment is termed as exploitation of human rights, it is an unethical
practice which is conducted without the will of the person. Harassment can be physical
and emotional. In this either the employees are forced to work with organisation or the
person is forced to involve in some unethical situation. Generally it is conducted due to
discrimination factor at work place which arise with different in caste, colour, creed, sex,
religion etc. Thus, to protect the interest of employees the UK government has enforced
the regulation like Equal Opportunity Act 2010 and Protection from Harassment Act
1997 which provides strict framework to enterprises to managing the interest of
employees (Equal Opportunities, 2013). Thus, these regulation assist the company in
managing ethical lawful practices in an enterprise.
VII) Equal Opportunities: Providing equal opportunities to workers is the most
effective practice which helps the firm in managing successful business operations. The
framework of this practice assist the management in boosting morale of employee and
analysing performance and working efficiency of each employee. Further, Equal
Opportunity Act 2010 by UK government is enforced to provide equal opportunities to
workers in organisation according to their skills and abilities (Equal Opportunities,
2013). The guidelines of this act assist the management in reducing the chance of
favouritism and biasses. Moreover, it is the best practice which aid in boosting workers
morale of working with and organisation (Harbo, 2010). Hence, non compliance with
Equal opportunity Act is punishable offence in legal system of country.
b) Employment and contract law in accordance to business scenario
As per the case scenario, it has been demonstrated there was 16 year old girl who was
working with small fast food restaurant. The girl was working near the gas where oil was heating
at 360 degree temperature in pan. Near that area the floor was wet because of the leaking water
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form ice making machine. The responsible person Team leader was working with Tills instead of
monitoring work place safety. Further, from the case it has been analysed that the girl slipped on
the wet floor and her hand got in touch with the hot oil and she got majorly injured. Thus, in
accordance to this scenario it has been clearly denoted that fast food organisation is responsible
for not practices the guidelines of heath and safety Act and team leader is liable for not
monitoring the safety of employees and workplace. In this the company is liable to compensate
for the injury to girl and her family as per following offense:
Health and safety Act 1996: The guidelines of this act assist the organisation in
establishing effective healthy and safe working conditions at workplace. In accordance to this cat
fast food restaurant is responsible for not maintaining safety at work place due to which the girl
got injured. Under this act the firm is responsible for compensating to girl and her family in
terms of money and job.
Duty of care: In accordance to TORT law of UK, the organisation is responsible for
monitoring and reviewing safety of workers and work environment (Harner and et. al. 2014). As
per the business scenario team leaders as the responsible person who is liable for neglecting his
duty for maintaining healthy and safe work environment.
Breach of Contract: In accordance to this the fast food restaurant is responsible for
voiding the guidelines of Heath and safety Act which are enforced by UK government to protect
the employees working in hazardous conditions (Lieberman and et.al). Further, under this
government has full authority to suspend or cancel the licensing of fast food resturant.
M2 Differentiate and potential impact of standard, legislation and regulation as per the business
scenario
 This government regulations assist in maintaining safety and conditions at work place.
 Implementing the guidelines of duty of care, TORT law and Health and safety act assist
the firm serving employee job satisfaction and security.
 If in case the firm do not comply with regulation than it is punishable offense under
justice system.
SECTION 3
P4 Legal solutions for each business problems
In accordance to business scenario, it has been determined that caving is a employee in
large fashion house where he is been working from four years as designer. One day his boss
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Donna entered the room where employee were working and suddenly she checked her petty cash
box where she found that 100 pounds are missing. Despite of the fact that there were 5
employees in the room she just fired Calving for stealing without any evidence. Hence, as per
this business scenario Calvin has legal rights to sue her boss under the act Unfair dismissal and
Employment rights Act 1996. As per the situation Donna is completely wrong and therefore has
no right to fight against as she fired Calving without any explanation and evidence whereas she
did not even bother interrogating the situation and checking all details of petty cash box.
In this business scenario Kelving is the owner of Small convenience store and he is father
of Dan. The convenience store of Kelvin got destroyed with fire therefore he applied for new
store for which she applied for fire insurance. In this proposal of insurance company it was
clearly asked ‘Have you made any claims on an insurance policy in the last two years?’ for
which Dan answered No as according to him, last fire claim was before 2 years ago. The new
store also caught fire and got destroyed and when Kelvin claimed insurance the firm refuse.
Further, it was analysed that the insurance turned null and void as Dan filled wrong details that
last fire claim was 23 months ago due to which the family suffered the loss. In this situation no
party can claim each other because this the case of negligence due to which kelvin is liable to
bear loss.
