Business Law Report: Employment Law and Dispute Resolution

This report provides a detailed analysis of business law within the UK context, commencing with an introduction to the English legal system, including its constitutional framework and various laws. It explores the role of the government in law-making and the application of laws within the court system. Section 1 delves into the effectiveness of the legal system, highlighting recent reforms and developments. Section 2 examines the legal obligations of employees, including health and safety, workers' compensation, harassment, and equal opportunities, as well as the relevance of employment and contract law. Section 3 offers legal solutions for various problems, providing justifications and assessing the positive and negative impacts of these solutions. Finally, Section 4 presents alternative dispute resolution processes and compares and contrasts recommendations, culminating in a conclusion and a comprehensive reference list. The report examines the English legal system, employment law, contract law, and workplace safety, offering insights into legal obligations and dispute resolution strategies.

Business law

Table of Contents
INTRODUCTION...........................................................................................................................1
Section 1...........................................................................................................................................1
P1. English Legal System and its various laws......................................................................1
P2 Role of government in law making and laws applied in the court of justice....................3
M1. Effectiveness of the legal system in terms of recent reforms and developments...........4
Section 2...........................................................................................................................................4
P3 . a) Legal obligation of the employees in relation to.........................................................4
b) relevance of employment and contract law........................................................................5
M2. Differentiation and analysis of impacts of regulations, legislations and standards........5
Section 3...........................................................................................................................................5
P4. Legal solution for each problem......................................................................................5
P5. Justification on above cases.............................................................................................7
M3. Positive and negative impact of legal solution...............................................................7
Section 4...........................................................................................................................................7
P6. Legal solution...................................................................................................................7
a. Alternate Dispute Resolution process.................................................................................7
b. Alternative Solution............................................................................................................8
M4. Compare and contrast the recommendations..................................................................8
CONCLUSION................................................................................................................................9
REFERENCE.................................................................................................................................10

INTRODUCTION
Laws are the life and blood of the processes that governs the operations that are been
carried out in an organisation. The laws are the rules and regulations decided by the government
or the trade unions on the local as well as the national level which look after the correct
conduction of the trade practices or the business. The trade or business laws governs the
organisation and mark the rules and regulations that are made to mark the smooth flow of
business and protect the rights of consumers and employees (Jones, 2017). This will make the
processes more transparent and convenient not only for customers and employees but also for the
organisations too. This resource will take in consideration the business processes of UK which
look after the trade practices. The English system of Law and its various resources will be
discussed. Also, the role of government and trade unions will be look after. Besides this, various
cases will also be discussed that depicts the various scenario of law practices and condition in
UK.
Section 1
P1. English Legal System and its various laws.
The constitutional law or the Legal system of the country is the lifeline of the nation
which will make the processes smooth and easy in the country. The English Legal system or the
British Law will be the governing tool that will look after all the legal preceding in UK. This
system is the governing body in England and Wales and consists of criminal as well as the civil
laws and code of conduct. The legislation look after the that any issue or crime conducted meets
the jurisdiction in UK. Although there is no written format of the English legal system. Apart
from this there are no codes or status in the English law. In a format, it is an unwritten law which
is indirectly governed by the King's court and is based on the older decisions and judgements
that are been made in the past. The citizens, in case of any crime or failure of law following, the
victim can plea in the court of law to get the justice and settlement of any sort of dispute in UK.
The Supreme court of Law is the utmost court of law in UK which is highest in rank (Gordon,
and Ringe, 2017). There are also high courts in middle level and on the base or the lower level is
the court of appeal or the general court. The legal system of UK has two types of laws:
 Criminal law: It covers the crimes like murder, man slaughter, half murder, harassments,
alteration robbery etc. It is used to plea for the criminal offence and the penalties are in
accordance to the intensity of the crime.
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 Civil law: It covers the civil offences like forgery, divorce, family law and also look after
the civil rights in UK. They also look after the trade practices and Company and trades
law in UK.
There are various laws and rules or regulations that are been command in the UK legislation that
look after the civil rights, safety and wellness of the people in UK. There are various legislator
body which will govern the law making process and its strong and efficient implementation
(Flint, 2017). This factors or the sources which classifies the laws in UK are:
 Common Law: The Common law are the rules and regulations that will see through the
common rights and duties of the civilians of UK. It contains the traffic rules, parking
rules and other day to day practices of Law.
