Business Law Report: Legal Solutions, Employer Obligations & Cases

This report delves into the intricacies of business law, encompassing the structure of the UK legal system, sources of law, and the role of government in law-making. It examines employer legal obligations related to occupational health and safety, worker compensation, harassment, and equal opportunities, while also analyzing the potential impact of employment and contract law on businesses. The report presents legal solutions for business problems, specifically addressing cases of unfair dismissal and workplace safety violations. It provides justifications for these solutions by referencing relevant statutes and explores the benefits of alternative dispute resolution processes. The report emphasizes the importance of legal compliance and offers insights into resolving business disputes effectively.

BUSINESS LAW

Table of Contents
INTRODUCTION...........................................................................................................................1
Section 1- Nature of legal system....................................................................................................1
P1 structure of the legal system and the different sources of laws that organisation must
comply with............................................................................................................................1
P2 Role of Government in law making and statutory and common law is applied in the justice
courts......................................................................................................................................4
Section 2- Impact of the law on business organisations..................................................................5
P3 Employer legal obligation and the relevant employment and contract law potential impact.
................................................................................................................................................5
Section 3- Legal solutions to business problems.............................................................................6
P4 Appropriate legal solutions from the case 1& 2................................................................6
P.5 Justifications for solutions................................................................................................7
Sections 4 – Recommending appropriate legal solutions based upon alternative legal advices.....8
P.6 Concept and benefits of using alternative disputes resolutions process..........................8
CONCLUSION................................................................................................................................8

INTRODUCTION
Business law plays an important role in organisation and it deals with the various issue
which will occurred with the interaction from stakeholders of firms. The report divided into the
four section and each of them have different element on business law. The legal system and
various source of laws that organisations must commonly with. Government role in making law
and statutory and common law potential impact. As the employer legal obligation in relation to
occupational health and safety, workers compensation, Harassment, Equal opportunities. The
appropriate legal solutions for each case discuss in the report about their business problems.
Justification for the appropriate solution by referring to a relevant statue. The concept and
benefits of using alternatives Disputes.
Section 1- Nature of legal system
P1 structure of the legal system and the different sources of laws that organisation must comply
with.
United kingdom have the different sources of law which makes the organisation more
effective. It will help in the critical situation arise in front the business. The smooth operation in
organisation can be conduct with the appropriate. The structure of the UK legal system divided
into four categorises (Allen and Kraakman, 2016). As the supreme court is the upper most court
of appeal in whole nation.
Senior court of the England and Wales: it is formed by the Act of Judicature as supreme
court administration of the justices. This can be such as Court of Appeal: it can be divided in to
two categories such as UK Civil court section which will monitored the issues from the high
court, nation court with other top judicature on the other hand criminal section only monitored
appeals from the crown court attendant to a endeavour which are most serious crime. High court:
The function of the high court will be based on the civil court beginning request and a civil and
criminal proceeding court for the matter from the top tribunal. Crown court: it will hear criminal
matters for the both the attendant and real legal power and decisions (Blanpain and Bisom-Rapp,
2014).Subordinates Courts: It is the another form of structure in UK legal system which consist a
such as follows such as Magistrate's court: In this court the matter are monitored carefully by
magistrate subgroups or regional judge posted in all the areas of local justice. Magistrate court
don't have any juries members. Family proceeding courts: This court will hears the household
legal proceeding which consider issues related with the care. They have power to give
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permission to the adopt. But it is not open for the common people (Buppert, 2017).Youth courts:
This court deals with the children of age between 10 to 17 years who had done any illegal
activity. As the youth court is monitored by the highly trained judge team members. Country
court: These are the regional level court which is presented in the 92 cities and administrative
district of the England and Wales. Special Court: There are the some other court consist in the
legal structure such as Corner court: These court handle the issuers related with death in dubious
conditions. Ecclesiastical court: It is also an special court which deals with issues of geographic
area of the church in England. Other Court: it can be consist such as Military courts: It is
monitored by the military members top deals with the issues of martial court. Election court: it
deal with the petition suites against the outcomes of polls. Patent country court: This will handle
issues related various rational geographical area.
