Business Law Report: English Legal System, Obligations, Solutions

This report on business law examines the English legal system's structure and sources of law, including statutes, common law, and the role of government in lawmaking. It explores employer legal obligations related to occupational safety, worker's compensation, and equal opportunities, while also analyzing the impact of contract and employment law. The report further discusses appropriate legal solutions and the justification of those solutions, including the benefits of alternative dispute resolution methods. The content covers the structure of the English court system, sources of law, the roles of government, and the application of common and statutory law. It also examines various legal obligations of employers, such as occupational safety, worker's compensation, and equal opportunities, with a focus on relevant acts and regulations. Finally, the report provides recommendations regarding necessary legal solutions based on alternative legal advice to gain an understanding of business laws and its impact on organizations.

BUSINESS LAW

Table of Contents
INTRODUCTION...........................................................................................................................1
SECTION 1......................................................................................................................................1
P1 English legal system's structure and sources of law..............................................................1
P2 Government's role in making law and application of common and statutory law in justice
courts...........................................................................................................................................4
SECTION 2 ....................................................................................................................................6
P3 a) Legal obligation of employers...........................................................................................6
b) Impact of relevant contract and employment law...................................................................7
SECTION 3 .....................................................................................................................................9
P4 Appropriate legal solutions....................................................................................................9
P5 Justification of solution........................................................................................................10
SECTION 4....................................................................................................................................12
a) Benefit and concept of using Alternative process for resolving dispute...............................12
b) Alternative legal solutions....................................................................................................13
CONCLUSION..............................................................................................................................15
REFERENCES..............................................................................................................................16

INTRODUCTION
Business law make dealings with the creation of new issues and businesses that
occur when existing businesses make interaction with government, other companies
and public. This particular area of law presents several legal disciplines which includes
intellectual property, tax law, bankruptcy, employment law, sales, real estate and many
others. Business law lawyers are specialists of transactional work and they do not
represent their clients in a court. Business lawyers are hired in order to avoid future
litigation (What Is Business Law? - Definition & Overview .2017). This report is based on
the topic of business law based on different case studies. So as to understand business
law's role in a legal system, it supports to see businesses as entities distinct from their
employees and owners. As there are individuals who are living together in society,
entities of business are subject to follow legal rules which are there to provide fair
opportunities to every participant so as to get success. Enforceable system also gives
benefits to economy and give efficient transactions. In this report, English legal system
structure and various sources of law, government's role in making law and application of
common and statutory law will be discussed. Employee's legal obligations related to
worker’s compensation, Harassment, equal opportunities etc. will be explained and
what impact business organisation's get from law will also be determined. In this report,
recommendations regarding necessary legal solutions on the basis of alternative legal
advice will be made to gain understanding of business laws and its impact on
organisations.
SECTION 1
P1 English legal system's structure and sources of law
Legal system can be termed as a process or procedure for enforcing and
interpreting the law. It makes elaboration of responsibilities and rights in various ways.
Three major components of legal system include religious law, civil law and common
law. As per the structure of the English court, decision made by higher court is binding
on court below it. In the hierarchy, Supreme Court is at the top formally known as House
of Lords. Decision which is made by this court is unalterable in other courts. Supreme
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court is recognised as top English court, decisions which are made in European Court
binds all courts of UK by honour of ss. 2 & 3 of European Communities Act 1972.
Court of Appeal are under Supreme Court as per the hierarchical structure and is
divided in two parts which are like Criminal and civil divisions. Decision which are made
in both sections undertake lower courts but civil division includes an exception of this
rule which includes:
 If there is a conflict among two decisions which are already made, then it should
be decided by court that which decision will overrule and which will get followed.
 If a previous decision is overruled by Supreme Court, then this decision should
be followed by court of appeal (English Legal System Lecture Notes .2017).
The Divisional courts are under the three division of High Court. They follow decisions
of Supreme Court as well as Court of Appeal. Divisional court is over high courts in a
hierarchy and decisions which are given by these courts undertake high court's ordinary
decisions. In the case of criminal appeal, Queens Bench divisional court can decline to
obey previous decisions.
Crown courts are there to undertake exemplar from superior courts but does not
make exemplar themselves and also not bound by their previous decisions. Country
courts and magistrates don't undertake any different courts and are also not obligated
with their decisions.
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(Source: http://nuweb.northumbria.ac.uk/bedemo/english_legal_system/page_13.htm)
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Illustration 1: English Legal System, 2017

