Business Law Report: English Legal System and Employment

This report provides a comprehensive overview of business law, beginning with an introduction to the English legal system, including its composition, sources of law, and the functions of governing bodies in amending laws and applying statutory law. The report then delves into employment law, covering judicial rights in employment proceedings, including occupational health and safety, worker's compensation, and harassment. It further examines the influence of occupation and bidding instruments on enterprises. The report also addresses suitable judicial resolution for business problems and explores the advantages of alternative dispute resolution processes, offering recommendations for effective conflict management. The assignment concludes with a discussion on the importance of adhering to legal standards and convictions in workforce activities, emphasizing the need for businesses to comply with all relevant laws and regulations to ensure smooth operations and maintain a positive reputation.

Business Law

TABLE OF CONTENTS
INTRODUCTION...........................................................................................................................1
SECTION 1......................................................................................................................................1
P1. Composition of English legal system and origin of laws.................................................1
P2. Function of governing bodies in amending laws and application of statutory law..........3
SECTION 2......................................................................................................................................4
P3. Employment’ judicial rights in several proceedings........................................................4
(b) Influence of occupation and bidding instrument upon enterprise.....................................5
SECTION 3......................................................................................................................................6
P4. Suitable judicial resolution for business problems...........................................................6
P5. Explanation for solutions.................................................................................................8
SECTION 4......................................................................................................................................8
P6. (A) Idea and advantages of alternative dispute resolution process..................................8
(B) Recommendations............................................................................................................9
CONCLUSION................................................................................................................................9
REFERENCES..............................................................................................................................11

INTRODUCTION
Commercial principles is a word which covers essential laws, norms, acts, rules and
regulations which are followed by every organisation while running their enterprise. In fact,
every single law or regulation related to formation and operations of business entity is considered
under the business law. One of the major reasons behind existence of these “act” is to minimize
the chances of conflicts by restricting several types of malpractices done by small and large
companies while performing their enterprise operations (Bagley, 2010). This assignment is going
to segregated into four groups for showing various mandatory rules which was enacted by legal
bodies for creating an environment free from any discrimination. It also throws some light on the
English legal system which plays an eminent role in UK by encouraging companies to follow
necessary rules and regulations while running business. Apart from this, role of government and
judiciary system as well as employer's and employee's legal obligation is also discussed here.
Last but not the least this report covers few scenarios which will help enterprises in
understanding several kinds of norms.
SECTION 1
P1. Composition of English legal system and origin of laws
Rules is enacted by governing bodies of nation whereas English legal system has
presented many more countries like New Zealand, Canada, etc. In fact, another name of this
system is European legal bodies where power is distributed at different levels. Basically,
Britishers ruled across national borders and different territories (Cheeseman and Garvey, 2014).
Few experts and specialised people thought that structure of judiciary system in the UK is not
easy to understand which creates various types of confusion in society. Therefore, judicial
system is classified into two distinct piece where first is a criminal law and another is the civilian
law. Initial law is engaged in resolving solemn crimes for example killing someone or trying to
kill, whereas second one is related to conflicts between individuals or organisations. Proper
structure of English legal system is described as follows:

(Source: Hierarchical structure, 2017)
Sources of law:-
Legitimate arrangement of United Kingdom may sound complicated however, it helps in
creating a equity between individuals who are following every single guideline and rules which
are available in the nation (Crane and Matten, 2016). There are four sources of making rules and
regulations, initial one is a parliament of UK. In voting process, society chooses their pioneer
who communicate with them in parliament. If governing bodies try to implement few
modification in the country, then they prepare a legal document and present it before individuals
from parliament. After through discussion, decision will be taken by conducting voting method
and if official report gets maximum number of votes then this bill will be reformed as per
demand. Government plays an eminent role in these strategies for formulation of standards.
'Common law' is a lawful framework which was made hundreds of years back. Its
fundamental reason for existing was standardisation of control all through England. These
demonstrations are turned out to be outdated in this time and so, government is finishing them in
normal interim of time (DiMatteo, 2010). Albeit, some piece of this wellspring of law is
acknowledged by the world since it give fundamental arrangement of different sorts of issues.
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Illustration 1: Hierarchical structure