The various sources of laws that business need to complied such as Legislation or
statutory law: It is the act of parliament which is also known as the primary legislation (Cavusgil
and et.al, 2014). This will be valid after the great discussion in the House of common and the
various exclusion which are in progress will be considered in the parliament Act 1911 to 1949.
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Illustration 1: United Kingdom Legal System Structure
Source: Hierarchy structure.com

at the end house of lord will give final decision after all the debate consist in the legislations.
Common law: In this legislation top proceeding and taken the decisions in terms of their
capability and knowledge. European union law: it can be suggest various law form for the
decision proceedings under the supervision of member states of European union and European
law has significant as considered for UK law. Convention on Human rights: These can be the
another source of laws that every organisation has to comply with. It is an internation bodies
which talk about the rights of the human and their freedom with fundamental rights.
P2 Role of Government in law making and statutory and common law is applied in the justice
courts.
For every nation government plays an important role in the law making for the peace in
the country. The process involved in making any law such as Bill: This can be the first step
where the government will draft a bill in the house of lords or house of commons (Crane and
Matten, 2016). The different stage draft of the bill will be consist. First reading: it is the first
stage were the drafts of bill be arrived for the reading in the house of common. Second reading
can be the most important debate will be made after the issues raised in the first reading. The
issues will be discuss only on the key areas in the house of common. Committee stage is the
critical stage where the each and every line in the bill will be observed carefully of the text with
the proposed changes to avoid any miscommunication. The polls will be takes place for the
consideration of changes made. Report stage text in the bill will be observed again. More
changes will be made after the debating and later polls will takes place to fix for the changes.
Third reading is the order up stage where the last chance for the making changes as per the polls
and both the houses will consist the other changes. Royal Assent when lords of house and House
of Common are agreed on the matter than the bill will be finalised by the Queen and it will be
Act of Parliament. As the government play an important role such as rising Bills, Highlighting
issues and make them as feasible (Dau-Schmidt, Finkin, and Covington, 2016).The common law
and statutory law applied in the justice court such as
Common law system is applied in the justice court in different stages of research and
investigation will be necessary to influence. First the facts will be ascertained after that issues
will be related with the cases. Also the solution the generalization, inference and argument by by
the different courts which has to considers significant to influence how the preceding court wil
be able to regulate on the information of the current legal proceeding. Further, decision willne of
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upper judiciary or legislature carried higher artefact than before legal proceeding by lower
courts. Finally, single person will incorporate each and every line figure out and reason will
given and find 'what the law is'. At the end law will be applied at the justice court.
Statutory law is applied at the justice court in the a process in which house of common
will be responsible for issued law (DINE, and Koutsias, 2014).
Section 2- Impact of the law on business organisations
P3 Employer legal obligation and the relevant employment and contract law potential impact.
Employer is responsible to maintain the healthy relation with the employees and it is the
duty to give various rights. As these rights are frame by the legal bodies and government.
Employer legal obligation in relation to following manner such as Occupational Health and
Safety: This can be the main legal obligation for the employer. Under the safety, Health and
Welfare at work Act 2005 employer is responsible to guarantee for employees safety, health at
work place. To keep safe employees in the organisation to avoid injuries and ill welfare various
things have to provide such as:All the equipment and machinery should be maintain properly
and provide the safe working environment for workers. It is important to give training for using
any chemical or substance which can cause the health and safety of the employees (Gerven and
Berlingin, 2015).Provide employee a special clothes and equipments without taking any extra
cost. It is the responsibility of the employer to appoint any supervisor who can monitored the
safety related issues in the organisations. Worker Compensations: it is the another for of legal
obligation form where the employer can maintain the relation with the employees in terms if
compensation provided them with the all the extra benefits at the work place. It is the
responsibility of the employees to give the effective insurance and other compensation benefits.
Harassment: it is the serious cause if any employee is facing at the workplace. Employer is
responsible for taking action against such issues in the organisations. To avoids such instance
employer need to from the polices which can stop harassment. The communication gap need to
avoid in the organisation so that employees can speak directly to the top management (Hannigan,
2015). Equal opportunities The legal obligation for the better relation with the employees an
employer have to give each and every worker equal opportunities in the organisations. The
equality act 2010 and 2011 is responsible for the recruitment and promotion of the employees.
