Business Law Report: Legal System, Employer Obligations, Solutions

This report provides a comprehensive overview of business law, focusing on the structure of the English legal system, sources of law, and the role of government in law-making. It delves into employer obligations under various acts, including occupational health and safety, workers' compensation, harassment protection, and equal opportunities, supported by a case scenario. The report also explores legal solutions for business problems, statutory and common law applications within justice courts, and recommends alternative legal systems. It covers the structure of the English legal system, sources of law, the role of government, employer obligations, and potential legal solutions for business problems, including a case study on workplace injury.

BUSINESS LAW

Table of Contents
INTRODUCTION...........................................................................................................................1
TASK 1............................................................................................................................................1
P1 Structure of English legal system and sources of law that organisation must comply.....1
P2 Role of government in making law and application of statutory and common law in justice
court........................................................................................................................................3
TASK 2............................................................................................................................................5
P3 Employer's legal obligation...............................................................................................5
TASK 3............................................................................................................................................7
P4 Legal solutions for business problems..............................................................................7
P5 Justification of solution.....................................................................................................8
TASK4.............................................................................................................................................9
P6 Recommendation for alternative legal system..................................................................9
CONCLUSION..............................................................................................................................10
REFERENCES..............................................................................................................................11

INTRODUCTION
Business law consists of all the laws that provide a clear criteria about the way to
incorporate and run business. This includes law that provides idea regarding how to start a
business, buy and manage as well as close or sell business. It states the rules and regulation that
are required to be followed by all organisations to operate effectively in market. There are many
laws that are imposed upon company and it is the liability of organisation to comply with such
norms. In the present report, there is an explanation regarding Structure of English legal system,
role of government in relation to law making as well as business problem along with its solution.
Furthermore, the liability of employer under various situations are also considered in it (Bagley,
2010).
TASK 1
P1 Structure of English legal system and sources of law that organisation must comply
English law is a well-defined system that is made to resolve issues and problems that are
faced by the citizens in country. It states clear rights and obligations that people have. It is
required for every individual to follow such rules and regulations that are being made by the
governing authority. In hierarchical structure, decision of higher authority is being on other body
that is governing under it. Supreme Court is at the top of hierarchy; formally it is House of
Lords. All the decisions of this court bind on all courts. It is the highest English court. All the
decisions in European Court of justice bind all UK courts by the virtue of European
Communities Act 1972.
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Illustration 1: English legal system
(Source:English legal system, 2017)
Decision of European court of human right does not bind on UK domestic court.
Decision of judicial committee of Privy Council is highly compelling; not binding on English
court. The court of appeal is under Supreme Court in this structure. It is divided into two parts as
Civil and Criminal. There are some situation where there is conflict between two decision then
court has power to decide which decision is to follow and which one is to overrule. When any
decision is overruled by House of Lords then it is required for court of appeal to follow the same
(Bishara, 2011).
Sources of law
There are different sources of law that formulate law as-
Constitution
It is the source that is abjuratory for nation. It is a fundamental document that provides
clear right and duties of citizens and governing body. This is important for everyone to comply
with such norms and regulations. It is an extremely structured rule that consists of law which is
fundamental to provide direction to nation.
Common law
It is a framework that is made by court, judges and tribunals. It provides conditions where
social occasion of contract differs. Here, court takes reference from previously passed decisions
in synchronization with the principles of case that is considered in past time.
Equality law
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It is related to formulation and propel an incentive in the premises of affiliation. This is
one of the important parts of common law. It has main focus on making and formulating worth in
each and every part of nation.
Legislation
This is the basic framework which is build up by regulation body. When it was not
formed as proper law, till that time, it was considered as a Bill. The important inspiration that
drive authorization is simple to control, provide authorization and to restrict something. It can be
seen that overseeing body is projected by individual from the committee.
European Law
It is a law that states different guidelines required to be followed by all the states of
European Union. This has the main goal to bring peace. It is helpful to provide benefit and
justice to people and society.
Complying of laws in an organization:
 It is important for the foundation to adjust different laws that are for utilizing so that
privilege of business and its representative can be secured. There are many laws that are
required to be complied by the organisation in their operations. Such law states clear
functions and rights of employer and employee. Equality Act 2010 and Data Protection
Act 1998 are the principles and standards that must be followed by business at the time of
employee's selection and enlistment.
 Rules and regulations of employment are required to be followed and it clearly states the
right that is available to employees and employers. In this regard, employment and
Minimum wages act are required to be complied with.
