Business Law Report: Legal Obligations, Solutions, and Case Study

This report analyzes the structure of the English legal system, including its sources of law (statutes and legislation), the role of government in law-making, and the application of statutory and common law in justice courts. It explores employers' legal obligations concerning occupational health and safety, worker compensation, and harassment. The report also examines a case scenario involving a workplace accident, suggesting appropriate legal solutions based on the Health and Safety at Work Act 1974, and providing justifications for these solutions. Furthermore, the report discusses the benefits of alternative dispute resolution processes and offers recommendations for the given case. The analysis covers various aspects of business law, providing a comprehensive overview of legal principles and their practical applications in a business context.

BUSINESS LOW

Table of Contents
INTRODUCTION...........................................................................................................................1
TASK 1............................................................................................................................................1
P.1.The structure of English legal system and discuss the different sources of lows that
organisation must comply with...................................................................................................1
P.2. The role of government in law-making and how statutory and common low is applied in
the justice courts..........................................................................................................................2
TASK 2 ...........................................................................................................................................3
P.3. The relevant employment and contract law will have a potential impact upon the business
in this scenario.............................................................................................................................3
TASK 3............................................................................................................................................5
P.4. Suggest appropriate legal solution for each of the above business problems......................5
P.5. Justification of legal solution on the above give one appropriate case................................6
TASK 4............................................................................................................................................6
P.6. Recommendation of an appropriate legal solution in this case............................................6
B. Recommendation of alternative legal solution.......................................................................7
REFERENCES................................................................................................................................9

INTRODUCTION
In this research, we would take a look at the structure of the English legal system and
discuss the different sources of laws that organisation must comply with to resolve their legal
issues efficiently and explain the role of government in law-making and how statutory and
common law is applied in the justice court. Furthermore, we will briefly explain employers' legal
obligation towards occupational health and safety and worker compensation and suggest
appropriate legal solution for each of the above business issues and provide justifications of my
in the given case. Ultimately, we will explain the concept and benefits of using alternative
dispute resolution process and also provide some recommendation of which alternative option
are the best for this given case as well.
TASK 1
P.1.The structure of English legal system and discuss the different sources of lows that
organisation must comply with
In the English legal system at the top supreme court and there are formal roles of house
of Lords play. Each decision are made in such court and associated with all other courts. In the
UK, it has own three separate legal system which are one each for England and Wales, second
one is Scotland and third one is Ireland. This is all reflects its historical heritage. The UK has its
unwritten constitution which are not in a proper documentation that make for established for
each individual person and government as well should act (Westin and Ruebhausen, 2015). The
UK has its parliament system of governing all sector by low legislative provisions. In this system
the Westminster parliament are the point which is responsible for formulating all legislative
provisions in low. In this way the doctrine of supremacy of parliament meas all the provision
make by parliament with the help of its legal formulating process takes procedure over the
common low. The effectiveness of the legal system are specific because of there are several
constitutions are made for different-different crimes so with the help of this an appropriate
decision can be made with the help of legal provisions.
M.1. Evaluate the effectiveness of legal system in terms of recent reformation and
development Judicial procedure: A specific element of English low is that it follow the process of
doctrine of judicial to solve all legal issues in the UK and where the submitted decision of
the courts are binding in as a source to help in the future to make appropriate concern to
1

