Business Law Report

This report delves into Business Law, particularly focusing on the implications of Article 267 TFEU on domestic judges and its impact on business disputes in the UK. It discusses various forms of Alternative Dispute Resolution (ADR) and their benefits in employment-related disputes. Additionally, the report covers the Equality Act 2010, outlining employer responsibilities to ensure a fair working environment and compliance with legal standards. The report concludes that ADR serves as an effective method for resolving disputes while maintaining workplace harmony.

BUSINESS LAW
1

Table of Contents
BUSINESS LAW ............................................................................................................................1
INTRODUCTION ..........................................................................................................................3
1. Restrictions placed on domestic judges by Article 267 TFEU- Treaty on the Functioning of
European Union...........................................................................................................................3
2. Art 267 could impact disputes concerning the conduct of businesses in the UK....................4
TASK 2............................................................................................................................................5
Different forms of Alternative Dispute Resolution (ADR).........................................................5
Benefits of using ADR in employment
related disputes............................................................................................................................6
TASK 3............................................................................................................................................6
1) Who is protected by the EA 2010............................................................................................6
2) The different types of discrimination that are covered by the EA
2010.............................................................................................................................................7
3) What employers need to do to ensure a fair working environment
and compliance under the EA 2010............................................................................................7
2

INTRODUCTION
Business law is considered as a legislation policy that is considered as application of
various rights, relations and conduct. It is significant to focus on code of persons that have
integration and involvement with businesses as well as trade actions. It is also refereed as main
support of civil legislation that helps in dealing with number of conflicts that have integration
with private and public aspects (Zucker and Neslund, 2015). The present unit is going to identify
the main sources of European Union (EU) law as well as explain about restrictions placed on
domestic judges by Article 267 TFEU and how Art 267 affects disputes concerning the conduct
of businesses within the UK. In addition to that, benefits of using ADR in employment related
disputes and the role of ACAS are going to be discussed in this report. At last, a critical
discussion about The Equality Act 2010 (EA 2010) is made in the report while explaining the
duty of employers to ensure that their employment practices are complied with the law.
TASK 1
Sources of EU law
It has been identified that there are number of key factors which are related with the
European Union law. Classification of three key legislation bodies under EU can be as follows
primary law, secondary law and supplementary law. In addition to the primary law can be
referred as Treaty which is formed in association with European Union. On other side, secondary
sources are considered as combination of legislative devices which have dependency on the
treaties. Other than this, the supplementary legal factors are collective elements which can not be
considered under treaties. In addition to this, it has been identified that the Justice case-law
focuses on the number of basic principles in regard to the international law (Sources of EU Law,
2016).
1. Restrictions placed on domestic judges by Article 267 TFEU- Treaty on the Functioning of
European Union
According to Article 267 of Treaty on the Functioning of European Union, Court of
Justice within EU must have legal power to provide preliminary rulings in regard to the
interpretation of Treaties. In other words, Article 267 is said to be a legal instrument which
offers authority to the Court of Justice to develop a doctrine of supremacy and direct effects.
3

This article provides interpretation and validity of actions, offices, institutions or agencies of EU
(The Preliminary Rulings Procedure - Article 267 TFEU, 2016).
The specific situation where the question is raised earlier tribunal or court of member
state, then it can be required by the court of tribunal for the ruling, in case they consider that
decision is necessary to provide along with a justified judgement. However, when question is
raised from pending cases then judiciaries need to ensure that matter is being consulted
effectively before the court provides decision in against the subject as per consideration of the
national law. Furthermore, if any kind of doubt or question is occurred in respect to the person
who is in custody, it means the Court of Justice which is designed under EU have to take concern
action. Any kind of delay in the activity may influence the overall functioning of the court.
Nonetheless, it can be said that article is framed to make cooperative working smoothly
in national courts of EU member states (The Preliminary Rulings Procedure - Article 267 TFEU,
2016). This article has made restriction on domestic judges as well as national courts and they
cannot just apply their own interpretations on legal matter. Along with this, they have to follow
the rules designed by EU. With the help of such article, the incorporated factors can be
considered as critical aspect and provide intended relationship. Moreover, the consideration of
equality and coordinative aspects is referred as alternative system that support hierarchical
system of appealing. Hence, it can be further said that Court of Justice can provide ruling but
cannot direct the national courts. In addition to this, the improved focus on such factors helps in
effective sharing of jurisdiction existences that may occur among national courts and legislation
bodies that are formed under EU Law.
2. Art 267 could impact disputes concerning the conduct of businesses in the UK
Guidelines of Article 267 provide a legal framework for resolving the disputes which
concern to the conduct of businesses in the UK. By the means of its significance, it can be said
that with an application of such kind of legislative articles the flow of uniform implication and
interpretation can be promoted in effective manner. It is also necessary to focus on EU law and
ensure that the member states are considering it as essential part of legislative action.
Additionally, there are number of acts that are covered under the article and offered according to
key aspects of legal certainty and at the same time, it provides assurance of similar meaning of
law. For clearly explaining the article 267 and its impact on disputes concerning the conduct of
4

