Business Law: UK Legal System, Business Regulations & Case Studies

This business law assignment provides a comprehensive overview of the UK's legal system, including its structure, the roles of Parliament, government, judges, solicitors, and barristers, and the sources of law. It discusses the impact of laws such as the Occupational Safety and Health Act, Workers Compensation Act, Equality Act, and Protection from Harassment Act on business organizations, using case studies to illustrate practical applications. The report also addresses legal solutions to business problems, such as unfair dismissal and misrepresentation in insurance claims, recommending appropriate legal actions based on alternative legal advice. The document emphasizes the responsibilities of employers in ensuring employee safety, welfare, and equality, and highlights the importance of compliance with relevant legislation to avoid legal liabilities. Desklib provides a platform to access this and similar solved assignments.

Business law
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Table of Contents
Introduction................................................................................................................................3
Section 1.....................................................................................................................................4
Nature of legal systems..............................................................................................................4
Section 2.....................................................................................................................................8
Impact of the law on business organizations..............................................................................8
Section 3...................................................................................................................................11
Legal solutions to business problems.......................................................................................11
Section 4...................................................................................................................................15
Recommending appropriate legal solutions based upon alternative legal advice....................15
Conclusion................................................................................................................................19
References................................................................................................................................20
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Introduction
This assignment of business law provides the description of the legal system of the country.
The law is formed by the legislation of parliament, government of the country, judiciary and
the crown. The house of commons and lords and decision of queen is important to pass the
judgement. The several reforms are also taking place in the country which is used in the
corporation and business organisation. The regulations of the worker's compensation,
occupational safety and health, equality act, protection from harassment act; unfair dismissal
act etc. will be described with the analysis of certain case studies. The roles and
responsibilities of the employer will also be explained during the employment. The
alternative dispute resolution process will be used in some cases.
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Section 1
Nature of legal systems
P1.
Structure: The court system of United Kingdom is divided into certain levels. The Supreme
Court is the topmost hierarchy of the court which decision is binding on the lower court of
the country. The nest one is a court of appeal, high court, country court, crown court and the
last in the hierarchy is magistrates and tribunals service (Partington, 2016).
Role of judges, solicitors and Barristers: Judges and solicitors have to be qualified in legal
terms. N case of giving advice solicitors and judges both plays an active role. Judges will
advise the jury on the law and related evidence to the case. Solicitors provide the advice to
clients on legal issues and chances to make the case successful. Barristers are allowed in a
high court, crown court and magistrate court, he is advised by people and solicitors.
Sources of law:
Primary sources: It includes case laws decided by courts, parliament legislation, and the law
of Europe.
Secondary sources: It includes legal encyclopaedias, journals of the law, textbooks and
parliamentary and non - parliamentary documents and records.
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P2.
Parliament and Government play an active role in lawmaking and enactment of new laws.
New bills are framed by the House of Lords and Member of Parliament. The working of both
the houses, House of Commons and House of Lords are different in making the bills but same
at the examination stage. Bills become the laws after the permission of both the houses of the
legal system. In two cases permission is not taken, one is public expenditure and another one
is taxation purpose (Haigh, 2015).
Stages of bills:
First reading: Bill arrives and started.
Second reading: Purpose and issues related to the bills are discussed.
Committee stage: Scrutiny is made and does some required changes.
Report stage: Evaluation is made related to the changes and take the opinion of made
changes or not.
Third reading: Changes and votes are concluded at this stage.
Royal assent: When on same bill both the houses are agreed then it becomes the law on the
decision of queen.
Common law: Case law is known as common law. The case laws are segregated into two
types judgments become law when no statutes and next one is judges consider the previous
law and male new boundaries.
Statutory law: These laws are passed by federal and state government, ordinances passed by
towns and cities having legal power. New laws are framed to satisfy the needs of people, to
solve the critical issues and to made changes in previous laws.
European law after Brexit: The existing legislation of European court is copied across into
domestic United Kingdom law to make sure a smooth transition after the Brexit. There were
many complications are faced by government negotiations with the European court, when the
bill is passed by Parliament (Dougan, 2017).
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M1.
There have certain changes in the legal system of the country in conservative and labour
administration. House of Lords is replaced by the formation of Supreme Court, the creation
of tribunal service and appointment of judicial service, the formation of the family court and
many reforms in the courts. In the recent time period, the cybersecurity act, Equality act,
information technology act, right to information act etc. the provisions of all acts are applied
in the business organizations and its operations. The recent developments and reforms are
beneficial for every business organization and corporation. Due to arising in criminal
activities there is a need to implement the cybersecurity act. The equality act provides that all
members and employees of the company are must be treated equally without the
discrimination (Summers, 2013).
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D1.
English legal system of the country is more flexible and rigid nature. The system depends on
the creation of a parliament, the role of government in law-making and the hierarchy system
of the court. The decisions of Supreme Court are binding on other lower courts of the
country. There are two divisions of the court civil and criminal cases. Landmarks cases and
precedent cases play an important role to pass the judgement of relevant cases. The decision
of queen is very important after the determination of House of Commons and House of Lords
(Summers, 2013).
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Section 2
Impact of the law on business organizations
I. Occupational safety and health Act 1974 which is also referred as HSW and
HSWA. This is the primary legislation includes occupational safety and health in
Great Britain. The act provides the protection of health, safety and welfare of the
employees, co-workers and family member’s during the workplace and
employment. The employer of business organization is liable to protect the safety
of employees (Demeritt, et. al., 2015).
II. According to the regulations of workers compensation Act 1897, provides that
minimum wages per hour are must be entitled to every labour if the country. It
depends on the apprenticeship and age of the worker. On April 2016, introduced
by government national living wages that every worker who is 25 and above given
as $7.50 per hour. The employer is liable to give the compensation in case of any
accident or injury takes place at the time of employment by the fault of the
employer. (Hood, et. al., 2016).
