Business Law Project: Analysis of Legal Systems and Solutions

This business law project examines the English legal system, including its structure and sources of law, and the role of government in law-making. It explores the impact of law on business organizations, specifically addressing employers' legal obligations related to occupational health and safety, worker's compensation, harassment, and equal opportunities. The project presents case studies involving unfair dismissal, wrongful dismissal, and insurance disputes, providing legal solutions and justifications. It also analyzes the concept and benefits of Alternative Dispute Resolution (ADR), comparing ADR processes in the UK and the United States, and recommending alternative legal solutions for a given business problem. The project includes an introduction to the English legal system and sources of law, and a comparison of different recommendations.

Business law
Project brief.
Section 1- Nature of legal systems
Introduction
1. a) Explain the structure of the English legal system and discuss the different sources of
laws that organizations must comply with. (P1)
b) Explain the role of government in law-making and how statutory and common law is
applied in the justice courts. (P2)
2. Effectiveness of legal system in terms of recent reforms and developments. (M1)
The legislation of
United Kingdom is very effective and efficient. It is very important that business firm should
follow all rules, policies which are made by government. If companies will not follow or work
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under the policies, then in this case, there will be a big impact on business. To see the
effectiveness and efficiency of legal system, then it is necessary that legislation of United
Kingdom should be fair and transparent. The lawyers, judges should be trained and expert in
their field or know everything about law. In context to this, the main motive of UK courts to
render penalization to all criminals or thefts on the basis of their crime. It is important that
the judiciary system has some rules and regulations regarding given punishment to guilty
people. In addition to it, the legislation should be better and improved to give equal
opportunities top all people of United Kingdom. They judge of court should be give fair
judgment on any type of cases.
Section 2 - Impact of the law on business organizations
a) Briefly explain employers’ legal obligations in relation to;
Occupational Health and Safety
Workers compensation
It is a type of insurance provided to those workers who injured at the time of work.
In respect to this, it is the responsibility of an organization is to provide medical benefits or
some wage replacement to injured workers. In this workers compensation, injured, illness
labors can be claim for their compensation to employer.
Harassment
Equal opportunities
b) “A 16 years old girl was employed at a fast food outlet to cook fries at a frying range. She slipped
on water leaking from an ice-making machine and instinctively put out her hand to break her fall.
Unfortunately, her hand went into the deep fat fryer containing oil at a temperature of 360°F and she
sustained severe burns to her left hand and forearm. The outlet was short staffed on the day of
accident and the Team Leader was working on the tills instead of monitoring workplace safety.”
Explain how the relevant employment and contract law will have a potential impact upon the
business in the given scenario.
Differentiate and analyze the potential impacts of regulations, legislation and standards with regards
the above scenario (M2)
Section 3 - Legal solutions to business problems
1. 1) Calvin is a designer working for a large fashion house. Calvin is an employee at the firm
and has worked there for 4 years. His employer Donna arrives at work on Monday morning
and finds Calvin acting suspiciously. Donna checks the petty cash box and discovers that £100
is missing. Despite the fact that four other employees were in the vicinity at the time Donna
came into the room she dismisses Calvin without any notice saying she ‘would not have a
thief like Calvin working there any more’. Advise Calvin of any rights under unfair dismissal
and wrongful dismissal protections.
2) Kevin’s father Dan owns a small convenience store. A fire destroys the store. Dan
eventually opens another store in a new location and he applies for fire insurance. The
proposal that he fills out includes this question ‘Have you made any claims on an insurance
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policy in the last two years?’ Dan answers ‘No’. He thought that the previous claim was more
than 2 years ago. It was in fact 23 months ago. There is a fire in the new store and Dan
suffers substantial damage. The insurance company refuses to pay the claim. Advise Dan.
3.1) Suggest appropriate legal solutions for each of the above business problems.
3.2) Provide justifications for your solutions by either referring to a relevant statute or using an
appropriate case.
(M3) Assess the positive and negative impacts of legal solutions to the business problems
Section 4 - Recommending appropriate legal solutions based upon alternative legal advice
a) Explain the concept and benefits of using Alternative Dispute Resolution process
Alternative Dispute Resolution is a process of resolve any type of problems of issues
among an employee and employer. In this, there is no involvement of courts. The
government and the parliament of United kingdom support this Alternative Dispute
Resolution system. The main motive and aim of ADR is to solve any type of issues or
problems. In relation to this, there is no role of legal system. The common and the
foremost methods of this Alternative Dispute Resolution are arbitration, conciliation,
adjudication and the mediation. But United Kingdom country follow and use only two
systems mediation and arbitration. At the time of resolving issue or any type of conflict,
then in this case, there is a need of arbitrator or mediator who is common among both
conflict parties and also expert in problem or dispute solving. The main disadvantage of
this Alternative Dispute Resolution is that it is not official. In United Kingdom, there are
many supporters of this. This dispute resolution has some advantage and some
disadvantages:
Advantages:
 This process is very flexible.