Prior, UK was a piece of European Union, they needed to take after the principles made by EU.
This was a circuitous type of law yet after Brexit, nobody in UK needs to take after the directions
made by European Union. At the season of tackling different questions, court gives distinctive
judgement which supports whole nation and individuals while resolving their issues.
Government can be considered as the fundamental wellspring of law progress by improving
whole nation with implementation of powerful laws (Foss and Knudsen, 2013).
There are number of laws are present which originated from various sources and few acts are
enacted due to some reasons or actions. Some obsolete demonstrations like “law of will” will
see some significant changes in up and coming year. There are suggestions identifying with guns
which will turn out to be a part of the Policing and Crime Act 2017 and later on they got imperial
consent.
P2. Function of governing bodies in amending laws and application of statutory law
There are several problems and barriers are faced by individuals. Therefore, governing
bodies of nation is responsible to solve issues facing by public. Parliament of UK act as a
premier source of law since individuals who stay there speak to regions who have chosen them
(Grundfest, 2010). Initially, law is prepared by recommendations of different experts. They send
their finding to bureau serve so they can check every one of the zones which ought to wind up
some portion of legal document. In legislature, this authorized record is presented in front of all
individuals and so that they can go through it as well as find arrangements which should be
changed. When all the MPs read proposed change, advisory bodies starting communication on
this formal depositary and try to influence every member available in legislative assembly so that
they can take their decision in favour of presented official document. If an administration locate
few certified issue than they transfer this formal archive to the advisory group of MPs so they
can implement some improvements (Halbert and Ingulli, 2011). if proposed bill gets maximum
votes and identify that every member are agree with the change than this legal documentary will
change over into "law" however after permission of Sovereign.
Statutory law is enacted by province or governing specialists. Dissimilar to customary
law, it is a composed demonstration whose creation is prescriptive. Principle reason of
arrangement of this sort of connection is to discover the arrangement of enormous issues which
is affecting numerous of individuals. Custom-based law is enlightening in nature. Choice given
by court turn out to be a piece of legitimate framework which must be trailed by each individual
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crosswise over the country. At some point, different judicial body make these decision as the
base of their choice. A magistrate or board of fiduciary of judges need to say the law under
which they are rebuffing or liberalising somebody (Johnson, 2013).
Legal law is a consequence of broad inquiry and investigation of past proceeding. In fact
this law doesn't bother any adjustment while using it in court of justice. However, custom-based
law can be interpreted as per the need of court which differs from cases to cases. This sort of
control gets created on regular schedule with no examination. There are a few territories where
precedent-based law is not appropriate but rather statutory tenets should have been followed in
all the aspects of nation.
SECTION 2
P3. Employment’ judicial rights in several proceedings
Occupational well-being and security – Term related security or well-being organization
act plainly expresses that business needs to give an immaculate working environment which is
free from different sorts of unsafe conditions (Kinicki and Kreitner, 2012). They need to give
safe instruments and supplies to representatives keeping in mind the end goal to evade
mischances that can take life of a specialist or do genuine harm to them. According to this law it
is very essential for supervisors to create a environment of workplace free from any damages and
accidents. Health and safety of employees is very much essential because every one knows that
“health is wealth”. Therefore higher authority of organization is liable for protecting employees
from any danger and disaster.
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Illustration 2: Legal bodies
(Source: Legal bodies, 2017)