P2 Role of government in making law and application of statutory and common law in justice
court
Government provides assistance in formulation of law and regulations. It states criteria
regarding implementation of law. It is important for the business to implement essential law so
that proper justice can be provided to people.
Following are the key stages in formulation of law-
1) Government agenda
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It is made with the help of general election. It is the liability of parliament of nation to
formulate and implement new rules and policies that are implemented for protecting the people
from issues that are being faced by them (Crane and Matten, 2016).
2) Ideas of issue addressing
It is the stage where remedies and solutions are planned for the problem that is being
faced by people. This is the main duty of Member of Parliament to consider such and provide
appropriate solution.
3) Consultation
There are many people to whom it is required to discuss the issue so that they can provide
their expert opinion in this regard. They provide solution in different cases.
4) Cabinet Minister's acceptance
The main problem is presented in front of cabinet minister and they issue their acceptance
in this regard. It is essential to get their approval for further process. Their acceptance will lead
to make a new law.
5) Preparing Bill
When cabinet minister provides their consent then it gets transformed as a Bill. It consists
of many legal remedies that are availed to specific problem and to the issue that arise in the
nation (Chemerinsky, 2016).
6) Bill Scrutiny
It is the next step where bill is availed to the parties of both the house. Draft is shared
with them so that they can go through the proposal and provide their consent in this regard.
When it is accepted by them, then it is proposed as a Bill.7) Steps of parliament First Reading- It is the step where subjective aspect of bill is availed to everyone. Second reading- Discussion that is made in relation to bill is passed to MPs and then they
vote in this regard. Committee stages- Here, committee people are responsible to provide their views for
specific situation for which the proposal is being drawn. Views can be in favour or in
against. Approval of Bill- At this stage, people of parliament will acknowledge the last call where
charge is recognized or can be rejected (Heath, 2011).
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 Monarch's assent- With everyone's support, bill is passed as law and it is executed in
country's regulatory structure. It provides assistance in relation to issue and course of
action to the people who are persisting such circumstances.
Implementation of statutory and common law in justice courts Statutory interpretation- It is the method that is considered by the court to understand and
have capacity to execute laws for specific circumstances. Help used by judges- It is important for judges to consider principles and standards that
are related to specific case or situation. This provides assistance to take correct decision.
In this way, they can consider some things like Oxford dictionary and others. Interpretation of rules- There are some rules that are interpreted by company for some
cases like- Golden rules- It is used by the judge in English court. This does not consider importance
of statute but it considers those angles that do not provide wrong significance.
 Literal rules- It is the viewpoint that is important in connecting and interfacing the
general implication of statute.
TASK 2
P3 Employer's legal obligation
a) Legal Obligation of employer under various act
i. Occupational Health and Safety
Occupational Health and Safety Act 1996 (OHSA) creates liability of employer, constructor,
supervisor, owner and worker at workplace. It is related to all the aspects of health and safety.
OHSA has main focus to prevent hazards (Hayden and Bodie, 2012).
Responsibility of employer under this act as:
1. To have the best practices so that they can consider health, safety and welfare of their
employees at job place.
2. To fulfil all the legal guidelines that are imposed on organisation.
3. To provide personal protective equipments to their worker while handling dangerous
things.
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4. To consider proper training seminar, session and programmes so that they can
communicate their employees regarding safety measures. It aids them to protect from
hazardous act (Kinicki and Kreitner, 2012).
5. Employer is responsible to provide health and safe environment to their employees.
ii. Workers compensation
Workmen's Compensation Act 1897 furnishes proper protection to worker at job place and also
considers compensation for personal injury. This act is the replacement of Employer's Liability
Act 1880.
Following are the responsibility of employer:-
1. Liability of employers arise when any physical harm is caused to employees at work
place.
2. To provide adequate treatment to its employees if any injury is caused to them.
3. To communicate proper report of injury to nearest worker's compensation board office
and to mail it to employer's insurance company (Law, Qi and Buhalis, 2010).
4. To consider insurance policy of their worker.
iii. Harassment
Protection from Harassment Act 1997 provides assistance in relation to Harassment. It is the
behaviours that creates informal and displeased feeling to someone. This covers malevolent
rumours, unfair behaviour, undermining employees etc.
Responsibility under this act:-
1. To provide adequate protection to employees while someone coming to contact.
2. To formulate Anti-bulling and harassment policies.
3. To arrange awareness programmes so that they can spread awareness among workers
with the provision of Act.
