Business Law Report: Analysis of UK Legal and Employment Law

This report provides a detailed analysis of UK business law, encompassing the structure of the legal system, sources of law, and the government's role in law-making. It delves into employer duties concerning health and safety, worker compensation, harassment, and equal opportunities, as defined by employment and contract law. The report examines alternative dispute resolution processes, offering recommendations and comparisons with other countries. The report also analyzes a case study involving a 16-year-old employee injured in a fast-food restaurant due to employer negligence, exploring legal solutions and the application of employment law principles. The student explores the legal framework for businesses, emphasizing the importance of compliance with regulations to ensure fair practices and worker protection.

BUSINESS LAW

Table of Contents
INTRODUCTION...........................................................................................................................3
TASK 1............................................................................................................................................3
P1. Structure of legal system and sources of law........................................................................3
P2. Government role in process of law making & statutory and common law applied in
Justice..........................................................................................................................................5
TASK 2............................................................................................................................................6
P3. (A) Employer's duty regarding various situation..................................................................6
P3. (B) Employment law and contract law.................................................................................7
TASK 3............................................................................................................................................8
P4. Legal solutions for appropriate legal problems....................................................................8
P5. Solution for appropriate case................................................................................................9
TASK 4............................................................................................................................................9
P6. (A) Alternative Disputed Resolution process.......................................................................9
P6. (B) Recommendation of alternative legal solution and comparison with other county.....11
CONCLUSION..............................................................................................................................11
REFERENCE.................................................................................................................................12

INTRODUCTION
Business law is the legal term in which two or more parties are comes in contractual
relationship with each other. Agreement must be prepared by them in written form on which
having stamp of all the parties. They are bound to follow rules and regulation which are imposed
on them as per provision of law and they have to comply with them. Opted statutory method in
order to attain their goals and objectives. There are various types of sources of law which having
impact on existences of business. Government play an import role in law making process.
Government is responsible to frame various types of rules and policies for protection of laws and
bound entire country to comply with them. In present report define legal system of UK.
Employer of business organization needs to maintain equality among members and provide
proper safe and secure environment to them. Have to provide equal opportunities to employees
through they easily perform task. According to employment act higher authorities have to follow
duties which are mentioned under act and prepare legal contract with employees (Roe, 2013).
Alternated dispute resolution process is easier and simpler then process of court. In this process,
the dispute has been resolved by third party called as conciliator or arbitrator. Decision which is
provided by arbitrator is known as arbitral award and parties have to follow it in order to resolve
matter.
TASK 1
P1. Structure of legal system and sources of law.
English legal system prepared basic structure of law which easy to follow by businesses.
Government and parliament play an important role in this process. Organization are bound to
follow rules, regulation and policies which are imposed on them as per the provision of law.
There are different types of sources of law which companies needs to comply with.
Sources define with the help of them act has been create and flow in international market.
Differences sources are as aligned below-
Constitution- The constitution of UK is able to govern act of United State. It define
fundamental rules and regulation which have to fulfil organization in order to attain their target
in effective manner. It defines different laws on the basis of various circumstances. This legal
system is able to allocate power among government as well as state (Trompenaars and Hampden-

Turner, 2011). It is the significant source of law without which laws are not able to gather in
systematic form. Various clauses in articles and amendments are having impact on existence of
business. Fundamental rights and duties are also mentioned in constitution and citizens needs to
comply with them accordingly.
Legislature- Each and every state such as United state having their own legislature.
These are different with each other. Statute or statutory law are governed by this legal body
which are referred as legislation (Callison and Vestal, 2010). It promote certain policies and
regulation which have to be followed by firms for smooth functioning of operation in effective
manner.
 Statute- It is considered as law which is passed or governed by legislature. It is
the systematic body of law.
 Statutory law- This legal body is the result of statutes. Define various laws and
imposed of business.
Executives- President is the highest officer of this branch which having various powers
and responsibilities regarding maintain operation of country (Perry and Stone, 2011). He is
considered as sources of law the reason is bills which are framed by legislation are passed by
them. The order to president is final which bind entire country to follow rules and procedure.
 Treaties- It is the legal term which is considered as agreement and created by
United state as well as any other countries weather one or more. These
agreements are prepared by presidents for which advice and consent of him is
important. Countries have to maintain friendly relation with each other and try to
fulfil rules and duties which are mentioned under written agreement.
Judiciaries- These are considered as court or as government body. In which judges who
are looking for cases are responsible to issue judgements in order to resolve disputes among
parties.
 Common law- This law has been framed by judges which are responsible to play
an effective role in decision making process.
 Case law- Judges take decision with kept in mind previous cases (Sornarajah,
2010). At the time of resolving matter among parties, judges take a look of
previous passed judgement if matter is relevant with each other.