formulate future decision regarding case(Berger-Walliser, Bird, and Haapio, 2011). A
judge in the court are enforced by decision of the court of their superior judge in the court
and but it is not essential by those of inferior court in the UK. The effectiveness of
judicial procedure is that it helps to provide a reliable process of solving a legal issues in
relevant manner.
Classification of Low Criminal: The criminal low are associated with the discourtesy in front of society in the
large areas and criminal are punished with relevant punish which are provision are
provided in the criminal low in the UK(Vagts, Koh, Dodge and Buxbaum, 2015). Civil: This is the Law which are associated with those disputes which are disputes
between two private parties we can have example of vendor and customer, employee and
company management etc. and in this law injured person can sue on the other party
which is guilty and demand for compensation.
Sources of Low:
There are some major sources of the UK low which are as following: Statutes: The main source of statutes is parliament which provide it some rights to take
legal advantage for making decision towards legal issues for example we take an
employment right Act 1996(Reinhardt and Stavins, 2010). Which are written in the legal
book of parliaments and every act is written in terms of chapter in this section so that an
appropriate action could be taken in favour of business organisation. In the situation of
dispute between employee and employer then some statue low must be helpful in terms
of solving them with the help of legislative provision which are written in statutes.
 Legislation: Legislation is a low that is created by a legislature that help to make an
appropriate legislation. In the UK the major principle is the UK parliaments that are
responsible for making an appropriate low for each section in country. In the UK
parliaments are made with two main elements which are house of commons and the
house of lords as well. There are some legislation are written in the English low system in
which can be useful for all organisation in the UK in the situation of some dispute and
conflict situations of the business effectively.
2

P.2. The role of government in law-making and how statutory and common low is applied in the
justice courts
In the UK government, it plays a wide role in order to converting a bill in Act with the
help of The UK parliament votes towards the bill in which they can convert a bill into the act by
passing it in the house of commons and the house of lords and with together approval of both
bodies of government a bill would be converted into Act. The court also assess the government
working condition and process appropriately(Newburn and Stanko, eds., 2013.). Both section of
parliaments are required to make support towards a bill to pass it and become it a constitution in
terms of making a relevant act. House of commons have the peoples that are elected by their
regional public with the help of voting to represent parliament in appropriate manner. And
another element of parliament is house of lords that are made with life peers and most of the
senior bishops in the church of the UK(Mann and Roberts, 2011). In the house of lords there are
12 most senior judges are seated but they are not specific from parliament. Government plays
role to introduce a draft and also take advises from parliaments to appropriate changes in this
section and go further for bill passing by the government and these are in three types public bill,
private bills and private members bills. These bills are introduced by government in parliament
to first reading of all those members and their suggestion on this bill as well. These bill go
through first reading which is formally completed with both parties effectively in both house, in
the second reading, Bill is presented in the House of commons which are presented by a
government minister, and in the committee stage Bill are sent to a standing committee for
examination and this standing committee made with 16 to 20 Mps and this is chaired by member
of the chairmen panel, report stage Bill should be reported its decision to huge house of
commons within two weeks and third reading are the stage in which final draft of the bill is
reviewed in the house of commons, then the bill is sent to the House of lords to further process
and Royal ascent and this is the final stage in which monarch need to formally make final
decision to approve the bill and them it becomes an act for parliament effectively. This is now
become and formalities in the England under the royal Ascent act 1961.
 Common law process: Common low is describe about to low process which are
developed on the basis of process of ruling that are given by judge of supreme court.
Common low is majorly based on the precedent in the court and this is not in written
form, this legislation provision are majorly based on the rules and common procedure
3

which are followed by all people in the court while having process of court
precedent(Halbert and Ingulli, 2011). The common low applied on the justice court
effectively with a written advises for the judge to deliver these activities as a trail process
of the court and end of the trail as well. This procedure must be followed by each
individual which all have some particular activities which need to be done while court are
running in the process.
 Statutory law process: This is the legal process which care passed by several
government agencies in the UK and hence, there are some low which are passed by
federal and state government of the UK. In this low system ordinance passed by towns
and cities legal power individuals which are having power if law. New laws and
problems are issued to meet the need to each people in the city and also solving their
issues effectively. There are several process by which common low process are applied in
the justice courts effectively. Justice court play a major role while implementing statutory
low process within the justice court effectively.
TASK 2
P.3. The relevant employment and contract law will have a potential impact upon the business in
this scenario (A) Explain employers' legal obligation: Occupational health and safety: In this section employer's have some responsibility to
ensure that their employees health and safety and welfare factors are protecting properly
and other people in the organisation as well to who play important role in the business. In
this section other and employees are protected by some employee safety rights in the UK
legislation and that might being cause if harm efficiently for the firm(Kraakman and
Armour, 2017). Workers compensation: Each organisation must need to give worker compensation to
their workers in terms of make an appropriate environment into the company so that their
workers feel more satisfied within the business. In the UK government legislation
workers' compensation is a safety alternative which could be beneficial for medical care
of workers and other people who feel sick and ill can use of this option legally to furnish
an appropriate facility of compensation for workers in their critical condition.
4

