Business Law Report: English Legal System, Employer Obligations in UK

This report provides an introduction to business law, focusing on the English legal system and employer obligations. It analyzes the structure of the English legal system, including common law, statute law, and written law, and explores various sources of law such as the constitution, European Union ...Read More

BUSINESS
LAW

INTRODUCTION
Business law deals with the creation of innovative businesses and the problem that arise
when existing companies interact with the government, other firms and public. This area of the
legislation draws on a legal disciplines variety, rational property, including impose law, sales,
failure, business law, actual estate, and others. Business constitution attorneys diversify in
transactional work. It means they do not represent customers in court. In fact, company lawyers
are often chartered for the purpose of ignoring future proceedings (Gold, Oire and Wewiorski,
2012). Business law also encompasses all the legislations that dictate how to run an industry.
This report is based on topic “Business law” and there are various factors of constitution
which can be applied by an organisation. In this report the structure which is in regards with the
English legal structure will be analysed, government's role in making law, explanation of legal
obligation and employers as well as recommendations in regards with legal obligations will be
made in this report.
SECTION 1
(A) Structure of the English legal system and different sources of laws
English legal scheme is a combination of different lawful regulations which are implied
by the fundamental law for firms respect how they should perform their activities. It includes
different laws such as Civil and Criminal law which are necessary for an industry and an
individual in the UK. Common law is important as well as major part of this system in which
judges employ statute in legal place. It is martially not defined that means judgements are
which based on previous cases similar to actual matter. In this, normal group of person as
committee that are prepare facts regarding to case. In this way magistrates make last finding on
the basis of Jury's study. The incoming law is Civil which is codified as a judicial system that is
a important part of English law of United Kingdom that is implied on business (Ihnen, 2010). As
per the Martin, (2014),says that there it is regular modify in legal norms on which decision are
take of magistrates. Along with these, there are another two laws, one is statute law, that is a

major system which must be obey rules and regulations for every enterprise. The second is
Written law which have legislative government branches and decided vote right.
Sources of law:
There are several kinds of sources which assist any organisation and an individual to
reduce conflict and cresting a healthy environment to work with smoothness. There are several
examples like administrative agencies, constitution, legislature, executives, judiciaries and
foreign enterprises. These can be determined as:1. Constitution: This is one of the main and important factors of legislation which is set by
fundamental law on an economy. It is the best source of constitution that defines three
ways like it generates power among the federal government executives and judiciary
branches.2. European Union case law: It is the most important factor of legislation which is enclosed
in Civil law (Keršuliene, Zavadskas and Turskis, 2010). These kinds of source are
utilized by justice when there are no specific legislation that is indicated not yet, so in
this way magistrates make best judgement on their own.3. Executives: In this way, president plays an important and essential role. That is highest
executives officer who handle as well as control all lawful decisions by magistrates.
There are some treaties among different parties which executed and involved different
orders that are passed by governments.4. Judiciaries: They are mainly characterized as a regime which provides the last decision
on circumstantial matter. In this way, all lawsuit are examined on the basis of countries
decision. According to these concepts, different decisions are taken as previous case in
legal place.5. International organisations: There are several factors of an internal and main sources of
legislation for example international justice court which deals in cases all over the
economy.
6. Administrative agencies: I is a medium through and in this way any dispute can be set by
different parties. There are three parties like Lower, Higher and Middle level of
management (Korn and Rosenberg, 2012). In this way government have several right as
well as power to make decision on specific matter.

(B) Role of government
As legislation is officially which is successful by parliament done voting in which
various members are proceeds their part. In this way, authorities plays an essential and vital role
and they make adjustment and meliorate in constitution. There are various stages that help in
making law. First stage, in this way bill is read by a parliament so that it can be present to every
organisation. After that, all abbreviations such as MPs discusses regarding the bill as well as lord
passes houses both are as a future process. When it is attained by committee then, in this way
different person of society take a heavy aspect to its positive as well as negative point and then
create amendments, if it is a controversial for the social welfare (Mann and Roberts, 2011).
There are communally 20 members(approx) in citizens committee. Then this kind of bill
is according to lot of the home which is reviewed by the members and made further changes.
After that, At the third time read modified bill in which debate in votes is conducted. At the end
stage, if the specified bill makes it beginning from house of common, it get passed as well as
approved to house of lords. In this way both houses should at the same time and provide
approval to the bill which is convert into the constitution. Apart form different approvals are
attained by Lords & Common law and in this way validation by Monarch is known as Royal
Assent. So, end of the approved bill become constitution which is implemented by the over all
state.
As a legal place as well as entities assist in giving fair judgements and settle conflict
among an organisation and individuals. They follow such as apply two laws like common and
statuary legislation. Common law is a cases that is implied by governments on the basis of
precedents and previous cases like, if there is fire damage cases at workplaces, regarding to these
cases magistrates make their decision in the related to past lawsuit related to very matter. The
other law is Statute legislation which is applied by legal place such as court, it is also known as
written constitution. For example, federal as well as state legal authorities pass regulation with
the support of law power (Martin, 2014). This kinds of constitution is very useful when there is
different major problems which are faced immediate and citizens committees. They need for
strict regulations and rule which are determine by legal system in UK.
(DiMatteo, 2010). Both of the legislation are used by the government such as authorised person
with boundaries. There are several difference between statute and common law are as follows:

Basis of difference Statute Law Common Law
Issue regarding new norms as
law
These kids of constitution are
passed as well as implied by
all legal authority agencies
whether at higher, small and
lower management.
These law also define as a
compulsory legislations which
is issued by legal place such as
courts where magistrates are
make the decision for the
specific matter.
Operations level in
constitution
Under these type of law is
directed by substantive manner
in which various persons have
independent power to take
decision and decide (Gold,
Oire and Wewiorski, 2012).
Common constitution is
launched as per the set activity
which is followed by legal
place and its magistrates.
Another name Under these kind of legislation
also known as written
constitution as an official bill
which is issued and passed by
house of loads as well as
parliament.
These law is also known as
case legislation which is based
on precedents.
Nature of law These legislation nature is a
prescriptive and it will direct
by government as well as
decides how to imply
legislation on social.
These kind of law is instructive
in their nature. In this way
magistrates provide instruction
regarding judgements.
Basic root Statute constitution is mainly
developed by government.
Common law has daring from
of previous cases and legal
decision which is made in legal
place.

Section 2
(A)Explanation of employers and legal obligations related some aspects
It is an essentials as well as main part of an economy, every businesses and enterprises
must adapt all legal recruitments which are important and needed to direct company with
smoothness. Different kinds of law provides protection for many workers at workplace as they
are known as main assets to firm (Ewing and Hendy Qc, 2012). There are many fields in which
lawful system is purely applying different norms to sustain security as well as decorum of
workers. There are several examples like workers compensation, healthy & safety, harassments
and equal opportunities. These are characterized as follows:
Occupational healthy & safety: According to system of English Law in United Kingdom, in this
way different workers and business must look after the environment of working and make sure
that there is secure equipments which is used by an employees. It is very important and
necessary because they not provide harmful condition to workers health and safety. For both
physical ans mental health of workers (Ihnen, 2010) . Apart form this, enterprise should conduct
on the regular basis of controlling of scheme so that uncertainty and any hazard of harm can be
perceived on period and it will get injured in future.
Workers compensation: According to this, there is any injury that is noticed to employee at their
work then the industry or manager will be capable and answerable to earnings compensation to
employees, which will bear to him or her in future. Manger have different responsibilities to
provide medical facilities to workers by all organisation in UK.
Harassment: As per the lawful condition, the manager such as employer should make secure
that no discrimination is practices about the employees sex, age, colour, lifestyle and religion
which can complete the standard and moral of that employees.
Equal Opportunities: It is a other obligation for the manger as per the constitution, in this way
employer must be give same rights as well as responsibilities to staff members without any
opinion. For the example, employer make certain that same skilled as well as qualified person
whether it is male and female.
(B) Relevant employment law and their impact on enterprise
According to H&S act 1974, according to this all workers must give safe and secured
condition in business. It is main and essential roles and duty of manager and worker both are

working over there. According to the case study, working girl she has their legal age of 16 which
is unofficially a lawful age and as girl was doing her work as well as task without any obscure
intention which is get hurt. It is a leader such as employer role and responsibilities to protect
them form any danger and unhealthy condition (Keršuliene, Zavadskas and Turskis, 2010). As
per the UK legislation, the concern will be accountable to compensate girl look upon her surgical
situation. In this an impressive illustration can be taken which is same to these case. The cases of
Anderson V Thiess Pty Ltd,(2014) FWC 6568, regarding to this cases mention person was like
Thiess Pty Limited company. In this way who was dismissed his job respect to causing physics
mail that was abusive for Islamic faith. But the judgement such as legal opinion was support in
aid of above person as there was no in writing communication such as warning that are give by
business to he or she and they was not provide accidental to apologies and interpret that it was
serous evaluate the mistake.
Section 3
P4 Proposal of proper legal solution for business problems
Unfair dismissal: It is a critical relation of labour constitution of UK which is protect the
any workers from any in-legal justification from employment. As per the occupation right act of
UK, in this way company can terminate its workers without giving valid and legal faculty which
must be supported on his capabilities to do work.
Regarding to several legislation that each and every workers as well as an industry which
are responsible to provide termination notice to their staff at appropriate period. Incident
numbers which can be take critical place in order to boost work surround. So it is very important
to reduce the several issues and obstacles which are present in the case study. Employment act,
which is essential to serve warning to their candidates.
Reinstatement: With the support of this, court provide their judgements regarding to employees
right. But some time they not take proper decision so in this each and every person need and
want to attend the organisation as well never.
Precise to get wages: Concluded workers have different right one is to get proper wages of
single month.
Regarding the lawful scheme of United Kingdom, the basic cases of Calvin and their
leader is Donna that was did not do right to behaviour as adult female within positive regarding

