Business Law Report: Analysis of English Legal System and Business Law

This report provides a detailed analysis of the English legal system and its relevance to business operations. It begins with an introduction to the structure of the English legal system, outlining its key components such as statutory legislation, common law, and civil and criminal laws. The report then explores the role of the government in making laws and regulations, including the process of passing bills and the influence of various interest groups. It also discusses the legal obligations of employers, covering topics such as employment rights, pensions, working time regulations, and minimum wage laws. Furthermore, the report examines legal solutions to business problems, including alternative dispute resolution processes. The report references relevant statutes and case studies to support its arguments and provides recommendations for legal solutions in various business scenarios. Finally, the report provides an overview of the role of justice courts, including magistrates' and county courts.

BUSINESS LAW

Table of Contents
INTRODUCTION...........................................................................................................................1
TASK 1............................................................................................................................................1
P1 Format of English legal system and various resources of laws, organisation apply..............1
P2 Role of government in making laws and regulations, statutory and common laws of justice
courts...........................................................................................................................................3
TASK 2............................................................................................................................................5
P3 Employers' legal obligations..................................................................................................5
TASK 3............................................................................................................................................6
P4 Appropriate legal solution in respect of business problems..................................................6
P5 Justification for solution by referring relevant statute and appropriate case study................7
TASK 4............................................................................................................................................8
P6 Alternative dispute resolution process and recommendations an legal solution...................8
CONCLUSION................................................................................................................................8
REFERENCES................................................................................................................................9

INTRODUCTION
British law is also considered as English law. It is legal system followed in England and
Wales (Business Law, 2017). This law is basically divided in two sections as civil law and
criminal law. This report explains the laws and legislation made in English legal structure in the
UK. It defines various type of laws that are complied in organisational context. Government's
role is defined in respect of framing the laws and legislations. Application of statutory and
common system in terms of justice courts described in this context. Employers' legal obligations
are explained subject to occupational health and safety, workers compensation, harassment and
equal opportunities. Legal solutions are provided for business problems. Alternative dispute
resolution process also discussed subject to given case scenarios.
TASK 1
P1 Format of English legal system and various resources of laws, organisation apply
English law system is based upon principal elements and concepts. This system is
authorised structure of statutory legislation which constitute the acts of parliament, bye laws and
regulations (Lawrence and Weber, 2014). This legal system is used in absence of common laws,
statutory laws. Principles of stare decisis forms the residual, source of law, judicial decision and
custom usage. Legal structure of English is divided in below parts
Legal terminology
Civil laws and criminal laws: All the criminal cases and crimes are considered in this
law. Civil laws contains the cases related to tort, bailment, agreements and contracts. These are
treated as companies law tribunal and effective case studies. There are enforcible claims and
compensations cases treated in civil and criminal laws.
Common and civil laws: This law is considered as systematic legal structure in Europe.
Civil laws are founded by Roman law, there are some significant parts and chapters considered
in common civil law.
Common laws and equity: this law is considered as judge made law of the King's Bench.
Court of Chancery is known as now defunct or equity. This law mainly centralised around trust
and similar curatives. This law majorly works around principles of maximum of equity.
Common law was combined with statutory reform by the end of 19th century.
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Private and public law: this is the law which contains the rules related to law
government relations. This law is formed to resolve the issues and conflicts related to public and
private relations in respect of managing the ethical public, private and social relation in
environment.
Legal remedies: this indicates towards the rights and compensations in respect of claims.
There is lawful consideration provided by the court to the parties (Kojima, 2010). This indicates
towards the self help remedies, lawful wishes to remove. This law provides own steps and in
respect of proceeding the private nuisance.
Various type of legal sources and legislations applied on organisation
Employment right acts, 1996: this act is formed in the year 1996 to protect the rights of
employees in organisation. This act is divided in fifteen parts and contains 245 sections in
respect. It protect the disclosures, meanings and protection of wages and compensation. This act
is a combination of multiple sections and chapters which bifurcate the legal terms and norms of
employment complaints. This act covers the normal rules and legislations as leaves, final
payments, termination and adoption of employees in organisation.
Pension Act, 2008: this act contains the rules and guidelines related to payment of
pension to employees. In 2017 some amendments are made in new pension scheme act in which
legislations are dived in three parts. First part covers the rules related to master trust, second part
contains the rules related to administration charges and third part covers the legislations related
to general. Legal norms and regulation are described in respect of final payments to employees
after completing their service period. Sections and laws are made to provided flexibility to
reduce the long procedures. Employees are authorised to get full and final payment of their
pension amount or part withdraw of the amount. Employees has to go through a formal
procedure to get the amount of pension in time. Different type of scheme are made which
contains the rights of final withdrawal and payments.