 Legislature: the overall functioning of the legislature and the legal system of the country
is to see through the processes that governs the functionalities of the country. It will look
after that the laws are been followed efficiently and strictly and in case of any offence,
the people are getting the justice (Ortmeier, 2017). They will hear the plea and will
follow the procedure to get the convict punished and maintain the law. They will provide
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Illustration 1: Legal Structure of UK
Source:English Law,2017

the penalties and ask the other governing bodies to provide any compensation, if any
needed to the concerned person.
 Human Rights: the human rights are the fundamental rights provided to all the humans,
in regard of gender, castes, race, region and nationality in UK. It will look that all the
humans or citizens of UK are maintaining the Human rights of themselves as well as of
the others (Campbell, Mulcahy, and Wheeler, 2017). It is a right that is necessary for the
better functionalities of the social and cultural structure of the country. Any harassment
or exploitation of human rights of anybody by anyone, is a serious offence in UK.
P2 Role of government in law making and laws applied in the court of justice.
Government or the political factors plays a very crucial role in the law making process of
the country. The government along with the local bodies and the legislation, works for the
betterment of the citizens of the country. It will look after that all the citizens are in bide by the
law and are getting their fundamental rights. Besides this, the government look after all the
factors that can affect the smooth following of law in the country and with the help of legislation,
keep a check on it. Apart from this, the government conduct the assessments of the issues faced
by the citizen's of the UK and will draft a set of rules and regulations or a bill and present it in
the assembly or the parliament of the country (Kennedy, 2017). The assembly will look after it,
conduct a debate or discussion by parliamentary members on it and when it is agreed by all, the
bill is further sent to the legislation to make it a word of law. In most parliaments, there is a
separate committee that handles the law making process of the country. They will conduct the
assessment and will find the solution to the problem, draft it into a report or a bill and will
present it into the parliament where it is discussed and then sent further to make it a law, by the
legislation of UK. The UK parliament has 2 houses: the Upper house and the lower house. The
bill is first of all presented in the lower house where it is debated. Once getting clearance, the bill
is further sent in the upper house for the same process where it is widely debated and discussed.
After getting the clearance from both the houses, the bill is resolved by legislature, who will
implement it as a law.
Besides this, the government will also look after that the statutory and common law is
applied by the court of law for the justice and no one is denied the justice or its right due to any
legal constraints (Yeoh, 2017). They will see through it that all gets the equal rights to practice
and are considered on a common level in eyes of law. If the legislation fails to provide the justice
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to a person, the government will interfere in the process and will look after the matter so that the
concerning person gets the rights and justice and the convict is punished for its crime.
M1. Effectiveness of the legal system in terms of recent reforms and developments
The new reforms and developmental changes have affected the legal system to a greater
extent. The advancement of the technology and the Brexit agreement had affected the law
making. Some new laws and principles are been drafted to meet the legal requirements and
legislation of the Businesses in UK.
Section 2
P3 . a) Legal obligation of the employees in relation to
1. Occupational health and safety: According to the law, all the employees in an
organisation or the country are liable to work in a condition of utmost safety and health
measures to work properly and efficiently in the company. Under the health and safety
regulation law, the duty of the safety of the employee is on the employee itself along with
the employers (Bowie, 2017). The employees are legally liable to take care of there as
well as the safety and health of others so that the work at the company is carried out
efficiently and with negligible or minimal risk. The workers must meet to the employers
and the co workers to help in affecting the health of other employees. If there is any
query or concern regarding a health or safety issue, the worker can meet the senior
management and safety representatives.
2. Workers Compensation: The employees pay premiums for the benefits or the
compensation and when there is a condition and the insurance is claimed, the insurance
company will check and look after if the benefits are to be made and then pays the
compensation to the injured party (Henkow, 2017). The injured party is the one who
receives the compensation. It is the employee's responsibility to work with ethics and
responsibility following the safety protocols, report any sort of injury and seek the
medical attention if needed any. If the requirement stays, they can contact the insurance
provider to smooth down the insurance claim process.
3. Harassment: the harassment is the unlawful practice that is either abusive and
intimidating for the employee. It can be either physical, psychological, economical or
social harassment of the employee on the base of race, colour, gender, religion, age or
disability. It is an unlawful practice that can negatively affect the work environment of
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the company and can be very lethal for an employee as an individual. Employees must
take the significant steps to stop and prevent the harassment at work place. There should
be free communication about the any occurrence of harassment. Also, they can help to
correct the harassment behaviour and even can take action on the non supervisory level to
avoid harassment practices.