P5 Justification for chosen solution
In accordance to Donna and Calving case Unfair dismissal and Employment right are the
regulations which can assist Caving in standing for his rights because stealing is the offense
which can destroy his career therefore it is important for Calving to sue her boss which will
assist him in attaining worker compensation.
In Kelvin and fire insurance claim both the parties are equally responsible therefore the
papers and the conditions got null and void. As per the situation both the parties are not liable to
sue each other as it is the case of complete negligence.
M3 Positive and negative impact of legal solutions.
 Unfair dismissal is legal solution which is formulated by UK government to protect the
interest of workers.
 Employment rights is the act which assist in providing employee a security of working
with organisation (Loafman and Altman, 2014).
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SECTION 4
a) Concept and benefit of Alternate dispute resolution process
Alternative dispute resolution process is the method of resolving personal and
professional conflicts without getting involved in legal proceeding and legal obligation
(Feliciano, 2017). This process of resolving dispute is the by the individuals to save time and
mange conflicts with spoiling reputation. In accordance, it has been analysed that there are a
million of cases which are pending in supreme court therefore this is process of resolving dispute
outside of the court and on time (Loafman and Altman, 2014). This process is beneficial because
it aims at providing solution of common interest to conflicting parties. There are various methods
of Alternative dispute resolution which assist the individuals in resolving issues according to
their own conflict which are as follows:
Arbitration: This dispute resolution method assist the conflicting parties in resolving
issues according to will like this method offers two type of processing of resolving conflicts that
is private and judicial arbitration. In private dispute resolving process the conflicting parties do
not get involved in legal proceeding for sorting problems whereas in Judicial process the parties
gets involved under legal obligation which assist in deriving effective results. Both the
arbitration methods assist the parties in resolving dispute on one common interest with the help
of third party.
Mediation: This ADR method assist the parties in resolving conflict with mutual
understanding. In this decision of third party is based on the common interest of both clients
(Ridley‐Duff and Bennett, 2011). This assist in resolving issue on time and helps in developing
more strong bong. In this it is responsibility of third party to ensure that the last decision is not at
all biased and is in favour of both the conflicting parties.
Negotiation: In this the conflicting parties choose third person as judge to resolve their
dispute. In this the third person is responsible for making conflicting parties agree on one
common interests (Reuben, 2014). In this dispute resolution process the last decision aims at
giving win win results and the judge ensures that both the parties are agreed on the decision and
the solution is beneficial for both clients.
Conciliation: This dispute resolution process is used when the conflicting parties do not
want to ruin their personal and professional relationship (Fisher, 2017). In this the third party
formulates decision of common interest which is reliable. Further, in this the final result provides
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win lose situation but the formulation of decision is done keeping in mind interest of both the
clients. This process assist in providing reliable and effective results to conflicting parties.
b) Recommendation of appropriate ADR method to resolve business problems.
In accordance to business scenario, it has been determined that Antwon is the owner of
large investment firm whereas Tyrell is the owner of computer software company. Both the
individuals are partners and making profits from long back. Further, it has been demonstrated
that employee of investment firm makes prediction about market fluctuation due to which both
the partners faced loss. This issue turned into conflict where no parties is ready to spoil their
business relation. Thus, as per the business case scenario it has been demonstrated that this
dispute can be resolved by implementing the use of ADR methods.
Hence, as per the situation, the best method which can be recommended is Conciliation
as in this the conflicting parties resolve issue without harming their relationship. In this the third
party who act as judge provided win lose decision but keeping in mind the interest and
relationship of conflicting parties which are Tyrell and Antwon.
M4 Differentiation between two different method of ADR process
The two most effective method of ADR process are Conciliation and negotiation. Both
the method are completely different from each other. The negotiation methods of resolving
dispute provides win win situation to conflicting parties whereas the conciliation method
provides win lose decision but in order to secure future relationship of conflicting parties. Apart
from this the negotiation process the third party aims at providing decision keeping in mind the
interest of clients wile in conciliation dispute resolution the judge aims at making effective and
reliable results keeping in mind future partnership of conflicting clients (Ridley‐Duff and
Bennett, 2011).
CONCLUSION
The report summarized with the importance of business law and its implication in
organisational functioning. It evaluated various legal obligation which provides effective and
efficient functioning of business operations that is worker compensation, harassment, equal
opportunities and health and safety measures. It analysed the structure of English legal system
which is hierarchical and comprise civil and criminal law. Moreover, it evaluated business case
scenarios and legal solution to them like. Employment rights act, unfair dismissal etc. Thus,
report concluded by analysing the process Alternative dispute resolution and different method
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which aims at resolving issue of conflicting party with the involvement in legal proceedings.
Hence, it concluded by making recommendation conciliation method in which the conflicting
parties are able to resolve conflict without harming their future partnership or relationship.
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