 Harassment: In this legislative provision the workers and employee within the
organisation have a legal option to get proper remedy of it. Workplace harassment are
mentioned in the occupational health and safety act and in this act proper remedy are also
mention of each individual in the UK(Llewellyn, K. N., 2012). Harassment can be on the
basis of race, sex, gender identity, gender expression, sexual orientation, person with
disability and also violating some human rights at the workplace so that this act provide
proper remedy in these all circumstances at the workplace.
 Equal opportunity: Equal employment opportunity in the organisation is enforced by low
in the UK and Civil right Act of 1964 provide proper remedy if an employee feel some
factors which feel them to illegal and discrimination with someone which are colour,
region, nation, origin and sex etc. If someone is not feeling about that he/she is not
treating in appropriate manner then they can use this legal action against organisation. (B) In this scenario Health and safety at work Act 1974 can be enforced to provide an
appropriate remedy to her, because 16 year old girl are not in a proper age to work at
workplace. Moreover, in this case she slipped in water leaking from an ice-making
machine and unfortunately her hand went into the deep fat fryer containing oil at a
temperature of 360 degree and she sustained severe burns to her left hand and
forearm(Friedman, 2011). In this time all staff are not been there are the team leaders was
working on the tills instead of monitoring workplace safety so that team leader have
responsibility to protect her but she was not making their attention towards the girl who
injured in this accident. Occupational health and safety act 1974 legislation have some
provision to provide her proper remedy for it and team leader must be proved guilty in
this given case.
M.2. Potential impact in the business scenario: Occupational and safety legislation Act 1974
have potential impact on this scenario which provide some effective remedy such there leader
would take some responsibilities about to help her to make her healthy and well as before and
also bear all the medical and care expenses which are taken while having treatment in hospital.
All these compensations of leader towards the injured girl must be taken into According to
standard of this legislation so that a proper legal issues can be solved.
5

TASK 3
P.4. Suggest appropriate legal solution for each of the above business problems
1. Employment right act 1996: Under this act Calvin need to use some provision of this to
make better use of this contract and In this case Calving are being suspected by Donna is
an owner of the business and on the working time Donna has arrived at work on Monday
and finds calving are acting in some suspicious way so that it could be said that this is not
only reason to blame on him. Donna have checked petty cash box and 100 euros are
missed in cash box(Duderstadt, 2010). So this without evidence Donna can not decide
that only Calvin is guilty for particular this loss of cash, she need to investigate for other
employees who were presented there so some other person can be guilty for this
particular situation. Donna made wrong decision to fire Calving from the job so it is an
illegal activity done by Donna so Calvin can use Employment right act 1996 and under
this act he can sue on Donna to realize her misunderstanding of missing cash from the
box and take an appropriate solution like reemployed Calvin her fashion designing firm.
According to this act both parties can make an agreement towards compensate their all
issues and make a satisfactory decision in favor of both parties like they can conduct a
meeting in their office in which both parties can present their points in this particular
situation and mediator can suggest the best possible solution to her like Calvin can ask
for pardon on her for their wrong suspect on Calvin and on this legal action make
negative impact on Donna because of this problem can be solved in group discussion and
personal meeting with Donna in his.
M.3. Positive and negative impact of legal solution: Legal solution make negative
impact on her perception and positive impact also can be arise because of this act provide
example of other employee to use of this act in such critical condition(Bagley, 2010).
2. In this particular case Kevin's father Dan owns a small convenience store and a fire
destroy the store and Dan opens another store in new location(De George,2011). He
applied for fire insurance of new store and company insurance policy describe about if
you claim on an insurance in the last two year then you can take new claim under this 2
years and after few days new store also get fired and Dan again beard damage on it so he
thought that his past claim was more than 2 years ago but actually it 23 months are been
so that according to the insurance policy Dan can not claim but he made claimed on this
6