4. Equal opportunities: It is the employer's as well as the employee's duty to look after the
equal opportunities of work in regard to their race, colour, gender, age, status, nationality,
religion and social origin (Furlong and et.al., 2017). Denial of job or responsibilities to
the employees because of these factors is an unlawful offence and the employee or the
employer who practices it is liable to get punished under the court of law.
b) relevance of employment and contract law
In this case, the young girl is liable to get the medical attention and service along with
the claim of compensation from the employer under the employment and contract law which will
help the victim to get treated for her burns and is liable to get the sick pay as the accident
occurred due to the company's fault. Even in the serious conditions, if the girl is unable to make
the claim by herself, she can ask someone else to make the claim on her behalf and get it done.
She can get her medical details record to make it easy for her to get the compensation claim work
done in a very efficient manner (Ortmeier, 2017). Even if, the work conditions are found
dangerous by the employee, he can complaint about it to the senior authority or the trade union
who will look after the safety standards of the workplace.
M2. Differentiation and analysis of impacts of regulations, legislations and standards
From the above scenario, we can say that the strict implementation of these laws,
regulation and standards have played a crucial and significant role in the betterment of the
business and trade practises in UK. Although both the cases are different, they both are in bided
by the law and promote the healthy practice of following of laws and legislations.
Section 3
P4. Legal solution for each problem
1. Calvin was working in the designer firm of Mrs. Donna since past 4 years. One day,
when Mrs Donna, the owner of the firm, arrived to the work, she found Calvin behaviour
suspiciously. When she cross checked the petty cash box, she found that £100 less in it.
Without any investigation and cross examining of the other employees, she dismissed the
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Calvin, without any notice or giving him any chance of proving himself as not guilty.
Calvin was terminated for a crime which is not proved on him. This makes the employer,
Mrs. Donna as a guilty person. Calvin can plea as not guilty in the court of law under the
Employment Right Act 1996 (Ortmeier, 2017). Mrs. Donna has dismissed the Calvin on
the basis of doubt without any investigation which is an unlawful practice. She should
have first investigated the work place and other employees too and if she had found
Calvin as guilty, she would have terminated her then. Due to lack of concrete evidence,
Calvin can be set free and he can make claims for disgracing him to Mrs. Donna and his
dismissal which is a violation of law. Beside this, Mrs Donna has to provide an apology
letter to Calvin for terminating him without any notice and investigation.
2. Kevin's father Mr. Dan, who owns a convenience store, had lost his shop in the fire
outbreak. He made a significant loss and shut down the shop. He reopened the shop in the
another location and claimed for the insurance. The proposal of insurance asked him
whether he had made any claims within 2 years of time to which he denied without
making any investigation. This time too, he loses the shop in fire and applied again for a
claim which the insurance company denied. It is because he already made a claim and is
making another claim for the insurance before the period of 2 years i.e. 24 months, which
violets the term and is an unlawful practice (Jones, 2017). Mr. Dan is at the guilt in this
case because when the insurance company asked him to make any claim within 24
months and he denied it without making any investigation that he had made the claim 23
months ago which is the violation of the contract between the insurance provider and Mr.
Dan. Thus, this makes insurance company not liable to pay any sort of compensation to
Mr. Dan. Although unknowingly, he has provided the incorrect information to the
insurance service provider which is a law offence. Mr. Dan should have made the efforts
to cross examine the insurance status and may have provided the insurance company with
the correct info so they could have made better pay off of the compensation. But failing
in providing the correct information to the company, Mr. Dan is not liable to get any
insurance claim and get any compensation as per the law. Thus, this is a major drawback
of lack of appropriate communication which leads to this confusion that had affected the
claim of compensation of Mr. Dan.
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P5. Justification on above cases
1. In the case of Calvin, he was terminated from his job on the basis of doubt which is an
unlawful offence. He was working in the firm from last 4 years which proves that he is a
very loyal or good employee. But he was terminated in the moment of heat caused by the
missing of £100 in the petty cash box which made the owner of the fashion store, Mrs.
Donna to terminate Calvin. Now Calvin, under the Employment Right 1996, can claim
for the compensation and salary to Mrs. Donna. Also, he can ask for apology as the
owner terminated her without any prior notice (Gordon and Ringe, 2017). According to
the law, Mrs. Donna should have first investigated about the theft and if Calvin had found
guilty would have terminated him after one month of prior notice period. Which she
failed to do and hence, is a law offence.