Working time regulation act, 1998: this is the act which defines the rules and regulators
regarding working hours. There are some amendments made in 2016 regarding working hours,
late shift working, working hours in manufacturing and production industries, time duration in
service providing organisation (Wheelen and Hunger, 2011). There are some specific provisions
and rules made for extra working hours and overtime. Business and organisations are bound to
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follow the guidelines and legislation given under working time regulation act 1998. pattern of
work
National Minimum Wage act, 1998: this is the act cover the rules related to minimum
wages paid to employees. There are fifty six sections formed in this act to determine the
minimum wage rate of employees. Wage rates are defined subject to various type of business
organisations. Separate payment system and legislations are made for payment such as payment
to employees associated with agriculture businesses, workers and labours work in manufacturing
and production industries, payment of wages to share fishermen, voluntary workers and other
religious communities.
Magistrates' Court
this judiciary deals with all the type of criminal cases in magistrates' court. Moreover
90% cases are resolved in this court. It deals with three type of cases such as summary offensive
cases, either way offensive cases and indictable offensive cases. There are approx twenty three
thousand magistrates, one hundred and forty district judges and one hundred seventy deputy
district judges are considered in magistrates' court.
County court
These are the courts based upon jurisdiction which found in more than one countries.
This remain bifurcated as per administration divisions within a country and not to be confused.
This courts are assisted by high sheriff of each country.
Crown court
Crown courts remain connected with the high court of justice and the court of appeal.
Most of the cases are passed by magistrates' court. Crown courts are located at 90 location in
Wales and England. This is conducted by the HM courts and tribunals services.
P2 Role of government in making laws and regulations, statutory and common laws of justice
courts
There is large amount of contribution of government found in respect of making rules,
legislations and policies (Cameron, 2017). There is specific procedure made in respect of passing
the bills. There s a procedure defined below as;
An issue or problem on the government's agenda
Agenda of government remain centralised around amendments and application of new
rule and regulations in public and social welfare (Villafiorita and et. al., 2010). It is centralised
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around general elections. All the rules and regulations are made to maintain effective and ethical
environment in nation. This is the main reason political parties analyse the interest and
involvement of British voters subject to passing the bills. There is a clear vision presented in
front of public and voters. Campaigns and awareness programs are held by the apolitical parties.
There is a democratic environment found in the UK. New government frame the new legal
structure or rephrase the existing legal structure by their own way. Transparency is one of the
common factor kept in mind while implementing and changing new legal structure.
Legal structure can also be changed in disaster situations, unbalanced economical
structure and in the conditions of crisis. Special interest groups and divisions helps to manage the
legal structure in miserable conditions.
Ideas for addressing and issue are considered
A public issue or problem is opted to sorted out. Finding out the issue is the fort work and
what is need to do for further is the another process (Cheeseman and Garvey, 2014). Aims and
objectives are made in respect of passing the budgets and bills. Sources and informations are
gathered subject to issues and problems. Governing and opposition parties are the main parties
which keep engaging to establish their empire. Issues, conflicts and problems remain associated
with the deciding the tax provisions, education and health issues, suggestions and problems
regarding issuing new legislations and rules. There are sub groups remain divided in little forms
as civil servants and lobbyist. It is nor important to get the source of origin related to issue and
conflicts, it only indicates towards the consent of government ministers.
Consult with the interested person
Interested people and associated persons participates in making the plans and budget to
make effective and ethical plans. There are various type of issues and problems discussed with
the interested people (Ucbasaran and et. al., 2013). A conclusive result and report is prepared
with the help of combined efforts. It is not a surety of proceeding he bill in parliament and pass
the law. There is an specific time duration and procedure defines in related to shape and inform
the proposal to experts. Some times the conflicts and issue also incurred in between the experts
and interested people. There is an initial outline made on 'green paper' and 'white paper' produced
to form the ideas in a formal statements.
Consent of cabinet ministers subject to proposals
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It is require to get the consent of from the cabinet ministers to pass the budgets, laws and
legislations. There must be a free consent and acceptance given by the members of parliament
subject to passing the ideas further. There is a chain system found in the ministers in parliament
around which the idea roams (Czinkota, Ronkainen and Moffett, 2011). It is also required to
monitor the flow of idea whether it is active or not. A proposal is selected by the authorised
persons and committee to frame the legal structure and legislative program. This is the
committee which make the final decision in respect of proposals and ideas. It is required to build
an ethical relation with the effective management and approach in the parliament.
Proposals are made into 'bills'
as the proposal get approved by the cabinet ministers, the ministry become responsible to
design the instructions for the bills. There is team off experts and highly specialised lawyers
remain associate with the proposal (Dickerson, 2011). This team is called as parliament council.