insurance company and insurance have refused to pay on this claim because of its 2 year
claim policy are not in favor of Dan in this case Den can not claim against the company
to pay for the loss. Company must check previous claim document and according to this
company can make sue again Dan to beach of policy rules and not follow the instruction
of policy sufficiently. So proper legal action can be taken by company again Dan to
refuse his claim under this insurance contract. According to the legal action company
may sue on Dan for his wrong said about his actual situation in which he claimed on an
insurance company about 23 month age and according to the policy the company are
stand into right path of legal action and can sue on Dan for refuse her claim from the
company.
M.3. Positive and negative impact of legal solution: The positive impact of legal
solution to this business problem is that company can conduct arbitrate meeting between Dan
and policy provider to better settle this disputes between them and make an appropriate manner
to solve this conflict between them. Negative impact of legal solution of the business problem is
that company reputation goes negative if company take a strict action against the client.
P.5. Justification of legal solution on the above give one appropriate case
Calvin and Donna case: Above the first case we could say that Employment right act
1996 can best fit to this case and according to this act it provides some remedies to Calving who
is a fashion designer in large fashion house and working here from last 4 years and in this case
his employer Donna suspected on Calvin to missing 100 euros case from their pretty case box
and this claim of Donna against Calvin is not appropriate because Donna have not any proper
evidence against this case(Colpan, 2010). So it could be said that Donna must need to have a
proper investigation about this case at their workplace. It could be happened some another
employee can do this illegal work. So Donna must check out firm's CCTV camera footage to
know about to actual situation of that time when she came befre. Donna must use arbitration
legislation provision to solve this problem. In this case Donna and Calvin can take a meeting
between them and an arbitrator play a justifiable role between them and provide a reliable
suggestion to solve this disputes appropriately.
Kevin's father Dan case: Calving father Dan have wrongly made sue on the insurance
company and according to legal provisions, he can not claim on the insurance company to
fulfilment of their losses which has been occurred at the business effectively. Insurance company
7

must refuse the claim of Dan because of his claim I not enforcing by low and insurance company
easily can avoid it. According to legislative provision, dan must refuse his sue which he made on
the company and insurance enterprise also have legal eight to refuse to pay the claim so that
company must follow this procedure. The insurance company may not provide all compensative
amount of money to Dan because of this is not void according to the low and legislative policies
of the firm effectively. The insurance company could refuse the claim of Dan according to legal
policies of insurance policies of the company.
TASK 4
P.6. Recommendation of an appropriate legal solution in this case
At there a path is not only form to resolve the legal disputes of a company. Alternative
disputes resolution process is a not a proper formal methodology and it also lakes less time to
happen in some critical condition and not so much expensive process which are required to take
by organisation in terms of solve their legal problems effectively and dispute within the firm and
from the organisations as well as. Benefits of alternative dispute resolution process: The major benefits of this approach
is, it has less and lower cost expenses of ADP methodology and in this all the activities
could be done in very less time and fewer expenses on it(Chemerinsky, 2016). An
organisation could use lot of money in terms of preparing some important documentation
and some other more reliable information. So in this methodology takes less time and
fewer expenses in this all process. Mediation: In this methodology an impartial individual that is called a “mediator” helps
the exercises to resolve the conflict and meet to the expectable solution of the conflicts
between two parties. This mediate does not play an important role and make final
decision of these conflicts but assist in practices communicating both the parties and
could try to resolve the disputes themselves. Arbitration: In this process, a neutral person this is called arbitrator are liable to hear all
the evidences and arguments from each side of the disputes then make an appropriate
decision towards the dispute(Chaffey and White, 2010). This is a less formal process of
resolving disputes between two parties and their evidences are many times relaxed.
 Neutral Evaluation: In neutral evaluation process, each party of disputes get the chance
to proof their evidences and present their case of each side in front of evaluator. Then the
8