 It is not expensive because there will be no need of paying money in courts.
 It is very useful in case of any type of disputes or conflicts. This process is
time saving because there is no requirement of going court.
 The conflict party appoint an arbitrator or a mediator from mutual consent
and they are specialized in conflict solving and provide quick and fair
decision.
 The main focus of Alternative Dispute Resolution is on problem or conflict
solving.
 The process of problem solving is handled in relaxed atmosphere, informal
and in this people feel not hesitated and it is a private settlement.
Disadvantages
 Its main disadvantage is that it is not a formal process or can say that there is
rules and regulations of this.
 The people do not follow all the guidelines and rules in context of conflict
solving. It can cause uncertainty and in consistency.
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 If in case, the arbitrator did not make a proper solution then in this case
people have to go court and it will be more expensive and time taking.
 In this, there is no more legal expert and they are not trained legally.
 In this, the arbitrator decision is final and after that there is binding up of
case.
b) Recommend an alternative legal solution to the following business
problem. You can consider another country’s legal system or a different legal
framework.
Alternative Dispute Resolution is a way to resolve any type of conflict.
In this the two dispute parties, appoint an expert for make a proper solution of problems. In
context to given case of Antwon and Tyrell. Antwon is a owner of a business enterprise and
he is a big issue and conflict with Tyrell. Tyerell is a owner of a software company and its
main work is to develop effective software programs. Their conflict is from longtime and
they want to resolve this from mutual consent. In regard to solve dispute, they both are
taken help from Alternative Dispute Resolution process. In ADR process of United kingdom
involves arbitration and mediation. They both are very specialized in their field but it is not a
legal process, there is no involvement of courts.
Arbitration- It is less formal that courts. In this, the two different conflict parties
appoint an arbitrator and this person has problem solving skills. Before make a proper
solution, arbitrator listen the problem of both the parties and then make a proper and
mutual solution which is in the favour of both parties. It should be binding or not binding. If
both conflict parties are not agree from the decision of arbitrator tehn in this case they can
go courts.
Mediation- In this, to resolve conflict, different conflict parties take help from
mediator and this is an impartial, independent third party. This third party has not any type
of legal power. This process is flexible in nature and it can settle many types of conflict such
as family disputes, consumers conflicts, neighborhood dispute, contract dispute etc.
On the another hand, the process of Alternative Dispute Resolution of United States
is different from ADR of United Kingdom. In United States, to resolve dispute, there is an
appointment of arbitrator. In context to this, there is a labor arbitration and in this there are
two types arbitration included and those are grievance and the Interest Arbitrator. In United
States, Alternative Dispute Resolution is a very effective process, it is also helpful in
development of country.
Hence, in case of Awton and Tyrell, for resolving conflict, these two parties taken
helps from arbitration. With the help of arbitration, they can resolve their issues without
help of courts. It is a best and easy method of Alternative Dispute Resolution. It is a less
formal process than the courts.
Antwon, who owns a large investment firm, is having a dispute with Tyrell, the owner of the
company that makes the computer software Antwon’s employees use to make their market
predictions. The dispute has gone on for several weeks but the parties have been unable to
come to a satisfactory solution. Antwon and Tyrell wish to maintain their working
relationship with each other, as it is mutually beneficial, and they would like to resolve this
conflict and move on with their other business concerns. With these facts, what is most
likely the best way of resolving the dispute and why?
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(M4) You will compare the contrast the effectiveness of two different recommendation.
Introduction:
According to A. Adams the law develops and responds to the requirements of the society in
which it regulates (Adams, 2014).
The meaning of legal system according to Oxford dictionary says: “it is a system of policies,
rules and regulations through which a specific nation identified for regulating the actions of
people and which many enforce through the incumbrance of penalties”. (Oxford dict., 2017).
Laws affecting as day by day in our life as determinates your eligibility or rights,
responsibilities or entitlements for example as an employer o employee (Adams, 2014)
a) Structure of English legal system and the different sources of laws
A English legal systems are considered a fundamental institution in our society. Legal
Systems are appropriate ways of maintaining and regulating social control.
