Business Law Report: English Legal System, Impact, and Solutions

This business law report provides an overview of the English legal system, including its structure and sources of law, such as case law, EU law, legislation, and human rights law. It details the role of the government in law-making, outlining the steps involved in creating legislation. The report examines the impact of law on business organizations, specifically focusing on employers' legal obligations related to health and safety, worker's compensation, harassment, and equal opportunity. It also explores the relevance of employment and contract law. Furthermore, the report presents legal solutions for given case scenarios, including wrongful dismissal and insurance claims, providing justifications based on relevant legislation like the Employment Act and the Equality Act 2010. The report also includes an idea and benefits of using alternative dispute resolution process and recommended legal solution to the business problem.

Business law

Contents
INTRODUCTION...........................................................................................................................1
Section 1- Nature of legal system....................................................................................................1
a) Structure of legal system and different sources of laws that organization must comply with 1
P2 Role of government in law making and applying common and statutory law in justice
courts............................................................................................................................................2
Section 2 – Impact of the law on business organisations.................................................................3
P3 a) Employers’ legal obligations..............................................................................................3
P3 (b) Relevance of employment and contract law.....................................................................4
SECTION 3......................................................................................................................................4
P4 Legal solutions for given case scenarios................................................................................4
P5 Providing justification for the solutions.................................................................................5
Section 4...........................................................................................................................................6
P6 A. Idea and benefits of using alternative dispute resolution process......................................6
P6 B. Recommended legal solution to the business problem......................................................7
CONCLUSION................................................................................................................................8
REFERENCES................................................................................................................................9

INTRODUCTION
Business law is determine to be the body of law that is governs commerce and business.
Further, it is considered to be a branch of civil deals and law that consist of public and private
law (Bodie, Kane and Marcus, 2014). There is different type of business operations that has to be
performed and with the help of business law it allows the firm to run their functions in
systematic manner. This report covers the structure of the English legal system and sources of
laws that firms need to comply. Further, it also covers the role of government in law making.
Lastly, it also provides legal solutions as per business problems provided.
Section 1- Nature of legal system
a) Structure of legal system and different sources of laws that organization must comply with
At Wales and England, English legal system is followed. This consist of civil and
criminal law. People who are sitting at court who are known as judges are involved in
developing law. Among all these Supreme Court is considered to be the highest appellate of UK.
Further, it is also determined to be major European legal system. Below given are the main
classifications of English law:
Civil law: This is determined to be the disputes in parties like employees and employers,
consumer and suppliers, etc. As per this law, the parties when found guilty, then they have to pay
for the damages to innocent party (Cameron, 2017). Further, it consists of torts like nuisance,
breach of contract, defamation and negligence.
Criminal law: This is related with crimes and offences in society. Further, it is based on
the assumptions that are done by state. In order to prevent activities like crime, criminal is
punished so the rate of such activities can be reduced. These deal with constituents like Crown
Court, Magistrate Courts, Court of Appeal and Criminal law.
There are law making process that is undertaken by parliament as they are the supreme
authority. Below given are principle sources of UK law:
Case law: Laws are made based on the conditions that affect the statues. Interpretations if
made by the law that is sanctioned by parliament. Further, it pin point the errors and unclear
languages that occurs in forming statute (Foss and Knudsen, 2013). Proper interpretation should
be make for the given provision as decisions are taken by court based on it.
European Union law: UK is the member of EU and so that law that is considered in EU
are the UK law. It is important to follow provision of ECJ (Justice of European Union).
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Legislation: It is formed when MP brings the bill to parliament that can affect public.
Further, it includes private bills that affect particular type of person or locality. These are brought
up by non government MPs. It is the House of Lords were necessary amendments are made.
When royal assent is received, then it becomes a part of law. For example, Insolvency Act 1986
(Kinicki and Kreitner, 2012).
Human rights Law: Human rights act 1998 is helpful for the court of UK to provide
proper protection to rights of human that were identified in ECHR (European Convention of
Human Rights).
