Business Law Report: English Legal System and Employment Law

This report provides an in-depth analysis of business law within the context of the English legal system. It begins with an overview of the structure of the English legal system, including its various sources of law, such as statutory and common law, and the role of government in law-making. The report then delves into the legal obligations of employers, focusing on occupational health and safety, compensation, and equal opportunities. It also examines the impact of employment and contract law on businesses, addressing issues like discrimination and employee rights. Furthermore, the report explores legal solutions to business problems and the benefits of alternative dispute resolution processes, recommending suitable alternatives. The report emphasizes the importance of adhering to legal frameworks to ensure fair practices and mitigate risks within organizations. The provided solution explores the legal obligations of employers, focusing on occupational health and safety, compensation of workers, harassment, and equal opportunities. It further analyzes the impact of employment and contract law on businesses, including discrimination and employee rights.

Businesses Law

Table of Contents
INTRODUCTION...........................................................................................................................1
Section 1...........................................................................................................................................1
P1 Structure of English legal system and various sources of low...............................................1
P2 Role of government in law making and application of statutory and common law..............3
Section 2...........................................................................................................................................4
P3 Legal obligation of employers in relation to:.........................................................................4
(a)................................................................................................................................................4
(b) Impact of employment and contract law on business............................................................5
Section 3...........................................................................................................................................6
P4 Legal solution to the problem................................................................................................6
P5 Justification of solution..........................................................................................................7
Section 4...........................................................................................................................................8
P6.................................................................................................................................................8
(a) Concept and benefits of using alternatives resolution process..............................................8
(b) Recommend an alternative legal solution..............................................................................8
CONCLUSION................................................................................................................................9
REFERENCES..............................................................................................................................10

INTRODUCTION
Business law is an activity of organization which helps in running enterprise process in
an effective manner. It is a combination or different activities to evaluate the organizational
functions. It is important for every organization to follow the legal rules of nation. Basically,
business law includes a large number of state rules and federal laws which are needed to be
followed by every enterprise to avoid the legal conflicts which arise in organization. When a
group of people and an individual start a new business then they have to follow all legal aspects
which exist in the country (Bagley, 2010). It is the main responsibility of businessmen and an
employer to provide basic rights at workplace. It is also known as commercial law to describe
the regulation of business. Present report is based on the English legal system and various laws.
Here, employment law is also described which assist in making the best policies for employees at
workplace in business entity.
Section 1
P1 Structure of English legal system and various sources of low
Basically, legal system is operated from a specific nation but English legal system is
operated by different countries such as New Zealand, Canada and many more. English legal
system is divided in two parts where first is civil and second one is criminal law.
 Civil law relates to the private disputes which arise in two or more parties and
organization. It is made for resolving conflicts that arise in enterprise.
 On the other hand, Criminal law is related to the crime which can be serious like murder
and unsuitable action and specific data. In English legal system law supreme court hold
the position of extreme point body.
It is the final decision in all over the countries who follow English law which is made by
the Supreme Court. Magistrate’s courts and tribunal is the first place where individuals go when
they face legal conflicts (Cheeseman and Garvey, 2014). The next level is Crown and country
court which handles hard and complicated cases. In all these courts, Supreme Court takes big and
higher position with having two different separate bodies. The first separate body is responsible
for solving family issuers such as Queen's bench division and chancery or second one is based on
the divisional court which also known as administration court.
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Illustration 1: Structure of English legal system, 2017
Sources of law
Mainly, four sources of law are defined in the United Kingdom.
 First it is state by the parliament of UK parliaments.
 Second one is common law which was implanted in England at the time of
standardisation of regulation.
 Third one is European Union and the last fourth one is case law. Parliament is an
important source of processing a legal instrument. It is the main duty of parliament to
define best legislation to develop law (Crane and Matten, 2016). If selected candidates
are interested and want to vote for execution of specific act they can vote in favour of it..
When that proposal get majority of vote that it become an act
When these types of laws create the problems so that government has to end that type of law s in
their regulations. E.U was a part of the UK which was able to follow the all rules that are define
by the European union. After the case of Brexit, UK was not eligible to follow the rules of EU.
After that some rules and regulations are define by the courts for every person which are
followed by the every individuals for evaluating judgements. Recent English focus on the
removing the legal conflicts in social investments and some recommendations are related to the
various issues like fire arms which is involved in The Policing and Crime Act 2017 this
legislation got the royal assent.