Principles and concepts are outlined to specify the aims and objective of proposal. There is a
detailed legislations are defined subject to pass the bills and plans. Preliminary sessions are
announced in the form of Queen's or King's speech.
Parliament considers and scrutinises bills
These are considered as parliament proposals, called bills introduced by the government
of the UK. A similar process is found proceed in respect of passing the bills.
Parliament stages
There are various stages found under the lords or the common chambers.
First reading
Title of the bill simply read out in this stage. A copy of bill simply provided to members
of parliaments.
Second reading
Members of parliaments consult the prime principles of bill and individual voting system
is adopted to get approvals in respect of proposals (DiMatteo, 2010).
Committee stage
this stage tells the step by step process of delivering the proposal among committee.
Major changes and amendments are proposed and chosen by voting system.
Report stage
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changes and amendments are taken as a report format to the house. Members of
parliaments review the amended bill. It involves the previous stage contains charges and fees.
Third stage
Debate and hard discussion made in respect of passing the ideas and proposals. If the
arguments contains the logic then further changes and amendments are done.
A bill approval by one chamber considered by the other
This is the final stage of getting approval upon bills and ideas. One the bill get approved
the official announcement is done in the house to satisfaction the idea for implementation
(Schuttauf, 2011). If lord thinks that changes and amendments are required still then again the
proper procedures will be followed from starting to end.
TASK 2
P3 Employers' legal obligations
A) Legal obligations which are made to bound the unethical and inappropriate practice of
employers.
Occupational health and safety Act R.S.O 1990, C. O.1: Rules and regulations are made
in respect of health and safety of employees at work place. Occupational Safety and Health Act
of 1970 covers the rules related to injury and illness of employee at workplace. WHO (World
health Organisation) produced the rules and guidelines which are followed by the multinational
organisations. This is the obligation which indicates towards providing health and safety features
to employees at work place. As per factory acts introduced in 1802 subject to providing health
and safety equipotential tools to employees at work place.
Workers compensation: Compensation is a form of consideration paid to employee in the
situation when he/ she got hurt due to accidents at work station. As per statutory compensation
Act 1923 issued by the UK parliament, there are legislation made to protect the rights related to
compensation to employee for the damage occurred at work place (Scherer and Palazzo, 2011).
As per this act the benefits are given to the affected party or his/her dependent. Workmen's
compensation act 1906, and 1897 covers the rules related to compensation. There is a specific
portion of this act is related to National Insurance act 1946.
Harassment: It is a act of inappropriate behaviour which spoil the dignity and modesty of
a person. Harassment Act 1997 covers the rules related to preliminary provisions, criminal
harassment, civil harassment and general provisions. The Sexual Harassment of Women at
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workplace (Preventions, prohibition) Act, 2013 also protect the rules related to women
harassment. A person who is uncomfortable in the environment or exploited by another person
are considered in this cases. Harassment is considered as unethical and offensive act in the eyes
of law. There is no any place for this disgraceful act in organisation.
Equal opportunities: Equality is the right of a person and no one is authorised to snitch
this right from any person. In organisational context equality indicates towards providing similar
and equivalent work opportunities to employee. There should not be any kind of job
discrimination found at work place. To make ethical and environment friendly environment in
bushiness legislations are made to protect the rights of employees.
B) As per the case study it is seen that the incident took place at work place which harm the girl
and have to bear the loss. In this case the girl have the rights to get compensation whether in
monetary and non monetary form (Sanyal and Samanta, 2011). As per workers compensation
act, organisation is liable to pay the compensation to girl for the damage and the loss. Workmen's
Compensation act 1897, employee's compensation act 1923 and legislation under workmen's
compensation act 1951 will be applicable to this case.
Risk assessment
Section 19 covers the rules related to safety and health and welfare at work place 2005. in
the above case the employer should mentioned the risk factors associated with the workplace
such as cook fries range, precautions to keeping the ice cream and refrigerator. As per guidelines
there must be separate place to be kept for placing bailor machines and refrigerator. Buy there
were not clear instructions were given by the employer. The possible caused must be properly
explained by the manger to employees and customers.
TASK 3
P4 Appropriate legal solution in respect of business problems
Case 1
As per above scenario it is seen that Calvin is an employee working in the fashion house
for four years in the organisation. Donna is an employer who appointed Calvin in the
organisation. A incident happen on Monday morning when she come in the office and found
£100 missing in the petty cash book. She saw Calvin is engaging in suspicious activities but
there was nothing behind the overall scenario ( Grundfest, 2010). Despite of knowing the fact
she terminated Calvin from the office without any clear evidence and formal letter.
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As per the Employment right act 1996 Donna do not retain the rights regarding
termination or dismissal of Calvin from his job. As per the act there is a formal notice need to
given by the employer with the clarification and proper evidence.