P2 Role of government in law making and applying common and statutory law in justice courts
In the process of law making government plays vital role. Bills are bought by MPs of
government and they aim at converting into law. Below given are the steps involved in the
process of law making:
Emergence of an issue: There are different types of political parties that fight in election
(Park, 2012). When they make them government, then they aim at fulfilling the promises that
were made by them at the time of election.
Addressing the issue: When problems are identified, then steps are taken to overcome
them. Further, it consists of laws that are based in taxation, education, health, etc.
People interested are consulted: It is important to consider feasibility and proposal with
experts, people and interested groups. On a green paper, they are asked to comment on proposal.
Cabinet ministers need to agree with proposal: It is important for government minister to
persuade cabinet ministers to provide their approval (Smith and Malloy, 2013). This way, they
are able to extend it as a bill in the parliament.
Proposals are converted into bill: When proper interaction is make with all people
involved. Professional lawyers are involved who convert the proposal into detailed legislation.
Bill comes into scrutiny: Consideration is made by house of parliament for proposal
introduced by the government. Then the proposal is converted into bill and it is to be approved
by both peers and MPs in House of Lords.
This way, it can be stated that role of government is highly important for generating the
idea and taking up appropriate action to overcome them. Common laws approved by courts,
tribunals and judges (Snyder and Deaux, 2012). When decisions are taken on the previous
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situation, then previously taken decisions are also taken in the current case. For statutory law,
based on statutes court take the decisions. Various ordinances and laws are passed by state and
federal government.
Section 2 – Impact of the law on business organisations
P3 a) Employers’ legal obligations
There are different types of obligations for employers towards employees and they are as
follows:
i) Occupational health and safety: It is important for the employers and it is their duty
to make sure that proper health and safety is delivered to employees. Further,
employees should be kept in protected environment (King and Raja, 2013). Safe
environment should be delivered in which they are able to perform their work with
full efficiency. In addition to this, it is the legal duty to make sure that employer
follow guidelines that are issues by government in health and Safety information for
workers.
ii) Workers compensation: Workers should be provided with some remuneration
irrespective of sex, colour, caste, etc. Compensations or wages should be provided as
per the amount of work they perform. Insurance and medical benefits should be
provided to workers.
iii) Harassment: It requires to have stringent rules in relation with sexual harassment. All
workers within the business should be treated equally and should not be discriminated
on any basis (Hammond, 2012). In this context, it includes Equality act 2010 that
focus on delivering equal importance for both male and female.
iv) Equal opportunity: All workers within the organization should be provided with
equal opportunities. There are wrong perception that are developed by people in
which male workers are considered to be more hard working and for physical aspects
when compared with women workers. However, it is important that both male and
female are provided with equal opportunity (Fassin and Buelens, 2011). Further, they
should be provided with fair access to benefits like disability, insurance,
compensation, job responsibilities, promotions, accommodations, etc.
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P3 (b) Relevance of employment and contract law
In accordance with the case, 16 year old was tragically burned in accident which took
place at fast food outlet. When the accident took place, they were under staffed and this caused
the accident to take place. Main cause of the accident was due to negligence of tem leader as he
was busy in compensation of duties. The 16 year old girl was a minor to work in kitchen staff. it
is the responsibility of firm to make sure complete the working of staffs.
The case provides information that obligation of health and safety took place. It is
important as per low that proper safety is provided to 16 year old. Further, there is a clear
violation of this act. Girl can sue for the compensatory damages that are caused to her at work
place (Trevino and Nelson, 2016). In addition to this, she can also sue the firm for punitive
damages as per section 257 of workers compensation act. Due to lack of security and negligence
of team leader. Further, company is also liable to fulfil their understaffing problem so that in
future there are not accidents caused. Moreover, penalties can be imposed on company because
of negligence of duties and due to non-availability of security and facilities. As per the law,
employers is liable for all type of accidents that are caused within the organization provided
proper steps are not considered by them. All the hazards should be eliminated that may cause
death or accidents. Further, the working environment should be safe and free from all type of
harm that can be faced by workers (Kinicki and Kreitner, 2012). When these are not properly
considered, then employees have the right to claim for the damages that are caused to them.