Administrative agencies- These agencies are exist at all levels such as state, local etc. As
they are bound to follow rules which are already discussed under constitution of law.
Case- Medellin vs. Texas, in this case it has been stated that, treaty which is non self executing
are not able to bind by any other rules of state laws.
P2. Government role in process of law making & statutory and common law applied in Justice.
Government consists those person who are able to run operation of country in effective
manner. Large number of responsibilities are imposed on them regarding smooth running of
functions in country. Parliament having a power to pass bills which are draft by the legislation.
But legal authority such as government is bound to protect those acts or laws. They have to
follow rules and regulation which are imposed on them as per the provision of law (Werbach,
and Hunter, 2012). Government is responsible to protect laws which are mentioned constitution
of UK. They have to opted various plans and procedure in order to maintain performance in
international market. They needs to protect interest of people and maintain their performance as
well. Effective role in country are as defined below-
Deciding things- Legal body is bound to take effective decision regarding smooth
functioning of country. They have to manage things according to the rules and policies which are
previously discussed. Operation can be maintain on daily basis.
Set rates of taxes- The rates of taxes are decided by legal authorities. Decide areas of
development in country with the money which are collected in form of taxes and areas where
needs to deliver best quality of public services. Those rates are flow in entire country. All the
citizen needs to comply with rules and policies which are imposed on them.
Both statutory and common law are play an important role in decision making progress.
Statutory laws are also known written law (Buchanan, Netter, Poulsen and Yang, 2012).
Government framed by theses legal bodies which are substantive in nature. On the other hand,
common law is called as case law which are prepared by precedent.
Both are used in justice courts which are helpful for judges. Judges have to take effective
decision with the help of these legal system. Statutory laws are present in written form which are
applied on specific cases.

TASK 2
P3. (A) Employer's duty regarding various situation.
Health and safety
Employers having full control on the existence of every organization. As per the Health
and safety act 1996, they have to provide proper health and safety environment to their
employees (Kaplan, Weisberg and Binder, 2014). Provide safety equipment to their workers who
are working on hazardous machine. Owners have to conduct training session for their employees
in order to enhance their skills and knowledge related to employment. They are liable for any
injury which are created to workers during the course of employment. Maintain proper
cleanliness, conduct proper dusting and moping on daily basis. Through process they can able to
maintain healthy environment within premises.
Compensation of workers
The term compensation stands for providing additional money to employees which are
different from salary (Parker, Gordon and Mark, 2010). The rate of compensation amount if
fixed from one company to another. In case any injury arise to workers during the course of
employment due to negligence employer then they are responsible to pay compensation to
workers. For example- A is the person who work in under the company and managed by B as a
employers. A is working on hazardous machine and B is responsible to provide proper training
as well as safety equipment. But he failed to do so and serious injury caused to A. According to
provision of law B have to pay compensation equal to the amount damages caused to workers.
Harassment
The word harassment stands for exploitation of rights and interest of people which are
able to reduce performance of workers (Deroy and Clegg, 2011). Above the physical capacity the
work has been allotted to employees which is not enforceable in provision of law. They have to
provide proper safe and secure working environment to their employees.
Equal opportunities
According to The equality act 2010, employers are bound to provide equal opportunities
to both male and female. Employees are not discriminated on the basis of age, caste, sex, race,
religious, place of birth etc. This act is not enforceable by law as they imposed penalties on