other workers at the same time. According to case study, there are a fashion house and they
should not follow all legal norms and should have provide best opportunities to Calvin (Korn and
Rosenberg, 2012). In this way they put girl side of story and research such as investigate
employees work at the equal theft time. So , in this case, Calvin has to several rights to claim
for compensation, so they take back their job with the reason of dignity. Second case solution:
As per the law, there is Mr. Dan and they has some right to claim for the compensation situation
for fire harm as his store is insurance company which does not want to damage its image in
marketplace. So , according to the case Mr, Dan can fire a content in written way and they have
right to claim for money in the lawsuit of security. In this way industry might pay half to him.
P5 Justification for the mentioned solution for the both situation
There are different misunderstanding which is arise in the organisation as well as both
parties. With the use of various kind of rules and regulation, manager can reduce to solve all
conflict in a systematic manner.
Situation first: In this case Calvin is specialize working or functioning for a big fashion
house. In this , Calvin has dismissed for their line of work without any juristic justification which
is given by manager (Mann and Roberts, 2011). As per the employment act 1996, enterprise can
not reject and dismiss any workers from their job. So it is define if there is no proper research if
proof of that crime of particular offence. In this case, there was no inquiry and not there was
solid proof to prove that Calvin is a culprit. So, on the basis of this scenario, Calvin can secure
and sure his manger so they right to claim for compensation, it is a wrongful act. Compensation
define as a money and other thinks. The other decision is that employer of fashion house can
have determined regarding Calvin and they can get their job. In this way he can not get valid
decision in exchange in incorrect act with him. As without any notice, leader of the fashion
house can not modify him on basis of this incident.
Situation second: In this case, Lorga Experts in an insurance company in which minor fir
damage was held and they rejected the claim amount. But the uninsured managed to achieve
additional money. So, these lawful statement have their large effect on business. As per
condition of insurance act ,2015, there is no necessary information regarding to claim for fire
damage. So the person of Mr Dan was right to claim for remuneration which is depend on
intensity of store damage (Martin, 2014). Thus, there are many impact of those lawful solution.

Positive impact is can get dishonest workers that can sure the business in case of unfair
dismissal.
Advantages of both person can be identified by the different points which are as follows:
 Recruiting of knowledgable lawyers will provide best decision in order to boost cost of
their fees.
 Selecting legal place for put the assertion will devour period according to the case study
persons to wait fore longer period.
Section 4
(A) Concept and benefits of using alternative dispute resolution process
This is the useful part of business legislation which assist is setting conflict between both
parties such as person and company without any judicial actions. This plays as mediator,
negotiator and arbitrator so these parties can acquire justified verdict. There are some benefits of
this situation to company can settle their lawful matter without disturbing their knowledgeable
term with each other. Some benefits are as follows:
 Alternative situation of conflict and their resolution process is cost impressive in relation
to judiciary process which required money to lawyers in court.
 This process maintain whole matters in a confidential unlike legal place governance
whether matter are discussed in social community.
 This activities give chance to different parties to arrange treated to whom they can tell all
case in details (Rasch and Tsebelis, 2013).
 It produces quickly result and enough flexibility to get finding of fact.
These phase which are determined by the both persons. There are different advantages of this
methods are as follows:
 Give some payment to recruiting and best lawyer in order to complete lawful formalities.
 Support in analysing effectual results within disclosing the lawful meter in different
place.
(B) Recommendation of an alternative legal solution
As per the both cases such as Tyrell and Antwon, the suggestion for them and they can
not follow United Kingdom constitution. In this way they can use different mediation method in
which individual is appointed by third separate entity and they analysis the all situation to the

reason of dispute (Resnik, 2014). After getting necessary information, in this way he support
both organisation to come on mutual statement which is unenforceable as per the lawful system.
So, Antwon would to take his investment funds back and start new business.
As per the other recommendation related to the UK process, as per the Korn and
Rosenberg, (2012), says as a united states law ans arbitration is a best kind of legal solution in
which different parties appoint an individual who has monitor to take best judgements as per the
agreement in this way both people are sign their consent. It is a best method to solve the conflict
and misunderstanding between both person according to the case. It would maintain relevant
information and sustain privacy of their necessary information. In this way final judgements take
by the Arbitration with accuracy, so both parties mentioned in these case and they can use this
legal solution to separate and sustain their working relationship with each other (Southey, 2010).
with the use of disjunctive results above parties can be welfare so there are different benefits
which are as follows:
 It will support in sustaining relations among the organisation
 It will also help in analysing better issue to solutions.
 It will save money as well as time of the both persons.
 Reduce favouritism between different people during the period of taking judgements.
CONCLUSION
As per the above mentioned, it can be concluded that legislation is inseparable part of any
company as it support to sustain its functions with smoothness. Alternative conflict and their
solution process which is adopted by business and help in sustaining relationship between
partners and put their matter in a long period. There are various difficulties in running business
like theft doubt as well as fire damage. It gives protection to workers of firm in case of any harm
and they acquire while working. In this way an industry will be responsible to pay all revenues
and expenses so that particular people for any consequences.