evaluator furnish an opinion on the strength and weakness of each evidences presented by
each parties and give suggestion about how disputes can be resolved.
B. Recommendation of alternative legal solution
As we have discussed above alternative disputes resolutions are most beneficial for the
companies to solve their legal conflicts. In this case given disputes between Antwon and Tyrell
organisation. They both are making computer software and Antwon's employee use them to
market prediction so that current disputes can be resolved.
M.4. Recommendation of the issue:
 Mediation: This is very essential alternatives for resolving given issue of both companies
in this case. Tyrell and Antwon organisations case so that There might be mediator
between them to solve their given problem. With the assistance of this legal method we
take a mediator to solve this problem in reliable way(Carroll and Buchholtz, 2014). Both
organisation's owner must be there at the front of mediator and they must provide some
situation in which they can review own issues and problems and point of views to discuss
better and find out the best way in which both parties can get an appropriate solution. As
we know both parties want to resolve this issues in effective manner so that if both parties
demand and needs are satisfied with the help of mediator suggestion then they will take
reliable action according to appropriate recommendation of Mediator which are in favour
of both organisations benefits and as they willing to set up their new joint venture of both
businesses and according to this situation mediator suggestion should be implemented
effectively.
CONCLUSION
From the above investigation, we have concluded about The structure of the English legal
system in the UK and the different sources of laws that a company must comply with solving
their legal issues effectively and the role of government in law-making and how statutory and
common low applied in the justice courts as well. Moreover, it is also concluded, briefly explain
employers' legal obligation of occupational health and safety and workers compensations as well
and in this given case how the relevant employment and contract law would have a potential
impact upon the business in the given scenario in the case and aso suggest appropriate legal
solution for each of the above business issues and provide justification according to me for using
Calving case and ultimately, we have concluded about to benefits of alternative dispute
9

resolution process and given case which alternative utilise to the best fit and recommendation as
well.
REFERENCES
Books and Journals
Bagley, C. E., 2010. What's Law Got to Do With It?: Integrating Law and Strategy. American
Business Law Journal. 47. 4. pp. 587-639.
Berger-Walliser, G., Bird, R. C. and Haapio, H., 2011. Promoting business success through
contract visualization. JL Bus. & Ethics. 17. p. 55.
Carroll, A. and Buchholtz, A., 2014. Business and society: Ethics, sustainability, and stakeholder
management. Nelson Education.
Chaffey, D. and White, G., 2010. Business information management: improving performance
using information systems. Pearson Education.
Chemerinsky, E., 2016. Constitutional law. Wolters Kluwer Law & Business.
Colpan, A. M., 2010. Business groups in Turkey. In The Oxford handbook of business groups.
De George, R. T., 2011. Business ethics. Pearson Education India.
Duderstadt, J. J., 2010. Engineering for a changing world. In Holistic engineering education. pp.
17-35. Springer, New York, NY.
Friedman, L. M., 2011. Contract law in America: a social and economic case study. Quid Pro
Books.
Halbert, T. and Ingulli, E., 2011. Law and ethics in the business environment. Cengage Learning.
Kraakman, R. and Armour, J., 2017. The anatomy of corporate law: A comparative and
functional approach. Oxford University Press.
Llewellyn, K. N., 2012. The bramble bush: On our law and its study. Quid Pro Books.
Mann, R. A. and Roberts, B. S., 2011. Smith and Roberson’s business law. Cengage Learning.
Newburn, T. and Stanko, E. A. eds., 2013. Just boys doing business?: men, masculinities and
crime. Routledge.
Reinhardt, F. L. and Stavins, R. N., 2010. Corporate social responsibility, business strategy, and
the environment. Oxford Review of Economic Policy. 26. 2. pp. 164-181.
Vagts, D. F., Koh, H., Dodge, W. S. and Buxbaum, H. L., 2015. Transnational business
problems. West Academic.
Westin, A. F. and Ruebhausen, O. M., 2015. Privacy and freedom. Ig Publishing.
10

11