Until around seventeenth century, United Kingdom legal system were based in general on
Judge made laws. Law established through judges made decisions on particular cases before
that time it was called “common law” or case-law. The legal system is formulated by the
parliament in United Kingdom country, produced by the Government. (UK law online, 1998)
Nevertheless, the case law is an important and most necessary source of legal system, as
judges decisions in particular lawsuit may become mandatory on the judges way under this
way it is necessary to follow the law for every person or company. The preceding or
pronouncement has a very important role in common law and should be developed through
the parliament with the sufficient seniority. For example, if the judges of higher courts might
not hear the unmeaning legal arguments, it is the higher courts rulings, which the lower
court must follow. On other hand, the pronouncement might not be rigorously required on
the legal basis of the decision. Thus, later judge might said that the case is different from
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before taking in court from the case which was represent earlier in court. (UK law online,
1998)
Another source of laws in English legal system are statutory laws, nowadays called “The
parliament acts which is applied to everywhere by one and more than one jurisdiction is
known as the public general acts” (UK law online, 1998).
Few examples of parliament given below as above:
 Education (Student Loans) Act 1998
 School Inspection Act 1996
 Equality Act 2010
Parliament acts are also known primarily legal and get over established after consult with
the House of Lords and House of Commons, it is sent to the Royal assent.
“In October 2009, Supreme Court of United kingdom removed the Appellate Committee of
Parliament as high court in the United Kingdom. There are 12 justices in the Supreme Court
and they all maintain their high standard through the Appellate committee, but now it will
be separated from the Parliament as well as government” (Baillii.org, 2009).
Since then The Supreme Court is called the Lords House and it is last judicature of all request
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in England, North Ireland & Scotland, Wales and its decision are mandatory for those courts.
(Adams, 2014)
Another source of law in English legal systems is known as secondary legislation and
delegated Why secondary? Because it’s inside the of authorization of primarily legal system
and also does not necessarily has to be authorized already through the parliament. Such
legislation is issued in the form of statutory law regulations or orders. The reason for use of
secondary legislation is to save time in the Parliament and to allow experts for design and
use the technical language in their wording. (UK law online, 1998)Some example are as
follows:
 The Educations Regulations 1998
 Road Traffic Offenders Act 1988 Road Traffic Regulation Act 1984
It should be noted that UK has incorporated since 1972, the legal system of the European
Union. The Labour Government has enacted as British legislation related to the European
Convention on Human Rights. (Online UK law, 1998)
The Parliament of United Kingdom introduces an act related to Human Rights Act 1998
receives by the Royal Assent on November, 9 but was implemented on 2 October 2000. This
main aim of this act is to include in the leg' of United kingdom, rights enclosed in the
European Convention of Human Rights. This act was a remediation for resistance some
rights which are available in the judiciary of UK, outside requirement to claim to the Court
of European related to Human Right in the Strasbourg (Justice , 2000).
As all the organization needs to employ humans, the first source of law that all the
organization must deal with is the Human Rights Act come in force on October, 2nd 2000.
This act changes the the working manner of court in the United kingdom and also put the
human rights at the priority in the legal system of UK . ”Each person is eligible to anticipate
that all the agencies of public and, government and business firms should give respect to
human rights.” (Justice , 2000) That means, for example every employee can bring a case in
courts to dispute a decision of employer that interferes with their rights.
Human rights, belongs to people through the rational motive of humanity, and applied to
every person related to their age, gender, occupation nationality or race. Thus, in any public
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or private organizations, any decision are made, they must take into accounts the human
rights and the laws that related to their business or every day activities. Knowing the laws
regulating business practices can be anticipated certain situations and actions, that may
affect in a negative way the future of any type of organization. However, it is hard to
evaluate the affect of legislation making through European Union in he next years. It is
believed that European Union will also increase its profit regarding sectors where it may
enforce legal system because of Brexit.
b) Role of government in law-making and statutory and common law is applied
Laws can be classified in different ways, even though the diverse categories are not
commonly exclusive. Civil & common legal system disclose to obvious legislation. The
English legal system is known as the common law disputed to worldwide systems, which
are based on civil law. Common law come up in the process of stabilizing a single legal
system through the country. The equity was created later as to minimize the formal
strictness of the common law. These two main systems are combined.
Civil law involves the relationship between citizens as individuals and represents a form
of private law. Through this legal mechanism individuals can claim against other having the
rights enforced and umpire. The civil law main purpose is to arbitrate conflict among the
people and give cure. It is the State role to establish the framework of general regulations,
in relations to civil law and give the courts to work those rights. As generally aspects of civil
legal system are contract, property law and Tort (Kelly, 2012-2013)
Criminal law is a legal form of public legislation and includes an enforcement of specific
forms of attitude and behaviour. It states as a representative of people of society acts to
create the positive environment to assure the acquiescence. All the criminal cases are
invoked through the United kingdom in Crown name, whereas civil case is related to parties
involved in the debate. Under the criminal legal system, a public prosecutor defend a
suspect. (Kelly, 2012-2013)
The difference among criminal law and civil is that the level of proof required in antithetic
cases are different . Thus, someone can raise the chance to succeed in a civil case even if
there may not be enough proof for criminal defence.