Unfair dismissal and Wrongful dismissal
As per the employment rights act, 1996 regulations, employment protection Act, 1978
and employment rights act, 1996. Unfair dismissal or wrongful dismissal indicates towards
unethical termination process of employee. It is a breach of contract made between employee
and employer.
Case 2
Kevin's father Dan is a proprietor of a small convenience store. There was an incident
happened in organisation, store went on fire and destroyed the store. Dan has to bear the huge
amount of loss due to this incident. He managed the business with the remaining resources and
started the business activity at another place. He applies fire insurance, there was the clause in
the agreement which was “Have you made any claim on an insurance policy in the last two
years?” Dan simply replied no. but after analysis the officer found that Dan took a insurance
claim 23 months ago. Dan thought that his previous claim might be matured and can apply for
the next insurance claim. But in actual he is not entitled to get the claim amount. He only be
eligible to claim the insurance amount after completing 24 months. But till the duration of 24
month insurance company will not proceed the claim complaint.
Types of misrepresentation
Fraudulent misrepresentation: When a party knowingly violate the policies and
breaches the contracts by presenting fake reports and fraud statements then it is considered as
fraudulent misrepresentation. Figures and facts remain faceless and reckless subject to truth.
Negligent misrepresentation: this types of misrepresentation occur when both the parties
negate the legal terms and policies related to truth. This representations may also come out by
lack of care while preparing statements and contracts.
Innocent misrepresentation: this type of misrepresentation occurs when the fact and
truth remain present while making contracts and representation. In this case the parties will not
be in fault but the it can not claim for the damage.
P5 Justification for solution by referring relevant statute and appropriate case study
Clarification and justifications subject to case scenarios
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Case 1
The first case is related to unlawful dismissal and removal of employee from the job.
Employment legislations related to termination of employee defined in employment act 1996.
this is the situation which indicates towards breach of contract and agreement without any
official notification and legal notice to employee. Constructive dismissal is another concept of
wrongful termination of employee from organisation. According to terms and legal norms this
act is considered as unlawful.
Case 3
Another case related to legal terms and limits of agreements. Mr. Dan apply for the
insurance claim for the damage. There was a clause specifically defined that Mr. Dan is not
eligible to apply the claim before completing the minimum time duration of 24 months.
There are some legal sections are made in respect of Protecting the compensation rights;
as per the section 94 covers the rules related to termination of employee in US.
Section 95 defines the circular and circumstances in which employees can be terminated.
Section 96 contains the rules related to unfair dismissal of employees.
TASK 4
P6 Alternative dispute resolution process and recommendations an legal solution
Arbitration
It is a procedure indicates towards the procedure and systematic manner in which
disputes are submitted. It is a non judicial process of settlement of process which can be framed
as per the suitability of parties.
Mediation
This another method of ADR approach. This is the process of intervention helps to
resolve the matters and disputes occurs between two parties. Decisions are made by neutral third
party.
There is a process which is used to resolve the conflicts and issues for employees welfare.
This process is a combination of multiple methods and techniques. This is a process helps to
resolve the conflicts and issues between two parties. This process contains meditation,
arbitration, neutral evaluation and collaborative law (Gilson and Milhaupt, 2011). ADR process
keep confidential to protect the decisions. This is the traditional approach which is implemented
to reduce the stress and resolve the issues.
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This process is bifurcated in different steps as arbitration, case conferencing,
collaborative family law, meditation, neutral evaluation, parenting coordination and summary
jury trials (SJT). Monetary and cash dispute cases which are considered in this approach
considered in this process. This process is very effective and useful to disagreeing parties which
got affected by the agreements made between them. This approach is widely used by the parties
in from last years. This process not only helps the affected parties but also reduce the burden of
judiciaries and courts.
CONCLUSION
British law which is called as English legal system defined in this report. This report
defines the meaning of English law and various type of legal laws and legislations implemented
in organisation. Role of government to sanction the bills and passing the ideas are defined in this
report. Statutory and common law is applied as per the justice court. Workers compensations,
occupational health and safety, harassment and equal opportunities as an employers' legal
obligations are defined in this report. Appropriate legal solutions are given as per the case studies
and scenarios. Justifications are given subject to relate the probes with the solutions. Concept and
benefits are defined of Alternative, dispute resolution process.
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REFERENCES
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developing democracies. The American Journal of Comparative Law. 59(1). pp.227-
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Grundfest, J. A., 2010. The SEC's Proposed Proxy Access Rules: Politics, Economics, and the
Law. The Business Lawyer, pp.361-394.
Sanyal, R. and Samanta, S., 2011. Trends in international bribe-giving: Do anti-bribery laws
matter?. Journal of International Trade Law and Policy.10(2). pp.151-164.
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