2. Mr. Dan has not provided the correct information about the insurance claim which now
doesn't make company any more liable to pay the insurance claim for the shop destroyed
in fire. According to the law, while making any contract, both the parties has to agree
upon providing the correct information without any hiding and confusion of the facts
(Kennedy, 2017). Mr. Dan, failed to provide the correct information about the claim
which he made 23 months age, in spite of 24 months, which violates the law of contract
that bounds them. In this condition, it is a law offence to make insurance claim by Mr.
Dan for his shop and thus the insurance company has the right to deny the compensation
to Mr. Dan on basis of violation of contract.
M3. Positive and negative impact of legal solution
The Positive impact of the legal solutions to the problem in the business is that it
regulates and look after the efficient following of law and betterment of the work conditions in
the company.
The negative impact is that many times, they disturb and can't get synchronised with the
work process of the company.
Section 4
P6. Legal solution
a. Alternate Dispute Resolution process
The Alternate Dispute Resolution process(ADR) is the way to resolve the disputes
between the consumers and traders and doesn't involve the court of law in the sorting out of the
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issues. It is either in form of mediation where a third party, except court, involves in the dispute
and get it resolved or in the arbitration where a third party takes the decision and both conflicting
party agrees to it (Bowie, 2017). Company's and businesses are using the practice of ADR to
give its customers a better service and get the issues resolved without any legal interference.
Even government promotes the use and development of ADR to solve the trade issues. Many
businesses had already started the voluntary ADR schemes to promote a healthy business
practices. The core benefits of the ADR is:
 Avoids Legal Cost: the ADR is a very efficient method to resolve the issues without the
involvement of any legal associate or court of law thus saves the money of both the
parties that will be spent on the court preceding which is a highly economic exhausting
process.
 Avoid going to court: the ADR approach also avoids the going to court which thus
saves time and money of the parties and also prevent any sort of legal obligation that is
meant to be followed while the legal case will be a bounden for both the parties (Jones,
2017).
 Chances of getting compensation: in ADR, the chances of getting the compensation is
more as compare to the legal method as the legal method will cost count all the expenses
and then the alimony will be decided which will reduces its amount as compared to that
in ADR.
b. Alternative Solution
The Alternative method that can be used for the rectification of the dispute can be
Arbitration approach of ADR as it is more convenient to use that is because it will involve a third
party who will decide for both the companies as both firms want to continue their trade practices
(Ortmeier, 2017). Also, it will save the legal cost that will be spent on the rectification by both
the company's.
M4. Compare and contrast the recommendations
From the comparison we can say that the recommendations given can be applied in the
significantly different work environment and are not co related with each other. Besides this,
they cannot be implemented in the adverse condition.
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CONCLUSION
From the research conducted we can conclude that Laws play a crucial role in the running
of businesses. The laws are necessary to look after the correct and efficient carrying out of the
services which on the other hand will help the customer by getting a better service. Also, various
alternative measures are been discussed that can help to resolve any issue without the
involvement of court of law
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REFERENCE
Books and Journals
Jones, L., 2017. Introduction to business law. Oxford University Press.
Gordon, J.N. and Ringe, W.G., 2017. The Oxford Handbook of Corporate Law and Governance.
pp. 159-160.
Flint, D., 2017. Storms Ahead for Cloud Service Providers. Business Law Review. 38(3). pp.125-
126.
Ortmeier, P.J., 2017. Introduction to Security. Pearson.
Campbell, D., Mulcahy, L. and Wheeler, S. eds., 2017. Changing concepts of contract: essays in
honour of Ian Macneil.
Kennedy, D.M. ed., 2017. American Indian Business: A Reader. University of Washington Press.
Yeoh, P., 2017. Risk Issues in Global Supply Chain Management. Business Law Review. 38(3).
pp.80-88.
Bowie, N.E., 2017. Business ethics: A Kantian perspective. Cambridge University Press.
Henkow, O., 2017. Applying VAT to Financial Services. The MENA Business Law
Review. 2017(3). pp.58-62.
Furlong, W. and et.al., 2017. Character's Essential Role in Addressing Misconduct in Financial
Institutions. Business Law International. 18(3). pp. 56-57.
Online
English Law,2017 [Online] Available through
<https://law.duke.edu/lib/researchguides/english/>
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