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The relevant Employment and contract law potential impact as per the case on the
business will be more directly on the team leader and top authority. As the employment law has
been broken in the organisations that they had recruited the 16 year old girls at such place where
supervisor and adult will be employed in such positions. Another issues is the is no any safety
equipment to reduce the wound due to 360*F temperature girls burns. The team leader is also
liable due to break of employment law. So the the impact of the employment and contract law
will be s on the team leader that he is not performing his duty(Koutsias, 2016).The legally
binding law result there are additional securities which a formed contract can give which are to
an awesome degree beneficial to a business, for instance, the ability to put a pulling back
specialist on plant leave in the midst of the notice time period, the ability to impact a portion in
lieu of notice rather than to require the individual to work out their notice which is imperative on
account of girl.
Section 3- Legal solutions to business problems
P4 Appropriate legal solutions from the case 1& 2
Case 1: it is the case for the unfair dismissal from the organisation as the termination can be don
in case will be based on the proper investigation or giving any notice. At these situation Calvin
have right to ask all the details under the Employment Right Act 1996. it is important for the
Donna to take action after investigating all the facts with the considerations of other four
employees are working in the organisation which are victim of that incident but whole blame on
the oner person that is Calvin. The different rights of the Calvin to get the justice he can take
action against the organisation with these act (Lareau and et.al, 2016). First Calvin is liable to
take the salary from the organisation if the employer has terminated without giving his salary.
Than the he can give some clarification for the various issues has been done with the him are not
correct and he is not the victim. The organization has to give all the answers of Calvin under the
employment right act. The unfair dismissible is not the proper action in this case. But is it
important to that Calvin can take action before the 90 days completion of the termination.
Case 2: In this business scenario dens have the certain legal potion that he can take action against
the insurance company for the claims. It is important for the dan to first he need to see the policy
of the insurance company which is important to look out. The proposal which he had filled need
to fill again after investigating and advices from the insurance agent where he can understand the
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proper solution for these mistaken done by him. Later he need to talk with the executive of the
organisation for such mistakes. If the insurance company is not taking any action than he take
the legal actin against the insurance company in lower court (Posner, 2014).
P.5 Justifications for solutions.
From the solution of both the case it can be easily justified that in the case 1 of the girl
and team leader. The breech of employment and contract law is serious cause for the
organisation. As the organisation is has not considered the various law before recruitment and
giving responsibility to prevent at the hazardous place. The work place safety law has been
broken. Their is no safety equipment is provided to the girl to prevent from the fire at the
workplace. Why they had allowed her to entered into high temperature and without any
suggestion given to her (Rose, 2016). It is also justified that team leader is liable for this incident
that he is not performing his duties in better manner. If the out was short staff than why top
management is not taking any action against on such employees who are not presented on then
day of fire. After this incident organisation need to arrange some safety related equipment article
have to arrange at the work place to bring the safety working environment. The employment
right act in the case of Calvin can be justified the situation that every employee have right to
take action against on the employer.
On the other hand the second case of Dan solution can be justified the legal action has been
taken in the consideration for the insurance claim which is important for next issues happen with
anyone. The documentation has to be properly fill for such issues where each and every word is
meaning and hindrance in the case for taking any action against on the concern person. If the
insurance company is not able to give compensation because of the small mistake than he is
liable to take action in the upper court where all the hearing will be done on the basis of
information and case analysis from the beginning (Stout and et.al, 2016).
The two methods can be analysis for the justification such as inductive and Deductive. In the
inductive methodic the huge reliance is placed upon the judgement of the judge.
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Sections 4 – Recommending appropriate legal solutions based upon
alternative legal advices.
P.6 Concept and benefits of using alternative disputes resolutions process.