Worker’s compensation – Employers need to offer protection to their specialists and they
are required to circulate a notice about this data across necessary areas so that every worker can
see it (Kitagawa, 2016). If there is an occurrence of any extreme mischance, manager needs to
pay representative claim sum within 24 hours. On the off chance that specialist get harmed than
manager is subject for remunerating them since it is their own obligation. They likewise need to
give them appropriate settlement.
Harassment– Some prevalent cases of badgering are uncalled for treatment, spreading
gossip and so forth. As indicated by equity norms 2010, these practice session considered as a
unlawful. To keep away from these episodes, it is essential to make an appropriate chain of
correspondence so that they can stop different questions at the purpose of its era (Mann and
Roberts, 2011).
Equal opportunities – Employer needs to give equal chances to all representatives. They
cannot do separation of premise on the basis of sexual orientation or race. If any employee
succeeded in meeting all the requirements for a particular position than association needs to pay
him more cash and assign him correct position.
(b) Influence of occupation and bidding instrument upon enterprise
Occupational law is a combination of numerous acts and norms which highlight the
responsibility of employees and employers towards success of an enterprise. Laws implemented
by legal bodies are highly useful and help employees in acquiring fair and marginal wage by
their supervisors. Apart from this, it also supports in minimizing the problems faced by workers
while performing their job roles at workplace (Nichols, 2012). Along with this, in today's
modernized and forward-looking world, discrimination acts as one of the major obstacles which
may occur in most of the companies and affect micro and macro environmental factors. First and
the foremost aim of acts related with employee’s protection is to make it precise that what
employers may demand from their labours. Other than this, it also covers or throws some light on
several things which is are essential for the whole organization to have smoothness in their
business operations.
Rather than this, it likewise throw some light on the information related with termination
procedure of representatives because of which legitimate conflicts emerges in the work
environment. Accordingly, to resolve issues of income legal bodies sanctioned number of case
such as least and equivalent wage (Posner, 2014). Dangerous and basic employments require
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general supervision of higher or specific people to evacuate mishaps and wounds at workplace.
Therfore it resulted in removal of accidents and injuries because existence of negative
surrounding influence entire association. Along with this, it likewise influence the goodwill of
foundation as a top priority of their customers. In this manner, for expanding adequacy of
business operations, it is extremely basic for each association to receive these lawful standards
and convictions on workforce exercises.
As indicated by given contextual investigation, a young lady of 16 years aged was hired
in a sustenance (Robson, 2010). Her job is to fry French fries in large container where she felt
down and in the meantime, her hand slipped in the profound fryer because of which she get
harmed to left arm. In fact at the time of this incident administrator of an enterprise was not
watching the episode though he was still performing his job role and business activities without
taking any immediate action. Therefore, by analysing this overall incident, first question which
emerges is that offering work to a 16 year old young lady is consider as illicit. Apart from this,
administration also neglected effective monitoring and reviewing process because if accident is
timely observed by supervisors then it might be control by them before occurrence of incident.
On the other hand, there is absence of immediate medical facilities to the young lady due to
minimum employees working there.
Actually that young lady was not aware about these sort of wounds therefore head of an
endeavour is responsible to give important information and data to representatives working in a
perilous situation for limiting mishaps (Scholes, 2015).
SECTION 3
P4. Suitable judicial resolution for business problems
There are a few principles which must be considered by the workers to record before
filling a case against their bosses. They ought to be operative either full time or part time. As per
this act, work time do not make any difference. Other critical arrangement of this demonstration
is that a worker ought to be working in that organization for at least one year and if employees
get failed in fulfilling the terms and conditions of an enterprise then they won't get any legitimate
help from court. There are a few exemptions of these tenets which are considered in few
extraordinary legal proceeding. Each association has fixed termination age which in ordinary
circumstances is 60-65. Therefore authority of an enterprise don't have any right of suing their
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boss in the event that they fire them since they were assume to resign after they cross settled age
restrict (Snyder and Deaux, 2012).
According to the given case study, Calvin is a representative of substantial fashion house.
He deals with the position of architect. He was working from the most recent 4 years, however,
one day his boss, Donna terminated him since he was acting suspiciously. At the point when
Donna checked frivolous money box, she found that 100 pounds were missing. She let go Calvin
as a result of her doubt. There were 4 other individuals who were available in that room however
she did not ask them a single thing. She likewise offended him by saying that she don't need any
thief in her association. For this situation, she violated two laws which is described as follows:-
 First is uncalled for expulsion which means that she didn't give a legitimate purpose and
fired Calvin on the premise of doubt.
 Another lawful slip-up which Donna submit was wrongful rejection of workers which
means that she didn't pull out period which is fundamental before terminating a labourer
out of organization.
Therefore, Calvin have right to sue his supervisor because he did not give him suitable
ground for expulsion. There were four different representatives who could likewise take cash