businesses in the UK, case of Flaminio Costa v ENEL (1964) Case 6/64 can be referred for better
evidence in regard to the learning. The above cited scenario is beneficial to understand the
landmark judgement which is incorporated by the European Court of Justice. It is also necessary
to have proper follow up of EU policies that are introduced for resolving the legal issue among
its members. However, there is a contradictory situation among both Italian Constitutional Court
and European Court of Justice while it is refereed as decision in regard to the above mentioned
scenario. Furthermore, case of Flaminio Costa v ENEL (1964) Case 6/64 has reflected the
decision in respect to the confirmation and policies which comes under Article 267. The
legislative acts under Treaty which have working as per European Union (TFEU) need to be
consider effectively. It has been identified that the legislative body have responsibility in regard
to the previous decision. It is considered as highest point of appeal while it comes under law of
both countries. Decision made in respect to resolve the dispute between state while providing
justice in situation, after viewing applicability of EU legislation.
TASK 2
Different forms of Alternative Dispute Resolution (ADR)
Alternative dispute resolution (ADR) means to address and settle the dispute between the
parties, outside of court’s via a traditional adversarial setting. In the present ear, the number of
alternative mechanisms has been designed by the courts in order to overcome the disputes and
reflects needs of society. It helps in taking decisions and ensure about the parties in regard to
prior conditions (Mackie and Mackie, 2013). For an example, court is more focused towards
mediation and arbitration in order to meet the standards of ADR process. However, the major
use to such settlement is for saving time and money. The disputes can be resolved through
mechanisms external to the court system and it will surely save money and time. Within the legal
environment, there are different forms of ADR that might involve third help of third party (Types
of Alternative Dispute Resolution (ADR), 2016).. Nonetheless, three most common types of ADR
are Mediation, Arbitration and Cancellation. Here, is the description :
Mediation : This is a most common process of ADR in which dispute parties and
promotes the involvement of third party it can be considered as a "mediator,". It helps both
parties to meet the final conclusion under mutual understanding. It is essential to ensure that the
mediator does not have any kind of force on the parties to make decision. Person even can not
5

issue permit without any involvement of the parties. Hence, during the period of mediating, it is
significant for parties to have total control in the activities to reduce mediator involvement.
Arbitration: It can be said as an effective way to resolve the disputes between the parties
and it involves the help of a neutral third party. During the period of arbitration, it is significant
for the "arbitrator" to have function according to the analogously which are formed by judge. It is
necessary for judge to have clear discussion the points of both parties so that decision can be
accomplished in appropriate manner. Dissimilar to a mediator, an arbitrator can not have any
kind of passive activities that creates negative impact on conditions. After proper observation of
conditions in respect to the parties the an arbitrator needs to take decision. It is necessary to
consider all factors which are being discussed under full-blown trial. One of key reason behind
the rules which provided to meet the evidence can not be ignored because it may cause the
negative influence on practice (Types of Alternative Dispute Resolution (ADR), 2016).
Cancellation : Conciliation is another process of Alternative Dispute Resolution in
which an independent third party or conciliator, helps parties in identifying dispute and the
reason of dispute. Furthermore, the conciliator also needs to focus on development of the options
which are need to be consult as alternatives. It is not necessary for conciliator to reflect the
professional expertise in regard to the dispute because it may create various conflict situations.
Alternative ways need to be used to resolve the issues and find further options for resolution.
Moreover, the conciliator does not have authority to have decision in respect to the dispute. It is
considered as voluntary by court and decisions of legislative body need to be refereed as a part of
contract (Mackie and Mackie, 2013).
Benefits of using ADR in employment
related disputes
The role of Alternative Dispute Resolutions "ADR" is important to resolve the disputes
to provide third part assistance. Using ADR can provide variety of benefits, however, it have
dependency on the different kinds of ADR process which are accessed as per the situation in
which, it has used (Menkel-Meadow, 2015). The major benefit is of saving time because it helps
in overcome the issues and resolve the dispute conditions in appropriate manner. In addition, it
saves money as less money is to be paid as attorney fees, court costs, experts' fees, and other
litigation expenses. Other major benefits of using ADR in employment
6