employers if they failed to perform act which are imposed on them. Provide equal opportunities
such as job, rewards, commission etc. to all age group of people. Consider equal if people have
same qualification, skills, knowledge, skills etc. If they failed in this case then court imposed
penalties on them.
P3. (B) Employment law and contract law.
Every organization have to fulfil their function according to the rules and policies of
employment and contract.
Employment law- On the basis of this law employers have to comply with procedure
which is mentioned under provision of law (Henderson, 2010). Provide proper safe and health
environment to their employees and needs to take care of them as well. Provide remuneration as
per the written agreement which is created by both the parties. This law covers various acts such
as employment act 2010, The health and safety act 1996 etc.
Contract law- Companies are bound to form an agreement with their employees at the
time of their recruitment. Date of joining, amount of remuneration etc. mentioned under
agreement. In which two or more parties are comes in contractual relationship with each other
and try to fulfil duties and rules as mentioned according to the provision. In the given scenario,
team leader is bound to take care of his employee but he failed to do so. As per the negligence
act the 16 years old girl have a right to file case against team leader and receive compensation for
the same as well. But she have to prove some points in court that duty of care, breach of duty of
care, damages caused to plaintiff because of negligence and remoteness of damages.
According to the given scenario, 16 years old girl was employed in the fast food retailing
company. She engaged in cook fries at frying rang. Eventually, she slipped on water leaking and
her hand went into deep fat fryer which is containing oil at 360 degree temperature. Due to
extremely hot oil her left hand severe burns (Kolk and Lenfant, 2012). Team leader is bound to
monitor workplace safety but he failed to do so. Due to his negligence and he is not provide any
safety equipment to 16 years old child. Through which serious injury caused to employee.
According to provision of law employers are not able to employed 16 years old child because
they are considered as minor. In order to appoint minor, employers have to provide notice to
inspector of that area and prepare certificate of fitness as well from prescribed authority. If
employers are failed to do so court imposed penalties or imprisonment or both on them.

TASK 3
P4. Legal solutions for appropriate legal problems.
(1).
Employers have to provide at least 1 month notice or I month salary to their employees in
order to dismisses them from duty. No employers having a power to dismiss worker on the basis
of doubt only (Ghanavati, Amyot and Peyton, 2011). They have to obtain proper evidence
against them and also define their wrongful act as well. If organization is failed to do so then,
employees having a power or rights to file case against them and claim their damages as well.
On the basis of given scenario, Calvin is the designer who is working in a large fashion
house. He worked from last 4 years in one company. Employer name called Donna arrive at
Monday morning and checks her petty cash box. After that he found that her 100 ponds are
missing and doubt is totally going to Calvin. On the basis on doubt only she dismisses her
employee and cancel his employment without giving any notice to him. As per the provision of
unfair dismissal and wrongful dismissal protection, Calvin as a employee having a right to file
case against employer if he cancel employment without notice period. Through this process
worker is able to receive his amount which caused damages to him due to this act. According to
given scenario various rights of Calvin are as aligned below-
Receive on month notice- As a employee of the company Calvin having a right to
receive at least one month notice. Advance notice needs to prepare and send by owner of the firm
in order to provide previous information to them.
Receive one month salary- Employee having a right to receive one month advance
notice from their employers. If owner failed to do so then person having aright to file case
against him.
File case against employer- Worker having a right to file case against employer if they
dismisses him without any legal notice and on the basis of doubt only.
Receive evidence- Employers are not able to dismiss or cancel the employment of their
subordinates on the basis of doubt only without any legal or physical evidence. In the given
scenario, Donna have to generate proof against Calvin that he thief 100 pound of employer.

Case- Masini v compass group UK and Ireland Ltd., in this case it has been decided that,
both employers and employees have to follow some other substantial reason. In which both the
parties are considered as faulty. They needs to comply with fairly dismissed.
(2).
If person insured something then at the time of caused damage they have right to receive
claim name called insurance claim. But if they receive claim on that particular things then not
able to receive claim again (Sprague and Lyttle, 2010). They are bound to follow rules and
policies which are imposed on them as per provision of insurance act. On the basis of given
scenario, Kevin's father Dan owns small store which is destroyed by fire and he file claim for
insurance. But insurance company refused to accept their claim as they file claim within 2 years.
According insurance act there is no time limit to file claim.
P5. Solution for appropriate case.
On the above given cases, problems are created to one of the parties. Legal provision are
able to protect the interest of people. In first case scenario, law protect the interest of employees.
According to employment act no employer is able to dismiss their employees without provide
advance notice period of at least one month or one month advance salary (Strine Jr, 2014).
Justified reason and evidence are required for the purpose of dismiss their subordinates.
Otherwise, process is considered as unfair dismisses and wrongful dismiss. If employers this act
with any worker, then they having a right to file case against them and receive damages which
are caused to them.
TASK 4
P6. (A) Alternative Disputed Resolution process.
When courts are overburdened with varieties of cases then they incorporate resolution in
order to resolve matter of parties which is created among them. Through this process dispute
among parties is easily resolve (Scherer and Palazzo, 2011). The burden of cases of courts are
also decrease through this resolution process. But if parties file their case in ADR then they are
not able to file same case in courts or tribunals and after receiving judgement if they are not