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In the Great Britain legal system is formulated through Parliament. Because of status of
laws- making develops the main body of legislation related to great Britain of parliament.
Primary legislation consists of parliament acts developed through passage of bills by the
particular process in House of Lords and Parliament. A bill is a suggestion for a new legal
system and also modification in existing legal system that is show for the purpose of consult
in Parliament. Legislation can be created indirect through local authority and government,
which had provided legislate power through an facultative Act.
Some kinds of legal system considered by Parliament(Trueman, 2015)
If Government wants to pass a bill their must assure that all sectors or areas have been
analysed and many groups are consulted, such as: experts, leaders of trade union, if there is
any kind of issues and problems related to trade organisations, treasury officials if there are
monetary implications. After that step, a draft of bill might be published. By doing this, the
Government is giving the opportunity to people to give their views and opinion. After
drafted a bill and agreed on members of parliament, it will go to the House of Commons for
the first reading. Then second reading is first opportunity to Government or members of
parliament to discuss on the important aspects and principles of bill. It can take years from
the time that bills are developed in House of Lords and parliament the for discussion,
investigation and improvement. After agreement of both Houses on a bill, it is presented to
the royal Assent. If the royal assent will passes the bill ten, It will back to the parliament and
and becomes a law (UK Parliament , 2017).The next steps are shown below:
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Comparing common law with statutory, common law can’t change statues whereas
statutory in general has power to modification in the present common law. The legislative
act can be rule or revised through a later statute. (UK law online, 1998)
Statute law differs from common law because it relates to the source of law. Common law is
made by judges sitting in court, whereas statute is a formal body of legislation produced by
government. (Laws , 2017)
To keep the law under review was created an independent body established through the
Parliament by Law Commissions Act, 1965. The organization is managed and controlled
trough Chairman and is named Law Commission which are serving primarily England and
Wales occasionally United Kingdom. The main objective of commission is to assure about
the legal system is cost effective, simple and fair (Law Commission, 2017). Law
Commission main advantage is the ability to investigated in any area of law which need to
be reformed. Also, they minimize the task set for ministers by making draft Bills for the
Parliament to introduce. This organization also can take part in wide consultation and make
recommendation to avoid the issues in the application of law. The disadvantages of this
organization is that the parliament often ignoring their proposals, as don’t have time for
non-urgent law reform. Another disadvantage, is that the Commission should investigate
around 20-30 area at the same time, which means each investigation is not detailed enough.
The English Legal system is complicated and confusing as various kinds of case which are
dealing within particular judicature: for example, the all cases related to crime will start in
Magistrates’ court, but more serious criminal will be forward to Crown Court.
sometimes the civil cases will deal with justice or Country Court. After appeals will go to the
High Court & though to different division Appeal court.
There is a particular structure of Tribunal system which deals with appeals & cases,
however decision from Employment Appeals Tribunal and Upper Tribunal should go to
judiciary for appealing.
The framework of court covers Wales and England, whereas Tribunal system covers England
Wales and Scotland and North Ireland.
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Crown Court is a Single entity has 77 court centres across the Wales and England. This type
of court deals with the criminal cases, seriousness of offences: class 1, class 2 and class 3,
and appeals against conviction. All cases start in the magistrate’s courts then suspect will be
forward to the Crown Court for the basis of trail. (Courts and Tribunals Judicary, 2017)
Magistrates’ Courts deal with all cases of the criminal court in magistrate’s court. Most of
the serious offense are passed on to the Crown Court but more than 90 % will be completed
there. Magistrates are unpaid but trained members of local community, who work part
time, dealing with criminal cases. (Couts and Tribunals Judicary, 2016).
Country Court deal with non-criminal, civil matters. In this court are working those judges
who are non salaried sit in Country deputy Circuit Judges and Court- Deputy District Judges.
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The effectiveness of the legal system in terms of recent reforms and developments. (M1)
Section 2 - Impact of employment legislation
Organization must comply with all applicable laws, rules, codes and standards. The laws are
mandatory, whereas codes, rules and standards are not. Depending on the type of
organization that must know all the laws related to it and how to benefit or should apply
them within the organization to avoid the risk of being caught out by not knowing the latest
law.