related disputes is that it preserves relationships between employee and employees in case of
dispute occurs. For an example the improved focus on assistance of experienced person who can
act as mediator. It helps in creating a bridge for communication and meet the needs (Blake,
Browne, and Sime, 2014).
TASK 3
Equality Act 2010 covers the guidelines and provisions of the EA 2010. According to the
act, employer’s obligations remain same in concern to secure the rights of employees at the
workplace without any discrimination. This act discussed herewith, harmonises replaces previous
legislations like Race Relations Act 1976 and Disability Discrimination Act 1995. Further, it
ensures consistency that is needed to create fair environment at the workplace while complying
with the law. This is to be noticed that Equality Act includes the group which have total
protection in regard to the equality legislation. Classification of the factors can be referred as
age, gender reassignment, race, sexual orientation, civil partnership and maternity. Here, cited
act also protects the rights of employees at the workplace.
1) Who is protected by the EA 2010
The people of Britain are protected by the Equality Act and ensure about few aspects that
may influence overall environment. Classification of factors can be considered as Age, Gender,
civil partnership, belief, Sexual orientation etc (ACAS, 2016). In respect with the workplace, the
employers have some responsibilities towards employees to treat them equally without having
any discrimination.
2) The different types of discrimination that are covered by the EA
2010.
Following are the various kinds of discriminations that are covered by the EA
2010:
Direct discrimination : This kind of discrimination mainly take places in condition
where one person is receiving less favourable conditions when it is compared with another one.
If this kind of activity is occurred due to protected characteristic. On the other side, if any kind of
discrimination activity is accomplished on the basis of factors like age, race, religion or belief,
7

disability, etc then it is referred as direct discrimination. It is considered as direct discrimination
because it has corporation another person who have domination power in regard to characteristic.
Discrimination by association : It also covers a discrimination that occurs due to age,
race, religion or belief, sexual orientation, disability etc. This kind of activity mostly occurs
because person is having involvement with any another person who is integrated with unethical
practice
Perception discrimination: It is a discrimination act that take places because person
percept that the another individual will perform unethical practice that may influence his
development. It applies even if the person does not actually possess the cited protected
characteristics but other perceive such (ACAS, 2016).
Indirect discrimination : Indirect discrimination can be considered as a condition in
which people are facing issues due to rule, policy or even a practice in company. It is necessary
to ensure that the misuse of policy is not applicable and disadvantages can not be protected.
Harassment : It comes under a discrimination which is further said to be an “unwanted
conduct which is directly related to protected characteristic. After the application of Equality act
it employees become able to complain of behaviour (Equality and Humna rights Commission,
2016).
Victimisation: This kind of discrimination affects occurs at the time when employee
faces any kind of issue in regard to bad behaviour juts because they have considered Equality act
as critical aspect and registered a complaint under grievance cell.
3) What employers need to do to ensure a fair working environment
and compliance under the EA 2010.
Within the present business environment, it becomes crucial for employers to treat all
employees in fair and justified manner and it has considered as a responsibility of employers
which is further described in the Equality Act 2010. The employees have further provided rights
to make claim of damages on employer who do discrimination at the workplace. Here, are some
points that are to be considered by employers to ensure a fair working environment
and compliance under the EA 2010 (ACAS, 2016).
Designing fair recruitment policies : According to the guidelines of the EA 2010, the
employees are responsible to design the recruitment policies in order to avoid racial
8