Case Law-
In February 2013, a trainee 'Maryam Mashayekhi' put an allegation on salon manager
'Christopher Story'. She stated that manager has offered £10,000 to sleep with him. She claimed
that due to this she faced racial and sexual harassment at workplace. Mr. Story completely
denied all the allegation (Pohl and Tolhurst, 2010).
Decision-
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It is found by Employer tribunal that such manager was in inappropriate conduct related to Mrs.
Maryam. She got £20,500 as compensation from the salon owner in this regard.
iv. Equal opportunities
Equal Opportunity Act 2010, it provides that it is the duty of employer to provide equal
opportunity to all its employees. This act completely restricts discrimination that is made on the
basis of some characteristics like age, disability, gender reassignment, religious, sex.
Responsibility of employer under this act:-
1. To take effective measures to get rid of Discrimination, sexual harassment, Bulling,
Victimisation.
2. To furnish equal chance to all the employees at workplace.
3. To provide healthy environment to employees that is free from any of the discrimination
so that they can work more effectively (Reed and et. al, 2013).
b) Case Scenario
In the present case, girl of 16 year was working in fast food outlet where she was working
to cook fries. One day water was leaking from ice cream machine and due to this she fall down
and her left hand is drown into hot oil and she gets burn. On that day, number of employees were
very less.
Health and safety act, 1974 is the effective that provides assistance to worker at work
place. It is demonstration which is effective in providing quicker solution to the problem that is
faced by employees of the organisation.
Following are the portion that provide advantage to worker-
 To provide well beings and avail proper security to labour at job.
 To offer adequate protection to worker from others.
 To make effective control over emission of risky and unsafe things.
As per this provision, it provides specific attention to the lady and it is the responsibility
of the origination to provide assistance to pay for misfortune and issue that got confronted by
her. She is liable to take benefits of Health and security Act, 1974. Recklessness of firm's
management, this huge catastrophe occurred so as per the law, the cited company can be sued
and any legal punishments and actions can be taken because no security measures are available
at workplace (Suthers and et. al, 2013).
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TASK 3
P4 Legal solutions for business problems
Case 1
As per the current scenario, Calvin is working in a firm for 4 years. One day, employer
Donna came to the visit and founded that £100 is missing from petty cash box. Employer put
allegation on Calvin without any prior investigation. This was not correct way to eliminate such
person because employer did not research in this regard and fired him from the organisation
without any prior notice.
Suggestion for Calvin
 Calvin can communicate to employment tribunal because they are responsible to
entertain such cases. They have full power to make the settlement of such cases. Tribunal
entertain cases like out of line decision, deduction and discrimination.
 Calvin can consult to grievance body that is operating in organisation. In this department,
they can make settlement of their cases. If Calvin is having place with trade union then Calvin can consult to them to manage
their worry of unmerited ejection as he was not given prior notice of dismissal by the firm
(Bagley, 2010).
Case 2
In the present case, situation is presented about Dan. He opened a store and it got fired
and this time, its store was not insured. After sometime, he opened new store and get it insured.
At the time of insurance, there was one question that was asked i.e. have you made any insurance
policy before 2 years. Dan was not aware with exact time and he marked it as NO.
After some time, new store got fired and he applied for claim. Insurance company refused to
entertain such case because the information is wrongly provided.
According to Insurance act, 2015 with reference to Clause 13A, claim for loss. In this
case, Dan can apply to the company because they are suffering from loss by fire. It is the liability
of the company to avail necessary benefit to them. It is the liability of the company to convey
proper information so that specific information can be provided to the client.
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P5 Justification of solution
Employees are the important part of the organisation and without them business can't be
operated. It is duty of the company to provide some right to its delegates. This states that
delegate must be given understanding that is required to be given within two months of joining.
Employment right act consider different points as Employment contract 1963, Employment
safety act 1975 and besides Wages act 1985. as per work act, it is identified that out of line end
has been occurred (Bishara, 2011).
As per the law, the business does not6 have any right to fire any of its employee without
any prior notice except some circumstances. It is required for the organisation to make focus on
laws and principles that are formulated by government.
In case of Dan, he is liable to take firm harm that is caused to him. As per insurance act,
there is no arrangement that states about breaking point of asserting. They are liable to make
claim to insurance company for such loss.