however, she didn't get some information about missing cash. She just gave oral request which is
unlawful as per the law. According to law it is essential to appoint a specialist person for
analysing the entire situation for understanding the hidden points which helps in decision making
process. Legal framework may arrange Donna to give Calvin his old position and apologize him
openly on the grounds that she admonished him for reasons unknown before his collaborators
(Spalding, 2011).
Whereas, in other case, Dan, a proprietor of little accommodation store applies for a fire
protection. Insurance agency gave him a shape to fill which has one inquiry "did you made any
claim on protection approach in most recent two years". He filled "no" in box since he didn't
realize that by 2 years they mean 23 months. He endure enormous misfortune in flame at his new
store yet insurance agency denied to pay a solitary penny in view of the perplexity in "2 Years"
term. As per the law, organization should influence their customers to comprehend what they
mean by specific term. This misstep can be submitted by any individual on the grounds that by
and large term 2 years mean two years (Weber, 2010).
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Dan has a right to file a case in court as he is qualified for suing his boss. They need to
pay him fitting sum with a letter of statement of regret. Insurance company needs to offer him
appropriate amount with a letter of apology.
P5. Explanation for solutions
Every enterprise wanted to establish their goodwill in the marketplace as it helps them in
continuing their business for long term. It means that if they follow essential norms, beliefs, rules
and regulations which are enacted by governing bodies then it may capture the attention of
millions of customers. In the given scenario of Calvin, his supervisor Donna terminated him
without giving any genuine reason and notice period. In fact, she embarrassed him by asking to
leave the organization because she don't want any thief in her organization. Therefore, procedure
of retrenchment was consider o be unlawful. Legal process of UK is very much complex due to
which decision making process will take maximum time period as well as try to identify an
appropriate solution which will be advantageous for both of them.
Calvin belong from middle class family which indicated that it is not possible for him to
appoint an expensive lawyers and spend time on legal proceeding. Therefore, it has been
understood that reason for terminating Calvin from organization was considered to be unfair
because according to the legal acts, decision maker does not have authority to fire workers on the
basis of unfair reason (English Legal System Lecture Notes, 2017).
According to other case, insurance company is not ready to pay full amount of claim
because Dan got failed to understand the terms and conditions of contract. As per rules,
enterprises dealing with insurance policies are liable for making clearing terms to other person
understand about necessary laws and rules which are mentioned in the contract. Therefore,
according to the given case study, if security organization resolve this matter out of the assembly
then they can easily secure maximum sum of money.
SECTION 4
P6. (A) Idea and advantages of alternative dispute resolution process
Alternative dispute resolution is one of the effective methods of resolving business
problems without spending maximum amount. Therefore, there are mainly three different types
of methods present for minimizing conflicts which are mentioned as below:
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 Negotiation: - According to this both parties meet with each other for discussing
problems and to clear all the facts and figures by considering relevant information. Arbitration: - It refers to involvement of specialised persons for resolving issues.
 Conciliation: - In this method, parties appoint a mediator or third party for
communicating to resolve their issues by considering thoughts of both individuals (What
Is Business Law? - Definition & Overview, 2017).
Every method has its own benefits and limitations due to which various parties can easily
identify appropriate solutions for resolving different kinds of disputes.
(B) Recommendations
Antwon and Tyrell are facing conflicts between them from long time. Therefore, both are
trying to resolve their barriers but after doing efforts from several of weeks they are failed in
finding appropriate solution. According to them, if they run their business in partnership then it
will be very much beneficial for both of them. Therefore, because of the same, they are trying to
remove issues which influence their business relationship. Arbitration is an appropriate option
for eliminating their barriers as this method will take minimum time in an effective manner.
Members of arbitration have in depth knowledge about the overall matter as because of the same,
it is easy for them to resolve available issues within minimum duration. Apart from this, there are
few data which both partners want to keep confidential as if it comes out then if may influence
their business in a negative manner. While comparing arbitration with conciliation and
negotiation it has been identified that used method is much more expensive. Therefore, they are
required to use arbitration method as it supports them in making corrective decision within
minimum duration.
CONCLUSION
From the above report, it can be summarized that laws which are enacted by legal bodies
play an eminent role in corporate world as it helps them in creating an environment free from
any discrimination as well as guide them to run their business in a smooth manner. This report is
all about various essential laws or act which are used by business like occupational health and
safety, worker’s compensation, harassment, etc. Apart from this, it also highlighted some useful
ideas of resolving problems which may occurred at workplace with the help of specific case
study.
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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.
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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
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What Is Business Law? - Definition & Overview. 2017. [Online]. Available through:
<http://study.com/academy/lesson/what-is-business-law-definition-overview.html>.
[Accessed on 30th august 2017].
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