SECTION 3
P4 Legal solutions for given case scenarios
In accordance with the case, without any notice Calvin’s dismissal. In fashion house, she
was working since 4 years. The amount was withdrawn from petty cash box she was dismissed.
It is the right of employees to get a proper notice, when it is not done, then he/she can sue the
employer. Further, it is not even important to have one year experience in the organization. As
per the case, the act performed by the employers was legal but the performance of dismissal was
illegal (Foss and Knudsen, 2013). This happened because right type of notice was not provided
to employee. It requires to have proper reason to be provided to employees for leaving the firm.
Further, certain period of time is to be provided before resignation is given. In the case, Calvin
was not given by reason so he can sue the employer on basis of unfair dismissal.
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Further, the second scenario states that a convenience store of Kevin’s father got
destroyed in fire. Kevin applied for claiming insurance but is was stated that claim for fire as not
availed in last two years. Meanwhile he also opened up new store at different location and
unfortunately that also caught fire. The company refused to pay the claim made.
From this, it can be stated that the first store was in the name of Kevin’s father and other
store was in the name of Kevin himself. The insurance firm would have checked details when
policy was sold to Kevin. The claim that was taken by his father can not be claimed by his son.
This way, Kevin should be provided with the claim for the accident that occurred.
P5 Providing justification for the solutions
In accordance with wrongful and unlawful dismissal under employment act of UK.
Termination should not be made under employment contract without prior notice. Below given is
the requirement that has to be covered in unfair dismissal:
 When there are not fair reason of dismissal given
 When the matter is dealt unfairly.
As per the case given, employee has the right to sue employer. In the act of parliament it is a
statutory right that has been breached by employer. In addition to this, this is also breach of
Equality act 2010 (Cameron, 2017). It is the responsibility of employer to provide reasonable
working environment to workers. This type of treatment was not given to Calvin. This way, it
can be stated that he has the right to sue the employer for unethical behaviour that was faced by
him. Proper considerations should be made in which analysis is done for the information that
is provided by the client. After the age of 18 it is the entity of father is different from son. Both
the person is different in front of law. Son has the right to opt for the second fire that occurred in
the store. Rules issues by the government were not followed by the insurer (Bodie, Kane and
Marcus, 2014). Further, this is a breach of contract that has happened and the insurer can be
terminated for this act. Moreover, there are misrepresentations of information carried out by
insurance company that has caused the breach of contract. This way, it can be stated that
individuals in the case can claim for the damages that has caused to them from the accident
occurred to their store.
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Section 4
P6 A. Idea and benefits of using alternative dispute resolution process
Alternative dispute resolution process is considered as a group of processes that helps in
resolving various issues, conflicts and disputes even without including any trial. Various
processes can be involved in the same such as arbitration, evaluation, mediation etc. There are
various ways by which it helps in resolving the issues and they prove quite beneficial as well.
These are discussed as under :
 Fast results : ADR can actually involve the process in a way that there can be
interventions on the litigation process and that too can make the whole process more
swift and smooth. It can be scheduled at any time, so there is no issue about the delay of
the situation or its factors.
 Confidentiality : The whole process of alternative dispute resolution provides much
safety and security to all the process included along with the information and data about
all the members included. If the processes such as arbitration or mediation are being
involved, in such cases, no data about the negotiation is made available (Trevino and
Nelson, 2016).
 Neutrality : It means staying neutral to every person involved because by this way, all the
members stay happy and focused towards their work. In organization, where there is a
sort of discrimination, it leads to more and more conflicts because it is not allowed at all.
AS per the Equality act 2010, it has been stated that there should be no sort of
discrimination in any organization, whether it is on the basis of co lour, gender, age etc.
Also, if anyone involved in the same may have to be go under penalties and punishments.
Also, can be sentenced to imprisonment.
 The complete procedure is very less costly and easy to be implemented. Also, it is quite
faster as well when being compared to the other processes.
 The resolutions can be reached in a very shorter duration but there is a small restriction in
this that it cannot happen in only one situation when the specific process is in trial, it is
because in that condition, it is not possible at all.