III. Harassment is another kind of discrimination in the Equality act 2010. When
someone behaves in a manner which offends, intimated and distressed to another
person. It includes jokes, abusive comments; insulting behaviour etc. the
protection from harassment act 1997 was introduced, which provides the
employer of business organization is liable to protect the employees and members
from such kind of action. There is a requirement to protect child labour, women
and senior employees. The discrimination made in case of race, sex, caste,
religion, culture etc. which comes under the harassment (Westwood, 2016).
IV. According to the Equality act 2010, Equal opportunities must be provided to all
employees of the business organization related to all facilities at each level of the
employment. It means every person must have:
 An equal chance is given and selected for post and pre-employment.
 An equal chance is given for training and promoting in the
organisation.
 An equal chance at the termination of employees with fair manner.
 Any harm caused to any employee and infringe their rights considered
unlawful in Equality act 2010.
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b)
Issue: A 16 years girl employee of fast food outlet was injured at the time of employment due
to the insufficient staff and supervisory activities of the employer.
Rule: According to the occupational health and safety act 1974, employer of the company is
responsible to protect the safety and health of an employee’s during the workplace. The more
protection is provided to the child labour in case of any critical activities. According to the
employment protection 1975, all employees are protected against the suffering and haem by
any reasonable action on the grounds of safety and health.
Analysis: In the present case, a 16 years old age girl employee was working in the fast food
outlet. One day she slipped on the water due to leakage from the ice making machine. She
tried to prevent herself but failed and her hand came in the contact of hot oil container at very
high temperature. Due to this, she burned severely by the left hand and her forearm. The
supervisor and staff were not present on that day of the accident. The more protection is
provided to the child labour and girl employee at industrial premises. Due to the absence of
supervisors such action was taking place (Gowland, 2013).
Conclusion: As per the provisions of employment protection and occupational safety and
health this was the fault of an employer that not proper staff and supervisory activities take
place in the outlet. As an employer, he was responsible for the protection of employees
related to their safety and health. The girl is liable to receive the loss and damages incurred
by her for the medical expenses. The owner of the outlet is liable to provide all compensation
to the girl child.
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M2.
As per the provisions of occupational health and safety, employer and owner of any business
organisation are responsible towards the safety, welfare and health of the employees. If an
accident takes place and any injury caused to employee then employer is liable for the
protection. The owner of the outlet was responsible to maintain the supervisory activities at
all time for the reduction of an accident. Due to the fault of the owner regarding the improper
facility of supervision, then he is liable to make the compensation to the girl child.
The worker's compensation act provides that, if any injury takes place at the time of
employment then-then the employer will provide compensation for the loss and damages
incurred to the employee by medical and health benefits. The owner of fast food outlet is
responsible to provide the loss and damage to the girl by medical reimbursement and loss of
office.
The employer of any business organisation prohibits the activities which caused to harm
employees by the manner of harassment. The employer is held guilty if any there is wrongful
intention to harm the employee. Owner of the outlet was not done any harassment activity
with the employee; the accident was happened due to his absence and its supervisors at the
workplace (Gowland, 2013).
The legislation of Equality Act provides that all employees at the workplace must be treated
equally in all respects without the discrimination of sex, caste, religion culture etc. The owner
of the outlet was responsible to maintain the equality between girl employees, child labour,
women and senior employees at the workplace.
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Section 3
Legal solutions to business problems
P4.
Case 1
Issue: Donna dismissed the Calvin from employment by unfair means which was wrongful
dismissal.
Rule: According to the provisions of employment rights act 1996, if the employer terminates
the employee without any proper reason and proves him guilty it is considered as unfair
dismissal. If any wrongful dismissal is done by the employer then tribunal and a court hearing
will take place to receive the claim (Collins, 2017).
Analysis: Calvin was an employee at Donna fashion store from last 4 years. Donna dismissed
him from employment due to missing of £100 from the petty cash box. Employer not provide
opportunity for being heard and notice to Calvin
Conclusion: Calvin is liable to file a suit against the Donna due to unfair dismissal from the
employment and without notice and opportunity of being heard is given to him.
Case 2
Issue: There is an issue of misrepresentation of the facts in case of fire insurance claim.
Rule: According to the legislation of legal implication of misrepresentation of facts which
are divided into fraudulent, innocent and negligent. According to the fraud act, if any
misrepresentation made with any wrong intention then it is considered as a fraudulent act.
Analysis: In this case, Dan has a store which was destroyed by fire he opened a new store in
another place which was also damaged by fire. He signed the agreement of fire insurance by
agreeing that he has not received any claim from last 2 years but he took the last claim before
23 months ago.
Conclusion: The intention of Dan was not wrong and fraudulent; the incorrect information
was placed due to negligence. So Dan is liable to receive the claim from fire insurance
company.
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P5.
Case 1
The employer dismissed the Calvin from employment as unfair means without giving the
opportunity of being heard and serving notice. As per the case of House of Fraser v
Christoforou, the court held that claimant is liable to receive the compensation for loss of
office in case of unfair and wrongful dismissal from the employment. The act of employer
was unfair and he is liable to pay out the damages. The court will consider the whole matter
in depth and fond out the real issues.
Case 2
Dan provides the wrongful information to fire insurance company reacted to receive the
earlier claim. The intention of Dan was not fraudulent it made by negligence. As per the case
of Hedley Byrne v Heller, Court held that claimant has to show the negligence of defendant
made in misstatement and misrepresentation of the facts. The provisions of fraud act will
apply to the Dan due to provide the wrong information but there was not any malafide
intention to receive the claim (O’Connell, 2015).
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