Employers have responsibility to ensure the health & safety of its staff members which are
mentioned inside the a contract. Employers are responsible if in case they ignored to
provide safe working environment or precautions. Also, the manager is placed inside to
conducts its business in a proper way that does not threaten people other than staff
members who can be impacted through it. This involves visitors or autonomous contractors.
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a) Employers’ legal obligation in relation to:
Safety and Health policies
The 1974 Act seek to assure that staff members are included in and well informed about
safety and health arrangement at work place. A manager who have five or more employees
must have a written policy related to safety and health and assure that this is updated and
brought to their attention. Also, the work place process must be assisted by a safety
committee. If is required by BIS regulation the employer should discuss about this to the
expert of safety and health.
Safety and health Executive (HSE) officer have the power to enter & investigate to
workplaces and implement endorsement under the 1974 Act. This has been widened by
other consecutive legislation, for i.e. the “management or health and safety at work
Regulation 1999.
What the law require hire is that employers must manage to look at what the risks are and
take sensible measure to tackle tem.
Equal Opportunities justify the thought that every workers of an enterprise have authority
or right to use all the facilities which are available at workplace at every phase of
employment, consisting the pre-employment stage.
The Equality and Human Rights Commission (EHRC)
UK has different statutory bodies that deals with limited aspects of discrimination. In
October 2007, the three commission: Equal Opportunities, Disability Rights and Racial
Equality; were brought into a new body named Equality and Human Rights Commission
(EHRC). The EHRC performs their function, but with the power sanctioning it to performing a
role in reviewing anti-discrimination lawmaking as a body. Also, it is liable for promoting
culture of equivalence and rights of individual. This means any individuals should have the
chance as follows:
 To be treated and promoted while employed with the organisation.
 To apply and select for post pre- employment. To have their employment terminated equally and fairly.
The Equality Act 2010
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The Act protects individuals against unfavourable treatment with references to nine
protected characteristics:
 age
 race
 sex
 pregnancy
 handicap
 married position
 sexual orientation
 religious believes
 gender reassignment
Discriminating because of any of these nine characteristics is against the law.
The Acts states for forms of relevant behaviour:
1) direct or indirect discrimination
2) victimisation.
3) harassment
Direct discrimination includes discrimination by perceptive and by association, mostly
similar to those in the Disability Discrimination Act (1995 with amendments, controlled the
rights to equal treatment of people with disabilities prior 2010). This act give rise to liability
of their effect to treat disable person less favourable than some who is able- bodied.
Indirect discrimination means if an unjustifiable practice is applied basically to people who
are at disadvantage, due to their situation, for eg, their height or pregnancy etc.
Providing this discriminatory behaviour, it means of achieving a legitimate aim is a good
defence.
Exploitation
According to this approach it prevent individuals or entire society who has asserted their
authority as per EA or someone helping them from consequent care by their supervisor. It is
not necessary to search a comparator to regulate obligation but the sufferer must have
suffered few damage. (pg.418)
Harassment
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Harassment is when someone behaves in a way which offends other one or makes that
someone else to feel intimidated or anxious. This is a form of discrimination under the
Equality act 2010.
There are multiple kinds which are stated as follows:
 Friendless attitude linked to the claimant’s sexuality which has the motive or effect
of disrespecting their pride (humiliating or offensive environment, hostile, degrading)
 Discarded implementation of a sexual behaviour that have similar purpose of
influence as per preceding. Bad handling or molestation on the basis of sex assignment. Person who is suffering
may have been troubled by someone who treats them badly or by a mediator.
Unwanted behaviour could be: jokes, facial expression, images, offensive emails, comments
on social media sites, written or spoken words.
Unlawful harassment could be connected to such things as: disability, age, gender
reassignment, religion believes, sex, race, sexual orientation.
For example, if you experienced harassment because you are breastfeeding, recently given
birth or pregnant, this could be harassment related to sex.
The Equality Act calls these things protected harassment characteristics.
1. Impact of employment and contract law on business
“A 16 years girl was appointed by an organization who is serving fast food for making fries for
customers. Therefore at the time she is performing her work she slipped on water leaking from an
ice-making equipment and due to that her hand is fall into pan. Along with this, she get injured and
sustained a severe severe burns to her left arm and forearm. In fact at that company is having
minimum employees at workplace and leader is also busy in his work.
The contract terms:
A bidding is a written clearly defined is offering by unitary part and accept by another one.
The size is determined by the complexity and nature of the contract. Not each contracts
statements are needfully of the similar position. A contract must consist some expressly
terms, like the cost of provided services or number of hours involved. Also, the parties may
be conjugated by few implicit terms that has not been discussed. Some status are critical to
the agreement, whereas else, like assurance are determined by parties and maximum for
piddling. Hence, various judicial outcome follow from failure of them.