TASK4
P6 Recommendation for alternative legal system
a) Alternative dispute resolution is the way that is used by people so that they can make make the
solution to the problem that is faced by them. It is useful term that i9s used by organisation
because it helps to getting out of consequences (Cavaliere, Mulvaney and Swerdlow, 2010).
Benefits that can be availed from this legal system-
 This is helpful to reduce cost.
 It is flexible and provide best result.
 This is confidential as one party is aware with the entire situation.
 It is easy to understand.
 The process of solution to the problem is short.
b) ADR (Alternative Dispute Resolution) is the process where two parties resolve their problem
without moving to the court. Government makes positive effort to enhance this sector so that it
can’t enhance burden on court. There is different form of ADR i.e. third part resolution. In this
third part helps to resolve the issue. In UK, there are many ADR system at large that are
regulating in different sectors. It includes financial services, telecom and others. It can be used
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by parties because it takes less time as comparison to other ways. Conciliation is also part of it.
In this third part resolve the issue. And such person is appointed by both the party.
Advantage of ADR-
 It is cheap process.
 This is flexible and effective.
 It is confidential process.
In US, it is the process that is taken to resolve the dispute. In this number of person are taken as
1, 3, 5…. They have their own rules and regulations and it is top perform their functions in
effective way. It depends on the party whether they want to go for litigation process or not.
Laws UK USA
Minimum wage Minimum wages act 1998, states
that employee is liable to take
remuneration for the work that is
done by them and minimum wages
can be availed to them.
Labour standard is adopted in this
country. Pay is provided as per the
skills and qualification of wages.
Company law Company's act 2006 is effective
that is applied to the corporate that
states some duties of employer and
employees (Cheeseman and
Garvey, 2014).
Securities act 1933 and securities
and exchanges act 1934 are used
and it is required for the company to
follow provisions and principles of
it.
CONCLUSION
As per the above study it can be concluded that laws are important that is required to
follow by the organization. It provides assistance to the business so that it can move more
effectively in present time. There are many acts that are in force and all the regulations clearly
states liability of employer toward its employees. It is the duty of employees to perform task in
effective manner and employer is on duty to provide safe and healthy environment at workplace.
There are some of the effective way to resolve the issue that is faced by people like ADR that
can also be considered in this regard.
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REFERENCES
Books and journals
Bagley, C. E., 2010. What's Law Got to Do With It?: Integrating Law and Strategy.American
Business Law Journal. 47(4). pp.587-639.
Bishara, N. D., 2011. Governance and corruption constraints in the Middle East: Overcoming the
business ethics glass ceiling.American Business Law Journal. 48(2). pp.227-283.
Cavaliere, F. J., Mulvaney, T. P. and Swerdlow, M. R., 2010. Teaching business ethics after the
financial meltdown: is it time for ethics with a sermon?.Education. 131(1). pp.3-8.
Cheeseman, H. R. and Garvey, J. R., 2014. Business law. Pearson.
Chemerinsky, E., 2016.Constitutional law. Wolters Kluwer Law & Business.
Crane, A. and Matten, D., 2016. Business ethics: Managing corporate citizenship and
sustainability in the age of globalization. Oxford University Press.
Hayden, G. M. and Bodie, M. T., 2012. The Bizarre Law and Economics of Business
Roundtable v. SEC.J. Corp. L.. 38. p.101.
Heath, J., 2011. Business ethics and the ‘end of history’in corporate law.Journal of Business
Ethics. 102. pp.5-20.
Kinicki, A. and Kreitner, R., 2012. Organizational behavior: Key concepts, skills & best
practices. McGraw-Hill Irwin.
Law, R., Qi, S. and Buhalis, D., 2010. Progress in tourism management: A review of website
evaluation in tourism research.Tourism management. 31(3). pp.297-313.
Pohl, M. and Tolhurst, N., 2010. Responsible business: how to manage a CSR strategy
successfully. John Wiley & Sons.
Reed, O. L. and et. al., 2013. The legal and regulatory environment of business (p. 328).
McGraw-Hill/Irwin.
Suthers, D. and et. al., 2013. Productive multivocality in the analysis of group interactions.
Springer Science+ Business Media.
Trompenaars, F. and Hampden-Turner, C., 2011. Riding the waves of culture: Understanding
diversity in global business. Nicholas Brealey Publishing.
Online
BUSINESS LAW REVIEW, 2017. [Online]. Available through:
<http://www.kluwerlawonline.com/toc.php?pubcode=BULA>. [Accessed on 26th July
2017]
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