discrimination at the time job interviews. All the eligible candidates have to be provided equal
opportunities to be selected at the vacant post. There must be not any discrimination on the basis
of gender, age, case and any other aspects. The employers have to ensure that physical incapacity
of an individual should not affect his / her section at the workplace (Equality and Humna rights
Commission, 2016). . This is to be said that some necessary arrangements need to be made for
qualified disabled people. Within the workplace, prejudice free recruitment can be helpful for
employer in getting efficient employees who can contribute in designing fair workplace.
Employment policies- This is to be noticed that employees always want a workplace
where they are treated equally hence, employers need to focus on providing ethical trade aspects
for better creation of positive aspects within environment. Further, it has also been identified that
the key elements under employment act are not to be contradicted otherwise number of issues
can be occurred. However, fundamental policies need to be considered as key aspect of UK
legislative body. The employees are required to pay more than equal to minimum wages if they
give extra time and efforts at the workplace (Masupe and Parker, 2013). At the workplace, there
must be specific provisions for maternity leaves, paid leaves and gratuity. In addition, the
employees are to be provided range of benefit, flexible working hours etc.
Reasonable adjustment- To conduct fair employee practices, it is required by the
employees to make reasonable adjustment, hence, employers must not be rigid. The legal duty of
an employer is to make reasonable adjustments for employees to maintain good relationship with
the employees. However, the changes at the workplace can be varied in accordance to the
situations which includes flexibility in working hours. The employees must be provided with
additional equipment to successfully conduct the job (Clucas, 2012).
Harassment and victimization- In order to maintain the fair working environment, it is
essential for the employer to ensure that none of unethical or harassment activity has performed
within organization. It is referred as most essential legal and moral obligation that make sure
about key aspects of act and helps in identifying the persons who are involved in harassed or
victimized activity. If any kind of avoidance has identified then it will be referred as criminal
offences under act of EA 2010. Employer avoidance may also create legal issues and charge for
heavy penalties in form of punishment. In regard to this, employer must design strict rules and
9

regulations for better protection to employees. Company also need to take strict action against
employees who are involved in such activities (Equality and Humna rights Commission, 2016).
Legal guidelines- Health and Safety Act 1974 must be followed by employers in order to
render safe environment. It will improve morale of the employees and create positive aspects
within firm. Proper training need to be organised so that employees can effectively deal with the
harmful conditions and have information about use of hazardous equipment. Moreover, the
guidelines designed by the Occupier's Liability Act also need to be designed to provide
protection to employment conditions. It also reduces risk of injury at workplace.
Fair work opportunities- Equal work opportunities must be provided to the employees so
that duties of employer can be accomplished. Any kind of discrimination must not be there in the
organization to render fair opportunities to workers. Justification behind activities must be
provided in order avoid unfair practices (Masupe and Parker, 2013).
CONCLUSION
The above report discussed about Article 267 of Treaty on the Functioning of European
Union, and revealed it as a legal power which provides preliminary rulings in regard to the
interpretation of Treaties which must be held with to the Court of Justice within EU. The report
concluded that ADR (Alternative dispute resolution) is a problem-solvers rather than combatants
and is a quick as well as a cost-effective method of solving dispute. The Equality Act 2010
forces employers to maintain the legal standards during performing roles so that employee's
morale can be enhance to improve work performance.
10

REFERENCES
ACAS, 2016. The Equality Act 2010 – guidance for employers. [Pdf]. Accessed through
<http://www.acas.org.uk/media/pdf/8/a/Equality-Act-2010-guide-for-employers.pdf>.
[Accessed on 9th April 2016].
Blake, S., Browne, J. and Sime, S., 2014. A practical approach to alternative dispute resolution.
Oxford University Press (UK).
Clucas, R., 2012. Religion, sexual orientation and the Equality Act 2010: Gay bishops in the
Church of England negotiating rights against discrimination.Sociology, 46(5), pp.936-950.
Equality and Humna rights Commission. 2016. [Pdf]. Accessed through
<http://www.equalityhumanrights.com/private-and-public-sector-guidance/guidance-all/
faqs>. [Accessed on 11th April 2016].
Mackie, K.J. and Mackie, K. eds., 2013. A handbook of dispute resolution: ADR in action.
Routledge.
Masupe, T. and Parker, G., 2013. Equality Act 2010: Knowledge, perceptions and practices of
occupational physicians. Occupational medicine, 63(3), pp.224-226.
Menkel-Meadow, C., 2015. Mediation, arbitration, and alternative dispute resolution (ADR).
International Encyclopedia of the Social and Behavioral Sciences, Elsevier Ltd.
Sources of EU Law. 2016. [Online]. Accessed through
<http://pracownik.kul.pl/files/20504/public/Sources_of_EU_Law.pdf>. [Accessed on 11th
April 2016].
The Preliminary Rulings Procedure - Article 267 TFEU. 2016 [Pdf]. Accessed through
<http://ivanarose.weebly.com/article-267.html>. [Accessed on 11th April 2016].
Types of Alternative Dispute Resolution (ADR). 2016. [Online]. Accessed through
<http://www.legalmatch.com/law-library/article/types-of-alternative-dispute-resolution-
adr.html>. [Accessed on 10th April 2016].
Zucker, K.D. and Neslund, K., 2015. Law, business, and society. McGraw-Hill Education.
11