All of these are essential laws which are related with the English law stuntmen. Every
organization having some law and legislation which is set by the government of its nation which
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are focus ion the solving the legal conflicts. These rules and legislation have to follow by the
every couturiers to define the best procedures (DiMatteo, 2010).
P2 Role of government in law making and application of statutory and common law
Government is an important factor which plays a vital role in implementation of law. It is
also essential for the formation of laws, for solving the social problems parliament is responsible
to develop acts and laws. In a nation when a big problems are arise which is affect the its
countries peoples then government bodies define some important rules and regulations to
evaluate the actions which are creating the obstacles. In order to stop that problem, government
authorities make the best plan which is sent to cabinet ministers to resolve that obstacle and stop
the action. If they are agree with the plan then they are able to convert it into a bill which are
having all provisions and sections about different issues (Foss and Knudsen, 2013). After the
same, bill is presented in front of government in parliament where different efforts are made by
the government authorities to make the bill in a 'law'. In sending a bill to the parliament they
involved various number of steps to implement in this process. First is reading bills is send to the
all MPs and second is reading MPs from government side and they are tries to convince to the
other MPs so that they will vote in favour of bills. This bills are discussed by the parliament
members and the government tries to sole the all queries which are related to the proposed bills.
After that a committee define 20MPs which is made to do the important changes in the bill
which assist in making the more effective bills. Voting and debate is part of third stage and than
they sent to the Monarch regarding to the approval which can be assist in convert a bills into an
act.
Statutory law is a written form. It is an act which are managed by the legislation bodies.
It is also in a natural perspective and new law that is issued by the governments authorities.
Common law is made by the various decision which are define by the judges these decision are
having wide nature in scope. With the help of various legal agencies, government of business
made the legal law to solve the social problems and various conflicts. On the basis of these acts
the court give judgements of provisions of punishments (Grundfest, 2010. All these judgement
are based on the some law and they are not able to free and punish anyone or organization
without define the law. Common law is very different from statutory because of it recolonize
past judgement which is define by the courts while they giving and judgement. Jury can give and
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provide decision which is based on the various judgements which are taken in past cases. It is not
necessary to follow the rules which is made by the government authorities.
Section 2
P3 Legal obligation of employers in relation to:
(a)
 Occupational health and safety: According to this act, it is a main responsibility of an
employer to provide best health and risk free condition to every employees at a
workplace. They are make sure that safe and effective tools are used by the employee to
don their work so that any accidents and conflict are not arise in the organization. Best
and proper training should be provided to the workers and employees so that every
person are safe and also maintain safe environment at workplace (Halbert and Ingulli,
2011). On the regular basis employer have to update procedures which is related to the
safety and health.
 Compensation of workers: It is a main responsibility of employer to balance every
employee in the fair way. In care of that any worker get injured while doing work and
working hour than an employer have to pay for his injury which is given within the 24
hours. In that case it is employer duty to provide best accommodation to the workers so
that they are satisfy by the company services.
 Harassment: in an organization employer is responsible to make best rules and
regulation to stop harassment which is create more obstacles for workers. For example:
unfair treatment and discrimination with educated employees. In these case of
harassement feedback is a important process which encourage the employee so that
manager of the copmpany can understand all the issure which is faced by the employees
at workplace. Communication is also a im portant process to chaek the issues.
 Equal opportunities: It is a important legal obligation and procedure to the employer
who provide equal or best job opportunities to the employees at working place. In this
process every type of discrimination will be stopped and provide equal salary to
employees who are doing same job in organization (Johnson, 2013). Disable people also
treated at same manner to other and provide same opportunities.
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(b) Impact of employment and contract law on business
Employment law is a process of all activities which is related to the responsibility of
employer and employees at organization. It is combination of various activities which are having
better rules and regulation toward the employees favours. It assist to the employees to get fair
and less wages which is provide by the employer. It also define the good solution of critical issue
which all Are the related to employee's. In today's business environment discrimination is one of
the major issues which is raise in organization in regular basis. The government has develop
some rules and regulation to stop that case so that every person can get equal opportunities in
their working place. This problem is solved in under the equality act of employment act. This
legislation define that what an employer are expect from workers and an what an employee ask
to the job provider about their job profile and opportunities. In discrimination the workers age,
gender, culture and caste is major issue in business organization (Kinicki and Kreitner,
Kitagawa, 2016). In this issue the equal opportunity act and workers discrimination act helpful to
the employees solve the issue and provide the same opportunities to their employees. This act
define various things which is important to the every business to get better results in their
business operations. Employment law define clear image regarding the employees. In this act it
include all the relevant data and knowledge of workers termination in order to resolve the legal
dispute which is arise at working environment. This act has to cover acts like minimum and
equal wage to solves the remuneration issues. Under the employment act it is main responsibility
of employer to provide best training program to their employees to perform hard and risky job
which assist in removing the accident at workplace.