A. In business law is to be focus on is to procedure for settling disputes without
litigation, such as arbitration, mediation, or negotiation. ADR procedures are usually less costly
and more expeditious. This include the processes like mediation, arbitration, neutral evaluation
and collaborative law. Usually this processes are confidential, less formal, economic and less
time consuming as compared to the traditional legal trials (Trevino and Nelson, 2016). It not
only give the suitable outcome of the issue but is also used to get more creative, flexible in
business problems. It this way, it is used ADR process are as follows :-
 Arbitration: This process involves a person who is known as 'arbitrator', who hears the
arguments from the concerning parties and based on the analysis to the situation and
conditions presented, suggests the suitable outcome for the problems. It is less formal
than the legal trial and the evidences are more flexible to present. It is help to descion
outcome and help to solve any problem.
 Mediation: It includes a person known as 'mediator' which act as a channel between the
parties for the communication process. He will not participate in the decision making but
will help the parties to communicate on a common platform in order to resolve their
disputes in working condition. It is help to increase the level of performance and
maintained the work in business law.
 Neutral Evaluation: in this process, an expert is been taken into help to hear and
evaluate the argument. The person will review the strength and weaknesses of each party
and perform an evaluation of them similarly to the legal courts. In this context, he will be
suggest both the parties at the time of work (Vagts and et.al, 2015).
There are all about the process of ADR and help to solve business problems.
B. Alternative legal solution
In this context it is to be focus on alternative solution is Antwon is a large investment
firm and which is having a dispute with Tyrell, a software company. The employees of Antwon
used to make the market predictions (Gerven and Berlingin, 2015). As the disputer got long for
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many weeks, both the companies were unable to come up with the satisfactory solution to the
problems they are facing. As both the parties is want to keep the suitable business relation with
each other(Hannigan, 2015). In this case As both the parties want to keep the suitable business
relation with each other, which is more beneficial for both the companies. In this case, they want
to resolve the conflict for the betterment of the business. So to resolve their conflict, they can opt
for the process of ADR. With the help of ADR process all the problem is to be solve and
maintained the working environment. It is help to better plan down and resolve the conflict in a
most effective way. ADR is to be help to increase the level of performance and solve any kind of
problems. Both the organisation are unable to find any solution. With the help to ADR is find a
proper solution for all the problems(Allen and Kraakman, 2016).
CONCLUSION
From the report business law it can easily concluded that United kingdom legal system is
more systematic and each and every court have its on importance. As the employer is
responsible for consideration of all the legal obligation related with the employee safety and
equal opportunity act for the better working environment of the organisations.
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REFERENCES
Books and Journals
Allen, W. T. and Kraakman, R., 2016. Commentaries and cases on the law of business
organization. Wolters Kluwer law & business.
Blanpain, R. and Bisom-Rapp, S., 2014. Global Workplace: International and
Comparative Employment Law Cases and Materials. Wolters Kluwer Law & Business.
Buppert, C., 2017. Nurse practitioner's business practice and legal guide. Jones & Bartlett
Learning.
Cavusgil, S. T., et.al, 2014. International business. Pearson Australia.
Crane, A. and Matten, D., 2016. Business ethics: Managing corporate citizenship and
sustainability in the age of globalization. Oxford University Press.
Dau-Schmidt, K. G., Finkin, M. and Covington, R., 2016. Legal protection for the
individual employee. West Academic.
DINE, J. and Koutsias, M., 2014. Company Law 8e.
Gerven, D. V. and Berlingin, M., 2015. Arbitration and Company Law in
Belgium. European Company Law. 12(3). pp.132-137.
Hannigan, B., 2015. Company law. Oxford University Press, USA.
Koutsias, M., 2016. Economic Actors and Legal Certainty. Comparing Company Law.
Lareau, N.P., et.al, 2016. Attorney's Fees and Costs (Vol. 4). Labor and Employment Law.
Posner, R. A., 2014. Economic analysis of law. Wolters Kluwer Law & Business.
Rose, E., 2016. David Cabrelli, Employment Law in Context.
Stout, L.A., et.al, 2016. The Modern Corporation Statement on Company Law.
Trevino, L. K. and Nelson, K. A., 2016. Managing business ethics: Straight talk about
how to do it right. John Wiley & Sons.
Vagts, D. F., et.al, 2015. Transnational business problems. West Academic.
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online
United Kingdom Legal System Structure [2018] Access through
<https://www.hierarchystructure.com/united-kingdom-legal-system-hierarchy/>
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