Business Law 1: Legal Systems, Business Impact, and Legal Solutions

This business law report delves into the nature of legal systems, focusing on the English legal system's structure, including criminal and civil divisions, and its sources, such as European law, case laws, and legislation. It examines the legislative process and the role of the EU. The report further analyzes the impact of law on business organizations, specifically addressing occupational health and safety, workers' compensation, harassment, and equal opportunities, using a case study involving employment and contract law. It also explores legal solutions to business problems like unfair dismissal, providing potential remedies and discussing alternative dispute resolution methods such as conciliation, mediation, and arbitration, along with their advantages and disadvantages. The report concludes by recommending appropriate legal solutions based on alternative legal advice, emphasizing the importance of understanding the strengths and weaknesses of each ADR method.

Business law
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Table of Contents
Introduction......................................................................................................................................4
Section 1- Nature of legal systems..................................................................................................5
P1.................................................................................................................................................5
P2.................................................................................................................................................7
M1................................................................................................................................................8
D1................................................................................................................................................8
Section 2- Impact of the law on business organisation....................................................................9
P3.................................................................................................................................................9
M2..............................................................................................................................................10
Section 3- Legal solutions to business problems...........................................................................12
P4...............................................................................................................................................12
P5...............................................................................................................................................13
M3..............................................................................................................................................13
D2..............................................................................................................................................14
Section 4 - Recommending appropriate legal solutions based upon alternative legal advice.......15
P6...............................................................................................................................................15
M4..............................................................................................................................................17
D2..............................................................................................................................................17
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Conclusion.....................................................................................................................................18
References......................................................................................................................................19
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Introduction
Law is a form of directions of the conduct of binding legal force that is accepted, approved,
enforced by the authority. The English legal system consists of the civil and criminal division. In
this report it discusses the term law, and purpose of the law. English legal system is structured by
the hierarchy of court that has their jurisdiction. This system is based on the sources of law. This
report describes the different regulations, legislation and their applicability. It also discusses the
law such as contract law, employment law and provides the solution for the case. It also
discusses the various methods of ADR such as conciliation, mediation, arbitration and provides
the solution to parties.
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Section 1- Nature of legal systems
P1
Law is a scheme of instructions that are formed and imposed through administrations to regulate
the behavior. English legal system is governed by the England and Wales and consists of
criminal and civil law.
Structure
The English legal system includes the two division criminal and civil division. The Supreme
Court is the highest court of appeal.
Criminal division
The criminal division divides into three courts, the courts of appeal, perceives the appeal from
the crown court. It is the highest court within the senior courts of Wales and England. Crown
court deals with the criminal case and hears the trials of the indictment and perceives the appeal
from magistrate court. Magistrate court is the lower court, in which criminal proceedings
initiated
Civil division
The civil division deals with the civil matters. It consists of a court of appeal that includes the
queen’s court, chancery court and family court. The queen bench handles the matter of
negligence, personal injury and has jurisdiction over subordinate courts. The chancery court
followed rules to avoid the pace of change and harshness of common law. The family court deals
with the matter of divorce and marriage. Court of appeal perceives the decisions from the highest
court and another court which includes the administrative court. It also perceives the appeal from
various courts. The civil division includes the county courts and based on the process of
jurisdictions (Genn, 2012).
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Supreme Court
Criminal
Court of Appeal
Crown court
Magistrate court
Civil
Court of Appeal
High court of Justice
County Courts