In the given case study 16 years old girl who is working in a fool retail she get injured by
falling down in the floor and his hand deep fry. After this accident there are many question arise
and the first is the 16 year old girl is working in a food outlets which is illegal and at the time of
accident the manager of the company was busy in their work. It is main issue that manager fails
to get proper attention to the girl and they did not provide medical facilities to her. If manager
give proper attention and best monitoring then they avoid this accident. In a company lack of
staff manager so that company did not avoid to give proper treatment (Mann and Roberts, 2011).
So that it is important responsibility of manager to provide safety, when that girl aware about
these type of accident so that she can avoid all these situation at workplace. So that in case of
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proper attention by the organization management they are minimized accident at their
organization workplace.
Contract law: It is an international agreement between two or more parties to get legal binding.
In organization when an employer choose an employee in order to perform the job in
organization than contract is sign by the both parties and follow all the duties. Both party become
bound the legal aspects which assist in maintaining good relation with both parties (Nichols,
2012). According to the given case 16 years old girl can take action against to the organization to
receive compensation. All the risky condition is define in the contract so that they can minimize
the number of accidents. In enterprise it affect negatively which are define in the some points:
 reduce the sale of the organization.
 Increase the training cost which is provide to the employees.
 It affect the company image and decrease the brand value of the company.
Section 3
P4 Legal solution to the problem
Employment act include the recruitment process and transamination. Every business is
responsible to the recruitment and termination process. There are two type of termination first is
unfair dismissal and second is wrongful dismissal. In the wrongful dismissal employer terminate
to the employee by breaking the contract term and in unfair dismissal employees get termination
with out and prior basis.
Under the various laws every company and employer give notice of termination at
particular time. Under the case of unfair dismissal employer terminate the candidate without
giving any fair reason (Posner, 2014). Given the case study Calvin termination is unfair and
wrong. Every employees has right to get notice of termination before living their job. Donna fire
Calvin on unfair basis. When Calvin go to the court then it affect to the company image and they
face lots of problems. So that in order to solve matter they should define investigation to find the
real thief. There are some rights which has follows by the Calvin: Re- engagement,
Compensation, Right to get salary and Evidence to which helps in getting fair solution.
In other case Dan is owner of small store which destroyed to the fire and at the time Dan
got confused to filling the form and fill wrong information in the insurance form. After some
time he start and open new store at another place but it also destroyed by the fire and in this time
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the insurance company make sure that they give compensation but they did not fulfil the claim.
In this situation Dan file a case against the insurance company (Robson, 2010). In this situation
the insurance company lose their brand image ion front of customers so that the company should
pay claim to the Dan.
P5 Justification of solution
Every company and individuals follow the law which are define in the nation. Every one
has bound to follow the legal rules. Legal rules and regulations are define both solution of the
above given problems. It is the best for both parties. It is easy to solve the problems on their
personal basis. In first condition, if Calvin go to the court and then file case against to the fasion
company than the company reduce their brand image in market and it will also effect negatively
in market share. So that fashion house choose alternative solution which is outside the court. If
both parties goes the court than they have to pay large number of amount to fulfil legal
formalities. It is very big process and get more time to solve the problems so that out side the
enterprise is very beneficial for the both parties.
In second case same advice is given to the insurance company and Dan to solve the meter
outside the court. When they are going to the court then they are face more problems like they
has loose their brand image in customers mind (Scholes, 2015). In other situation both
companies have less chances to get win. It is very complex situation to the both parties so that
they should do settlements outside the court. There are some points which is define the benefits
of the both parties:
 When both parties go to the court then the matter are solve in front of large number of
people so that the company loose their brand image in customers mind.
 Increase the cost of hiring the lawyer.
 Select the court to solve the matter it consume time to solving the problems.
 Negative impact on the reputation of the company.
So that both parties should try solve their issue outside the court.
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Section 4
P6
(a) Concept and benefits of using alternatives resolution process
Conflicts are easily arise in organization when two or more parties are together to do
business activities. When parties face these problems they have two option that they go to the
court and other one is solve problems on personal basis. When parties use first option that is go
to the courts then they fulfil legal formalities which is big burden to the both parties. On the
other hand solution on the personal basis (Snyder and Deaux, 2012). Before going courts both
parties choose the alternatives. Parties choose the alternative solution because it is time
consuming process which include negotiation, arbitration and mediation. These are assist in
provide better opportunities to the both parties. Under alternative solutions mediators helps both
parties in finding the main cause of the problem and assist in better solve the problem. It is main
advantage to using this alternative which is save the time and cost of the parties. Some steps are
followed by the parties to get best solution of the problems:
 Parties hired third party for knowing the issue behind the dispute for better finding the
solution.