satisfied then parties can do so. These are two types of Arbitration and Conciliation which are as
aligned below-
Arbitration- It is the legal body which is able to easily resolve matter between parties. In
which one person name called arbitrator is responsible to perform act accordingly. He provide
opportunity of being hear to both the parties. After complete hearing of matter, then they take
final decision and present his final decision on written document. The final decision of arbitrator
is called as arbitral award which bind both the parties to comply with accordingly. Arbitral award
needs to be signed by both the parties as well as mediator known as arbitrator.
Conciliation- In this legal procedure the person who resolve matter of among parties is
known as conciliator (Cross and Miller, 2011). He hear matter from both the parties and try to
understand as well. After complete hearing authority take final decision and try to conduct
settlement among them. But one of the party have to compromise their right or interest for
another party. Final decision is presented in settlement agreement which is needs to be signed by
both parties and conciliator as well.
On the basis of this legal body all parties are able to resolve their matter which is created
among them. Dispute can be resolve in easy and effective manner. These are better then other
legal system. The benefits of this resolution process is as follows-
Easily resolve- Matter which is filed in alternate resolution process which is easily
resolve in effective manner (Business Law. 2017). They have to take reasonable step which is
beneficial for both.
Less expensive- Matter which are resolve under this process are less expensive then other
legal procedure. Cheap and fast justice is provided by them. Through this process they receive
satisfaction.
Fair justice- Through this process fair and fast justice they receive which is beneficial for
the parties. The decision has been taken in interest of both and parties on which they easily
agree.
Time consuming- Alternate dispute resolution is the effective process which is less time
consuming then others such as various courts or tribunals. They provide fast services which not
take much time of parties (What Is Business Law? - Definition & Overview. 2017). Through this
reason most of the parties like to file their matter in this legal body.

Comply with rules- These legal bodies are comply with rules, regulation and policies
which are mentioned under law and imposed on them. They are bound to provide justice to their
client through follow of rules and procedure (Lan and Heracleous, 2010). Most of the legal
authorities such as courts or tribunals are not able to do so which is not enforceable by law.
P6. (B) Recommendation of alternative legal solution and comparison with other county.
ADR is the legal concept through which parties can easily resolve their matter and
receive effective solution for the same (Nielsen and Parker, 2012). In this UK law has been
defined but conduct comparison with other country's legal system such as USA. Legal system of
UK is better then legal system of USA or other country. Large number of cases are pending in
courts or tribunal but ADR easily resolve matter with fair justice and in timely manner. The legal
procedure of USA is complicated then UK. In which delayed in justice are usually happens but
not in UK's legal system.
According to given scenario, Antwon is the person who owns huge amount of investment
in a firm. Tryrell is the owner of company which is engaged in the business of making computer
software. The dispute has been arise among Antwon and Tryrell. Both parties wants to resolve
matter which is beneficial for them. They needs to maintain effective relationship among them.
They have to chose alternate dispute resolution process in order to resolve matter. Through this
both parties are able to receive effective solution (Jamali and Mirshak, 2010). Business problems
has been arise among them which can be easily resolve through ADR legal system. Court and
ADR both are able to resolve matter of parties in order to comply with rules and laws. They
punish guilty and provide special benefit to innocent person.
CONCLUSION
On the basis of above report, it has been concluded that English legal system follow
systematic legal procedure in order to provide effective solution to parties. Various types sources
of laws are work jointly and create rules or procedure which have to be follow by entire country.
Judges in courts applied common as well as statutory laws for providing justice. Government is
responsible to frame duties and rules in order to protect existing laws. Also done some
amendments in laws for maintain growth and development of them. Employers having overall
control over legal system so that they have to main equality among members and try to provide

healthy and safety environment to them. Reduce child labour and not allot hazardous work to
their women employees. Frame contract with their subordinates and try to comply with act and
perform activities according to provision of contract law. Regulation, legislation are having
impact existing of business organization. Various business related conflicts and other are easily
resolve with the help of alternate dispute resolution process.