Sources of law:
Law can be termed as the particular system of rules which is recognized by a
specific community and country in order to regulate its member’s actions. It can also be
said as a rule which defines correct behaviour or procedure in a sport. Sources of law in
United Kingdom consists of four major things. Firstly, it contains statutes which are
produced by developed and UK parliaments (Arthurs, 2011). Second source of law is
defined as common law which was made centuries ago when standardisation of
regulations is made in England. Third source of law is from European union and the
fourth one is case law. Parliament is considered as the prime source for development of
law as its their responsibility and duty. Common law was not of great importance in
latest scenario as it is considered as outdated regulations and rules, that is why
government try to eliminate then whenever there is an occurrence of problem. UK is
considered as a part of European union, so organisations are bound to follow different
regulations and rules which are made by them, but after the involvement of Brexit, legal
obligation need not to be followed by them. Some decisions which are given by court
becomes law and then it is taken as basis of future judgements. Different recent reforms
generally focus on eliminating legal barriers which are there in social investments and
some recommendations were also there related with different issues such as fire arms
which is enclosed in The Policing and Crime Act 2017 due to its Royal Assent (August,
Mayer and Bixby, 2009).
Working time regulations 1998- As per rule of this law employees are only
responsible to do work 9 hours in a day and 48 hours in a week. Also employers are not
able to misuse efforts of employees.
Employment Rights Act 1996- Every organization is responsible to pay equal
rights to each and every person who worked as employees.
Pension Act 2008- Pension has been considered as amount of money which is
provided by every organization to every employees of the firm who worked continuous
10 years in one premises.
Equality Act 2010- No discrimination is possible among employees of the firm
who worked as workers in firm. Employers are bound to provide equal opportunities to
every employee.
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P2 Government's role in making law and application of common and statutory law in
justice courts
Laws are there to give framework which are needed for the functioning of
societies, so that individuals can live and cooperate in harmony, which is also called as
social cohesion. If laws will not exist, then there will be no guideline regarding
acceptable behaviour. The major aim of laws is to protect society from any harm and to
make sure that their rights are preserved. Without the involvement of laws, people will
feel unsafe in walking down on streets.
An important role is being played by a Government in implementation and
formation of law because it is the responsibility of a parliament to develop different acts
(Bebchuk and Jackson, 2011). Parliament is made up of representative of higher
authority and different elected members of parliament who are chosen by people to
represent them. The representative of higher authority is called governor-general at
federal level and at state level it is called governor. Whenever there is any problem that
impacts life of people than rules are being made by government so as to keep check on
individuals who are creating problems. Proposals are made by authorities in order to
stop such individuals which is then transferred to cabinet ministers. If authorities give
their consent on such proposals, then it is converted into bill which carries different
sections and provisions related with different issues. The bill than get presented in
parliament where lots of efforts are made by government to make it law. Different
stages are there which needs to be followed when bill is presented in parliament, when
first reading is done then bill is made available to all the MPs and when second reading
is made, government side MPs convince other MPs so as to make them vote in favour
of bill. Parliament members and peers make discussion of bill and then government try
to give solutions of the queries related with proposed bill. A committee is then made to
make appropriate amendments and changes, this commission generally contains 20
MPs (Bishara and Westermann‐Behaylo, 2012).
Statutory law can be defined as a written act which is legislative body, it is of
perspective nature and issue of new law is made by distinct authorities of government.
Common law is presented by different decisions which are given by judges, it is of
instructive nature and is having very wide scope. Government and its different agencies
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has made the statutory law, generally such regulations and rules are made in order to
make solutions of public problems and to avoid conflicts of different types. Judgements
are given by courts on the basis of such acts that contains various provisions for
punishments. Every decision which is given by judge are in connection with some law.
Any individual cannot get punished by them without mentioning law which punish or free
any person. Common law is not at all similar with statutory law as it makes
considerations regarding past judgements which are given by courts at the time of any
judgement (Cheeseman and Garvey, 2014). Decisions can also be given by jury based
on different judgements which are mentioned in past cases, it is not necessary for them
to follow up different laws which are made by government.
Common Law Statutory Law
 Common law is based on
precedent.
 Decision is made by judges on the
basis of prior cases have same
scenario.
 Developed on daily basis without
creating expense to society.
 The operational level of common
law is procedural.
 This law is known as case law.
 Statutory law is made by
government.
 Statutory law is formal body of legal
system.
 It is based on regulations and rules
which mandate or prohibit
behaviour of public.
 These laws are codified and
organized into codes of law.
 Operational level of statutory law is
substantive.
 This law is also called as written
law.
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SECTION 2
P3 a) Legal obligation of employers
Legal obligations can be defined as the requirement which needs to do things
which are imposed by contract, law and promise. In extensive and most general form,
obligations are called as duty (Halbert and Ingulli, 2011). In a technical form, it can be
defined as a tie which needs to done or paid agreeably to customs and laws of a
country where obligations are made. It is a term which describes duty or obligation
which are enforced by court of law. Legal obligations contain various things which can
be described as follows: Occupational safety and health: As per the occupational safety and health
administration act, it is the duty of the employer to provide work area which is
free from dangerous or hazardous situations. It should be made sure by them
that there is a use of safe equipment’s and tools which will help in avoiding
accidents. Awareness and education should be made by them regarding different
risks which are present in particular jobs by using different colour code, signs and