Sources
The English legal system divides into two sources primary and secondary sources.
Primary: It consists the European law, case laws and legislation enacted made by parliament.
 European law: It is a system of guidelines working with the member states of European
Union. It is divided into primary and secondary legislation. Primary are the rules for EU
action. Secondary includes the principles, directions and conclusions that derived from
the aims and doctrines that are set out in agreements.
 Case laws: It is set of decisions by court and committees to meet the authority called
precedent. Court decides the law on the case by inferring statutes and applying instances.
A declaration of law made by a justice in a case can become essential on the judges and
become law to follow by everyone.
 Legislation: It is the law passed by the legislature or the process of making it. Legislation
helps to regulate, authorize, grant and declare the law.
Secondary: It includes the textbooks, parliamentary and non-parliamentary documents, law
journals and commentaries on law.
 Law journals: These are the abstracts with full publication details are articles are
provided in the full text.
 Legal Encyclopaedia: It is set of articles on the legal topic and arranged in proper and
alphabetical manner.
 Textbooks: These are the coaching of the study and shaped according to the demands of
institutions.
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P2
A draft is scheduled law that is presented into the legislature. Once a bill has been discussed and
permitted by the house of parliament and established an agreement, it becomes the law and
recognized as act.
A bill is passed by a house of parliament and undergo into four stages:
 First reading: In this phase of first reading, the draft arrives at this stage.
 Second reading: In this phase, the aim and objective of the bill are discussed. The
discussion was done on the main principles of the bill.
 Committee stage: In the House of Commons, it is approved by the committee of MP’s
that reflects the power of parties. In the House of Lords, this stage will take place in the
chamber or in the place of Westminster.
 Third reading: In the house of common, discussion of the bill takes place after the
report. In the House of Lords assessment takes place on the next day and changes can be
scheduled.
Role of EU
The EU is a unique administration in that member states have set the associations to which they
delegate some of their power so that results on specific matters of joint concern can be made
fairly at European level. The parting of UK from the European Union after 40 years leaves a hole
in the worlds’ major fiscal and radical union.
Statutory and common law
The statutory law is to describe the written laws, enacted by the law-making body. It can vary
from administrative or regulatory that is approved by the administrative agencies. Common law
is created by the decisions of the prior court. The statutory law also is known as the written law
and common law as precedent (Diffen, 2018).
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M1
Law is legally recognized as necessary or prescribed by a controlling authority. It is the whole
body of practices, customs and rules. English legal system is governed by the wales and England
and includes the civil and criminal division. The society is dynamic in nature and law is required
at each and every stage. Law helps to regulate the conduct and behavior of the individual. The
law reform is a wide concept and consists of changes, like a change in the social values that
describes the customs; beliefs are changing according to the requirement of society. The
technology must be advanced that can be benefited for the judges. Technology provides the
facilities such as internet site and helps the judges to provide the decisions. It is less expensive
and flexible (Barnard, 2012).
D1
English legal system constitutes of civil and criminal law. It is governed by the England and
Wales. It can evaluate the positive and negative effects. Positive effects are such that this system
helps to provide the fairness and justice and decided on the basis of previous cases. It is also a
flexible method as the judges are able to develop and update the law according to the needs of
the society. It has negative effects such as this system is uncertain as the cases can be uncertain
until the appeal is made. This system is complex as it has separate judgments that can differ from
each other.
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Section 2- Impact of the law on business organisation
P3
a.
Occupational Health and safety: In this both employer and worker have the responsibility for
safety and health at the workplace. The employers are responsible for developing the safe work
practices, and provide training to the employees. The Health and Safety Act, 1974 provides the
safe and healthy work environment at the workplace.
Workers Compensation: It is the form of assurance that provides the wage replacement and
other aids to employees wounded at the workplace. The worker's compensation includes the lost
wages, medical benefits, vocational rehabilitation. The Workmen Compensation Act 1897,
which served the purpose of no cost to the administration as reimbursement was paid by the
insurance which employers are required to take out.
Harassment: It is the intimidating conduct directed at an individual worker or a group of
workers. The law related to harassment is Sexual Harassment of Women at Workplace Act,
2013. This seeks to safeguard women from sexual annoyance at the workplace and prevents the
complaints of harassment matter.
Equal opportunities: The legislation related to Equal opportunities is The Equality Act 2010,
which provides the simple, reliable and effective agenda for preventing discernment. There will
be no discrimination on the grounds of age, sex, caste, religion or belief (Legal service India,
2017).
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b.
This case was dealt with the employment law and contract law. The facts of the case are such in
which a minor girl employed at a fast food outlet. She performed the work of cooking fries at a
boiling range and glided on water from ice- making appliance and injured her hand.
Unfortunately her hand went in too deep fry fat that consists of hot oil at a temperature of 360 F
and burned. The team was not performing at that time on tills.
According to the problem it was asserted that, the girl should perform that type of work in which
she feels safe. She can perform the work according to her age and capability. It is the duty of the
manager to provide the directions and guidelines to their employees so that they can handle the
matter in an easy way. The legislation of Health and Safety Act, 1974 applies here which state
the duty on owners to certify the health, safety and welfare of workers. Training is provided to
the employees so that they can perform in the workplace. This case also involved the provision
of contract law, which states that a minor cannot enter in to contract; in this a girl was minor so
she is not allowed to make a contract. It is void or illegal. According to employment law, it is the
duty of the owner to provide the compensation and medical benefits to the employee. (Beatty, et.
al., 2018)
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M2
There are various regulations and legislation that help to govern the business. The above scenario
deals with the Health and safety at work, 1974 and Workers compensation act.
Health and Safety Act, 1974: This act defines the duties of owners, employees and material for
use at work in the place and those who manages and maintains them. The main objective of this
act is to secure the safety, health and welfare at the place of work. It also protects the persons
against risks to safety and health. In the above case, it is the duty of the owner to provide the
better and non-toxic environment to the girl, so that she can work in the better environment.
Workers compensation: It is the scheme of procedures in every state which are considered to
pay the incidentals of employees who are injured while execution of the duties. It is the
insurance that provides the welfares and medical care that are injured. The Workmen
Compensation Act 1897, which served the purpose of no cost to the administration as
reimbursement was paid by the insurance which employers are required to take out (Hg.org,
2018).
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