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Failure of premises provides the contused party the authority to care itself as escaped of any
upcoming written agreement obligation and to demand compensation.
Failure of warranty does not entitle the party which was injured to reject to execute its
contract side.
Health and safety at work under 18’s.
In the above scenario, it seems that the employed girl is a 16 years old girl.
If an employee is below 18, the supervisor need conduct evaluation of realizable risks to her
well-being and security, before employing. Beside the age, the employer must take into
account the absence of experience and another matters which might be a risk. Thus,
working below 18, there are particular limitation on performing definite kinds of business. In
the above case the 16 years old girl, was involved in a health risk job, because of extreme
heat. The only circumstances allowed by law to do this job is:
b) A necessary training
c) Supervised by an experienced person
d) The risk is reduced to the lowest level that is reasonable.
In the given scenario, it’s not mentioned about if the 16 years old girl employed had a
training, before being employed. Let’s suppose that she had a training, but at the time of
accident she was without any supervising adult which is again a violation of the regulation.
In the scenario described situation, it was assumed that the floor was slippery, because of
leaking water from ice-making machine, that means the goods in that fast food outlet
wasn’t working properly, which is against the standards.
The Health and Safety Commission investigation can easy detect all the difficulty, on regular
basis: water pooling on the flooring in the cooking area, vegetable steamed area, negligence
of the staff and working in dangerous circumstances without supervising.
Because of all the above description, lack of respect to regulations and standards, the fast
food shop might have to undertake monthly checks and of course that would result to
some financial loses caused by amendment, worker compensation, cost of replacement of
employer, insurance fees can go up, reputation, thus, less customers.
That kind of situation can be avoided by taking a suitable risk assessment and put in place at
system of work, that means a good communication from the lowest level to the managerial
staff. Negligence is the area of tort involves harm caused by failing to act as a carelessness
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possibly with extenuating circumstances. Managerial staff should provide suitable training
especially for 16 years old children and point a permanent supervising person.
Section 3 – Lawful solutions for organizational barriers.
3. 1) Calvin is designer who is performing job in a fashion company and he was working for a
last four years. His supervisor Donna reaches at workplace on Monday and identifies that
Calvin acting differently so due to this she checks petty cash box of an organization where she
founds missing of some amount. Thus without getting aware about relevant facts and figures
Donna dismisses Calvin for fraudulent activity. In fact she even not provided any prior notice
and declare Calvin as a thief. Suggestion for Calvin as per unfair dismissal and wrongful
expulsion.
2) Father of kelvin who is Dan buy a small convenience store but because of fire overall store
get destroyed. After that Dan again opens other shop in new a area and applies for fire
insurance for protecting their store. Therefore proposal which is fills covers different queries.
“Have you demanded any claim as per insurance policy in last two couple of years”? Dan
replied “no” because according to him previous claim was more than 2 years back which
means it is 23 months ago. Therefore insurance organization rejected to pay the claim.
Suggestion for Dan.
legal concept
Usually it is the employee who discharges their employment contract by giving a notice and
moving for another job. Sometimes things do not happen like that and it’s the employer
who takes initiative. There are various kinds of time period: statutory and contractual. The
minimum legal notice that can be described as follows:
 unitary time period notice if the workers has been hired by the leaders consecutively
for one month or maximum, but for fewer than two years
 two weeks’ notice – if has been employed by the employer consecutively for two
years, and the additional one week’s notice for each further complete year, being
employed, up to a maximum of 12 weeks.
Employee must give a legal notice of a minimum one week once they have worked for at
less one month. However contractual notice can be decided by the employer which can be
longer that legal notice. Sadly the, sometimes employers can break the laws protecting
employee’s rights at work.
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There are three ways in which the employer may illegally bring the contract to an end. Wrongful dismissal is a term which means an employee is terminated in wrong way
without following necessary terms and conditions. For example as per above scenario
of Calvin his supervisor Donna dismissed him without giving any prior notice which is
consider as illegal according to law terms and conditions. Therefore an employees
have authority to claim and file a case against this injustice. Unfair dismissal. In this arena legal bodies have enacted few indispensable changes
with the help of enterprise and regulatory reform act 2013. Therefore it means an
individual have authority to claim for unfair termination of an employees because
according to legal rules and regulation individuals have right to raise their voice
against unfair treatment. Redundancy. An employer may need to reduce the size of workforce, but an
employee consequently made redundant has the right to be treated fairly in the
process and may have a legal entitlement to compensation.