 After that both parties close the issues which is assist in understanding the main problems
behind that.
 After that third party give better judgement which is related to the facts and figures which
are presented to the both parties (Spalding, 2011).
These steps follows by the parties. There are some points which is followed by the parties to
understand the benefits of the approaches:
 Save the cost of fulfilling legal formalities.
 Eliminate the biasness in decision making.
 Guide in find effective solution.
(b) Recommend an alternative legal solution
According the given case study Tyrell and Antwon facing more business problems. Both
parties doing their efforts in order tom fine best solution of the problems but they did not find the
solution. In present time they want to maintain better business relation for this they can go for
alternative business solution. under this they can take help of a mediator or they can go for
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arbitration. By this they can find better solution in minimum time, after finding the solution it is
advisable for both of them to sign an agreement for avoiding future conflicts.
In arbitration strategy, it assist in finding the better solution in minimum time. Arbitrager
charge high fees it is main weakness of using this method (Weber, 2010). In this they provide
best solution and maintain good working relation. There are some advantage for the both parties
to use alternative solution:
 It helps in maintaining business relation.
 Helps in finding best solution.
 Save time and money of parties.
 It provide job opportunities to both parties.
CONCLUSION
In above mentioned report can be conclude that various laws help business owner in
executing activities in a smoothly manner. Parties involve in the conflicts can go for alternative
solutions or can solve on their personal basis rather than go to the court.
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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.
Cheeseman, H. R. and Garvey, J. R., 2014. Business law. Pearson.
Crane, A. and Matten, D., 2016. Business ethics: Managing corporate citizenship and
sustainability in the age of globalization. Oxford University Press.
DiMatteo, L. A., 2010. Strategic contracting: contract law as a source of competitive advantage.
American Business Law Journal. 47(4). pp.727-794.
Foss, N. J. and Knudsen, C. eds., 2013. Towards a competence theory of the firm(Vol. 2).
Routledge.
Grundfest, J. A., 2010. The SEC's Proposed Proxy Access Rules: Politics, Economics, and the
Law. The Business Lawyer, pp.361-394.
Halbert, T. and Ingulli, E., 2011. Law and ethics in the business environment. Cengage Learning.
Johnson, L., 2013. Unsettledness Delaware Corporate Law: Business Judgment Rule, Corporate
Purpose. Del. J. Corp. L..38. p.405.
Kinicki, A. and Kreitner, R., 2012. Organizational behavior: Key concepts, skills & best
practices. McGraw-Hill Irwin.
Kitagawa, Z., 2016. Administrative Regulations (Vol. 4). Doing Business in Japan.
Mann, R. A. and Roberts, B. S., 2011. Smith and Roberson’s business law. Cengage Learning.
Nichols, P. M., 2012. The business case for complying with bribery laws. American Business
Law Journal. 49(2). pp.325-368.
Posner, R. A., 2014. Economic analysis of law. Wolters Kluwer Law & Business.
Robson, R. A., 2010. Crime and punishment: rehabilitating retribution as a justification for
organizational criminal liability. American Business Law Journal. 47(1). pp.109-144.
Scholes, M. S., 2015. Taxes and business strategy. Prentice Hall.
Snyder, M. and Deaux, K., 2012. Personality and social psychology. In The Oxford handbook of
personality and social psychology.
Spalding, A. B., 2011. The Irony of International Business Law: US Progressivism, China’s New
Laissez Faire, and Their Impact in the Developing World.
Weber, R. H., 2010. Internet of Things–New security and privacy challenges. Computer law &
security review. 26(1). pp.23-30.
Online
English Legal System Lecture Notes. .2017. [Online]. Available
through:<https://www.lawteacher.net/lecture-notes/english-legal-system/>. [Accessed
on 8th August 2017].
What Is Business Law? - Definition & Overview. 2017. [Online]. Available
through:<http://study.com/academy/lesson/what-is-business-law-definition-
overview.html>. [Accessed on 8th August 2017].
Basic structure of English legal system. 2017. [Online]. Available
through:<http://tarlton.law.utexas.edu/english-law>. [Accessed on 8th August 2017]
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