posters. Standards of OSHA states that employees of an organisation should
give appropriate medical examination and training in such language which should
be understandable by workers (DiMatteo, 2010).
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 Worker's compensation: Every employer is liable to give worker's
compensation insurance to every employee and should display posters in
relation with issues at visible areas. In case of accident, where there is an injury
on employee at the workplace then claim should be paid by employer in 24 hours
and copy of that claim should be given to injured worker. Medical assistance of
$10000 should be paid in a day after filing claims. Employer should give
accommodation to injured worker and in case of violence, they should give notice
regarding eligibility of worker's compensation. It is one of the main and personal
liability of an employer to give compensation to worker in case of accident or
injury (Johnson, 2013). Harassment: Undermining a qualified worker at the place of work, spreading
rumours about particular individual and unfair treatment of employees are
considered as some examples of harassment which are not legal as per the
Equality act 2010. Regulations and rules should be made by employer, so that
they can support in eliminating various problems at the time of generation of
problem (Durham and Scharffs, 2010). Continuous communication should also
be done so as to check various cases of harassment in an organisation. Due to
such activities, employees in a business are not able to work properly which will
eventually affect development and growth as well as profits of a business.
 Equal opportunities: Job provider or an employer is having legal obligations
which are given by law to provide equal chances to each and every worker who
is a part of an organisation in order to avoid several kinds of discrimination. An
employer should not make differentiation among salaries of employees at the
same level with same ability on the basis of colour and gender. People who are
having disabilities should get equal treatment which are given to other employees
and equal remuneration should also be given to every employee. Benefits and
other opportunities other than remuneration which are provided to employees
should also be given equally. There should be no partiality regarding transfer or
promotion of workers (Kinicki and Kreitner, 2012).
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b) Impact of relevant contract and employment law
Employment law is there to solve various issues like grievance, firing and
recruiting workers, pay, work hours etc. It also covers different areas like sick pay as
well as unauthorised absence. If businesses do not work as per the rules and
regulations which are mentioned in employment law, then it will be very difficult to make
survival. Their image and reputation will also go down and they will not be able to
maintain good environment culture in an organisation. Discrimination is considered as
main problem around the globe and this kind of trouble is covered under Equality act but
it is also having connections with several regulations and rules of act which are in
relation with jobs. A crucial role is being played by employment law among workers and
employers, it gives clear image regarding what needs to be expected by an employer
from its employees and what are the workers needs which should be fulfilled by job
providers (Mann and Roberts, 2011). Several rights which are in relation with
workplace are also included in this act which are not having legal bindings but it is very
important to consider them so as to have smooth relations among parties. If employees
will provide right information to them then it will motivate workers to work hard in order
to get better performance. This law includes different rights which are in relation with
redundancy as well as dismissal which will help business to minimise risk regarding
several legal disputes. Remuneration is termed as an important part of employment law
in which there are topics like equal pay, minimum wages etc. This law also covers
subject related with pension.
Business laws are in relation with various other acts which are provided by
department experts to their managers. By making use of this necessary information,
rights need to be discussed with each managers. In this an important act is Health and
safety act, 1974, it is an important law and is mainly in relation with clannish part. This
law is kind of law is which is related with health and safety of employees as per the case
of injured girl who got burnt while working. This act was established in 1974, main aim
of this act is to protect employers from unsanitary conditions, mechanical dangers,
excessive noise level and hazards. It gives obligations and rights of managers related
with working environment. Fundamental importance of this law is to give security at the
place of work.
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Contract is defined as intentional arrangements among more than two parties
which are having legal bindings. This law is not having large connections with
employment but mutual consent can be made by two entities or people so as to achieve
objectives and goals. In particular case study, a girl who is having age 16 and was an
employee of fast food outlet. She makes fries on frying range and fell on ice making
machine, in order to save herself she accidentally put her hand in a fryer having hot oil
with 360-degree temperature (Miller, 2015). Due to such incident, there is a serious
injury on her left arm which was burnt severely. At the time of this whole incident, team
leader was not monitoring the workplace and there was the shortage of staff. The first
question which arise here is in relation with providing employment to girl of age 16. It is
not legal to make recruitment of girl for such risky work who is having age of 16 years.
Other issues may be in relation with safety measures and proper health which are not
followed at the time of accident. This kind of work is having large amount of risk which
cannot be handled by girl of age 16. Next area where mistake is committed by employer
is when he ignores task which is in relation with monitoring of work area. This kind of
job requires continuous supervision but this work was not done by team leader because
of which there is an injury (Muchlinski, 2012). Staff shortage was another issue; this
accident can be avoided if there will be proper staff who can guide or save girl.
There was also delay in giving medical treatment and first aid as there were few
employees who can help her. Business has to face various negative implications due to
this accident. Goodwill and image of a business will decrease which will eventually
reduce market share and will impact largely on profit and revenues. Report of this
incident should be given to OSHA office so that they can register it in their record of
accidents. Employer is liable to pay for treatment of girl as this incident took place at the
time of working.
SECTION 3
P4 Appropriate legal solutions
As per the case study of Calvin who is a designer and was working in large
fashion house. His employer Donna finds that £ 100 is missing from petty cash box and
suspects on Calvin and dismiss him from work without any notice. Such kind of
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