According to given case study of Kelvin father they have obligation of filling case
against insurance company because as per law of UK, legal bodies doesn't enacted any
specific law related with this above case. Apart from this number of solutions are present for
organizational barriers which are explained as follows:- Implementing strict policies and strategies for resolving issues. Maintain the formal system of an enterprise. Consideration of relevant facts and figures while dealing with business risk for
instance kelvin father need to accumulate necessary information before claiming for their
money.
Therefore, it has been analyses that penalized party have authority to claim for their
losses because there is absence of fixed time period or any duration.
1) According to given scenario Calvin is working in an enterprise from last four years but
suddenly he get dismissed by his supervisor without any prior notice. Therefore, it has been
analyzed that according to law action which was taken by superior of Calvin is wrong
dismissal because proper Donna don't have any proof that Calvin is culprit. Along with this,
she don't have any authority to dismiss their employees without any genuine reasons. Thus,
as per rules of legal bodies Donna have to conduct proper investigation programs for
identifying the actual culprit of theft before taking any final decision.
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2) As per scenario of kelvin, his fathers is having store bit later on his store is destroyed
due to sudden fire. Therefore, he needs to take effective decisions by claiming insurance
company for demanding recovery money. According to law there is no specific acts related
with insurance it means suffering parties have right to claim for their damages anytime.
P4) Recommendation
According to the contextual analysis of Calvin who is a planner and was working in
expansive design house. His manager Donna finds that £ 100 is lost from unimportant money
box and suspects on Calvin and reject him from work without any notice. Such sort of
rejection is called wrongful and unjustifiable expulsion and counsel ought to be given to
Calvin for assurances under these expulsions.
Wrongful expulsion is called where representative get expelled without any notice or
any appropriate measure of notice is not given to worker or when there is an end of business
in opposition to contract. This sort of expulsion is on the premise of genuine contract among
representative and boss and accordingly the ruptures in shrink by boss offer ideal to worker to
sue him for wrongful rejection. Then again, unjustifiable rejection happens when a
representative get expelled and after that he meet all requirements for a privilege to have out
of line expulsion assert, when boss is not having reasonable motivation to expel worker, or
when boss having reasonable reason, however matter was managed in out of line way.
Unjustifiable rejection is considered as statutory right since it is secured by the Act of
parliament. Prompt can be given to Calvin with respect to rights under unjustifiable expulsion
security, which can be characterized as takes after:
(1.) Workers have to create a friendly relations with other staff members.
(2.)It is essential for employees to finish their 1 year of work experience in a specific
association.
(3.) Retirement age for employees are 65.
With a specific end goal to be qualified for guarantee in regards to wrongful
expulsion, Calvin should think around a few things as he gets wrongfully rejected from work.
By work expelled, it is implied that business contract is fired by manager and worker
did not concur for such end or have not surrendered intentionally. By the word wrongfully, it
is implied that the end was not as per contract terms. Apart from all this an appropriate legal
solutions is amended to overcome the difficult situations and problems which may occurred
in an enterprise. For example conduct activities and program mes, create a healthy
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environment etc.
Calvin can likewise make a case in regards to wrongful expulsion under Employment
Tribunal in 3 months from the date of end, and in 6 years if assert is being made with the help
of court. The greatest sum for which a representative can guarantee for in business tribunal is
of £25k. On the off chance that a sum which a representative is looking for contract's break is
more, than case ought to be made in courts.
P5) & M4 Justification for solutions
Every person or an enterprise part of a nation requires to follow legal rules and
regulations The distinctive arrangements which are given for above case are part of lawful
arrangements. Every single such arrangement are useful for both, the individual against
whom the case has been recorded i.e. manager or an association and for a man who has
recorded a case i.e. a representative. Name and picture of a specific business assumes a
crucial part in its prosperity, if Calvin will report against or document a case on form house
than mark picture or notoriety of an organization will go down which will in the long run
have effect on deals and additionally benefit of an association. Keeping in mind the end goal
to stay away from such sort of circumstances, it is by and large favoured that any issue which
is against an undertaking ought to be comprehended out of court on the grounds that if case
has been documented by Calvin then it will be requiring immense measure of cash which
ought to be paid to attorney. Settlement which is made without association of court will help
in sparing huge measure of cash of both the gatherings and holding up will likewise be not
done by them in regards to freedom of issue.