 The whole process is completely informal, so all the operations are being done
informally. Nothing is continues as in formal manner. So, it cannot be considered as a
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tough process to do. It has simpler steps to follow which can make the whole process
easy and smooth enough to be implemented.
 It provides confidentiality, whether it is about the process or about the data. It has a
special factor of providing security and safety to all the processes involved along with the
information about the members (Kinicki and Kreitner, 2012). So the alternative dispute
resolution process can be involved in a very efficient way and can provide much benefits
to the organization as well. So, it can be considered as an efficient and appropriate option
to be involved.
P6 B. Recommended legal solution to the business problem
Antwon has a dispute with Tyrell who is the supplier of the software's, the company of
Antwon make use of for predicting the market conditions in the future. They have not reached to
any conclusion regarding the conflict between the both because if seen on the other side, both er
beneficial for each one. Antwon needs the software's which Tyrell company make and in
response to that, Tyrell receives a good amount which is being paid by the Antwon as a cost of
the software's. So, it is better if they both resolve the dispute and try to continue on their
business. This can be achieved by the following methods :
 Interact with each other : They both can communicate in a very efficient way with each
other for once because it will help them to discuss about all the issues that become the
actual reason for their conflict and then, after discussing, they can decide on resolving the
issue at that time only because if their disputes goes for a longer time, it can affect the
business of both because both the companies are dependent of each other. So, if their
dispute increases, it can affect the productivity of both the productions.
 Addressing the matter soon : By this way, when they will communicate on the matter,
then only they can be able to resolve the issue, otherwise, it is very hard to resolve the
issue. So, for that it is important that both these parties address the issue as soon as they
can because then only, they can resolve it (Snyder and Deaux, 2012). Otherwise, it can
stay continued and will increase the issues more which is not beneficial for both the
parties because directly or indirectly, both are dependent of each other. Antwon
purchases the software that are being developed by Tyrell and in response to that, Tyrell
receives a huge amount for those software's that are being paid by Antwon.
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CONCLUSION
It can be concluded from the report that there is a huge importance of the English legal
system in any work place. Various laws have been made by the government in order to provide
some sort of support and care to the people for their comfort and safety. So, the government has
developed a wide range of laws and legislation's. Also, a keen monitoring is also being done in
order to check the outcomes of the laws. It is the responsibility of the employer to provide care to
all the employees of the organization. Alternative dispute resolution process has also been
included along with its benefits on the organization and recommended solutions have been also
addressed in the specified case studies.
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REFERENCES
Books and Journals
Bodie, Z., Kane, A. and Marcus, A. J., 2014. Investments, 10e. McGraw-Hill Education.
Cameron, P., 2017. International Energy Investment Law: The Pursuit of Stability. OUP
Catalogue.
Foss, N. J. and Knudsen, C. eds., 2013. Towards a competence theory of the firm (Vol. 2).
Routledge.
Kinicki, A. and Kreitner, R., 2012. Organizational behavior: Key concepts, skills & best
practices. McGraw-Hill Irwin.
Park, W. W., 2012. Arbitration of international business disputes: studies in law and practice.
OUP Oxford.
Smith, J. and Malloy, R. P., 2013. Real Estate Transactions: Problems, Cases, and Materials.
Wolters Kluwer Law & Business.
Snyder, M. and Deaux, K., 2012. Personality and social psychology. In The Oxford handbook of
personality and social psychology.
King, N. J. and Raja, V. T., 2013. What do they really know about me in the cloud? A
comparative law perspective on protecting privacy and security of sensitive consumer
data. American Business Law Journal, 50(2), pp.413-482.
Hammond, K. J., 2012. Case-based planning: Viewing planning as a memory task. Elsevier.
Fassin, Y. and Buelens, M., 2011. The hypocrisy-sincerity continuum in corporate
communication and decision making: A model of corporate social responsibility and
business ethics practices. Management Decision, 49(4), pp.586-600.
Trevino, L. K. and Nelson, K. A., 2016. Managing business ethics: Straight talk about how to do
it right. John Wiley & Sons.
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