Legal arrangement of a nation takes such a great amount of time in taking a few
choices which are not of advantage for the gatherings. In other instance of Dan, protection
guarantee has been dismissed by insurance agency which is made by Dan. This issue can get
extended for a vast time so it has been encouraged to the insurance agency to pay sum for the
harms according to the protection demonstration. In the event that this issue will be taken in
court, and organization loses the case than their notoriety and goodwill will diminish which
won't be valuable for protection industry. There is some recognition likewise with respect to
the arrangement of issue which might be hazardous. By and large it has been educated to
make arrangement concerning matter without the association of court for each situation. In
the event that design show up in court, at that point might be they can clarify reason in
regards to rejection of Calvin without the formal notice, in spite of the fact that organization
ought not do this and fire him in the wake of giving reasonable reason and notice, however in
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the event that great attorney has been designated by them at that point organization will have
the capacity to speak to a few realities which will bolster in persuading legal framework in an
appropriate way. There are not very many shots for an organization to win a case,
subsequently it has been encouraged to comprehend matter without making contribution of
court.
Their issue can be comprehended outside the court yet in the event that there will be a
contribution of legitimate framework then it won't be of good help of every single one of
them. A few lawful charges and high expenses host to paid by both the gatherings and there
will be a contribution of loads of time, which won't be helpful for them.
a) Concept and benefits of using Alternative Dispute Resolution process
Alternative Dispute Resolution is a process of resolve any type of problems of issues
among an employee and employer. In this, there is no involvement of courts. The
government and the parliament of United kingdom support this Alternative Dispute
Resolution system. The main motive and aim of ADR is to solve any type of issues or
problems. In relation to this, there is no role of legal system. The common and the
foremost methods of this Alternative Dispute Resolution are arbitration, conciliation,
adjudication and the mediation. But United Kingdom country follow and use only two
systems mediation and arbitration. At the time of resolving issue or any type of conflict,
then in this case, there is a need of arbitrator or mediator who is common among both
conflict parties and also expert in problem or dispute solving. The main disadvantage of
this Alternative Dispute Resolution is that it is not official. In United Kingdom, there are
many supporters of this. This dispute resolution has some advantage and some
disadvantages:
Advantages:
 This process is very flexible.
 It is not expensive because there will be no need of paying money in courts.
 It is very useful in case of any type of disputes or conflicts. This process is time saving
because there is no requirement of going court.
 The conflict party appoint an arbitrator or a mediator from mutual consent and they
are specialized in conflict solving and provide quick and fair decision.
 The main focus of Alternative Dispute Resolution is on problem or conflict solving.
 The process of problem solving is handled in relaxed atmosphere, informal and in
this people feel not hesitated and it is a private settlement.
Disadvantages
 Its main disadvantage is that it is not a formal process or can say that there is
rules and regulations of this.
 The people do not follow all the guidelines and rules in context of conflict
solving. It can cause uncertainty and in consistency.
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 If in case, the arbitrator did not make a proper solution then in this case
people have to go court and it will be more expensive and time taking.
 In this, there is no more legal expert and they are not trained legally.
 In this, the arbitrator decision is final and after that there is binding up of
case.
b) Recommendation
Alternative Dispute Resolution is a way to resolve any type of conflict.
In this the two dispute parties, appoint an expert for make a proper solution of problems. In
context to given case of Antwon and Tyrell. Antwon is a owner of a business enterprise and
he is a big issue and conflict with Tyrell. Tyerell is a owner of a software company and its
main work is to develop effective software programs. Their conflict is from longtime and
they want to resolve this from mutual consent. In regard to solve dispute, they both are
taken help from Alternative Dispute Resolution process. In ADR process of United kingdom
involves arbitration and mediation. They both are very specialized in their field but it is not a
legal process, there is no involvement of courts.
Arbitration- It is less formal that courts. In this, the two different conflict parties
appoint an arbitrator and this person has problem solving skills. Before make a proper
solution, arbitrator listen the problem of both the parties and then make a proper and
mutual solution which is in the favour of both parties. It should be binding or not binding. If
both conflict parties are not agree from the decision of arbitrator tehn in this case they can
go courts.
Mediation- In this, to resolve conflict, different conflict parties take help from
mediator and this is an impartial, independent third party. This third party has not any type
of legal power. This process is flexible in nature and it can settle many types of conflict such
as family disputes, consumers conflicts, neighborhood dispute, contract dispute etc.
On the another hand, the process of Alternative Dispute Resolution of United States
is different from ADR of United Kingdom. In United States, to resolve dispute, there is an
appointment of arbitrator. In context to this, there is a labor arbitration and in this there are
two types arbitration included and those are grievance and the Interest Arbitrator. In United
States, Alternative Dispute Resolution is a very effective process, it is also helpful in
development of country.
Hence, in case of Awton and Tyrell, for resolving conflict, these two parties taken
helps from arbitration. With the help of arbitration, they can resolve their issues without
help of courts. It is a best and easy method of Alternative Dispute Resolution. It is a less
formal process than the courts.
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