Business Law Report: Legal System, Business Problems and Solutions

This business law report delves into the structure of the English legal system, exploring both civil and criminal laws, and the roles of the government and the judiciary in law-making. It examines the sources of law, including the constitution, legislature, and common law. The report analyzes the impact of law on various business situations, such as occupational health and safety, staff compensation, and harassment, referencing relevant legislation like the Health and Safety Act 1996 and the Equality Act 2010. It also addresses employment through contract law and provides solutions for specific business problems, along with justifications based on legal principles. Furthermore, the report discusses the benefits of alternative dispute resolution (ADR) systems and recommends appropriate ADR methods, comparing them with those used in other nations. The report concludes with a comprehensive overview of the English legal framework and its practical applications in resolving business-related issues.

BUSINESS LAW

Table of Contents
INTRODUCTION ..........................................................................................................................1
TASK 1............................................................................................................................................1
P1. Structure of English legal system and different sources of laws......................................1
P2. The role of government in law making and how statutory and common law is applied 3
TASK 2............................................................................................................................................5
P3 (a). Impact of law on different situations..........................................................................5
P3 (b). Employment through contract law ............................................................................6
TASK 3............................................................................................................................................7
P4. Solutions for the problems ..............................................................................................7
P5. Provide justifications for your solutions .........................................................................8
TASK 4 ...........................................................................................................................................9
P6 (a). Benefits of using alternatives disputes resolution system..........................................9
P6 (b). ADR recommendation and comparison with the other nation ...............................11
CONCLUSION ............................................................................................................................12
REFERENCES .............................................................................................................................13

INTRODUCTION
Business law is important in conducting business activities. Business law is study to
understand the business legal system properly. So that business activities can be conducted
accordingly. By this firm can run their operations in smoother manner. This section have focus
on enterprise issues and problem that are related with several business operations. There are
various laws which deal with different kinds of problem. Legal is one of factor which affects
business and its operations. There are laws related to employees, legal contracts, enterprise trades
and many more. These legal rules are changing according to time and firm need to modify its
structure accordingly (Bagley, 2010).
In this report English legal system and different sources of laws has been given. The role
of government and common laws applies in justice court has been describe in this assignment.
The solution of different business problem has been discuss in this project. That solutions are
related with appropriate case of laws. The laws give direction to company to solve certain
problems. By considering these laws the firm prepare strategies for their business so that future
consequences can be eliminated.
TASK 1
P1. Structure of English legal system and different sources of laws
Structure of law is having various rules and regulation. These laws need to follow by
every enterprises which are existing in UK. The law structure is divided into two parts and
according to these parts the problems and issues are solved by these authorities. These two parts
are civil and criminal laws (Bishara, 2011). All legal laws are framed by legal authorities and
judges. Civil law is concerned about private relation between different partners. While criminal
law refers to crimes like killing, harassment, stealing things and others.
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Source 1: Structure of English court system, 2017
Civil law can comes into picture when dispute take place between two or more people.
The dispute can be for ownership, property and contract. There are court for different level.
Supreme court is highest level of court. The decision taken by supreme court considered as final
decision. If any situation occurs between partners which is regarding to unethical issues they can
opt option to go magistrate court. This is lower level court and if any individual finds that they
are not agree with the decision of magistrate court they can apply for high court. They also have
further option to apply in supreme court (Cavaliere, Mulvaney and Swerdlow, 2010).
Sources of law Constitution: This tells about fundamental rights and duties about of an individual. So
that they can protect their interest and rights. UK constitution is main sources of law. But
its not written form. The legal system is not having lot of information. Constitution is
having important provisions which every citizen of country need to follow. By this
constitution the right of women, old citizens, children and disabled person are protected
those who need support (Cheeseman and Garvey, 2014). If these rules are broken the
victim can suit fill against the responsible person who didn't follow rules. The defended
asked by court to give compensation to victim or else they need to face legal system. Legislature: Legislature is one of the department of government those who are
responsible for dominant the law and current status of that particular law. UK country is
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having their own rules and regulation which might be different from other countries laws.
All existing companies need to apply all these rules in their business. The law which are
passed by legislation are called statutes. Following is process by which statutory law can
be aligned properly. Executives: When every law is created it need to passed by getting signature of president.
President is final officer of law. The law which is signed by president need to be follow
by every citizen of country (Chemerinsky, 2016). Treaties are also involved in this which
are also one of source of law. In this agreement took place between two states and they
build strong by fulfilling their roles and responsibilities in proper manner. There is
written agreement signed by both parties which act as evidence for future prospectives. Judiciaries: It includes various body of law such as judges, courts and others. They try to
resolve different kind of issues and give particular decisions. Judges are appointed by
government. Judges listen both parties, analysing situation and every aspect of case. They
apply different laws for particular case and give final decision which gives justice to
parties.
Common law: It helps to take decision and it play very vital role in decision making.
They take decisions on capacity of judgements.
Case law: In this decision has been taken on the basis of previous case solved. So that
decision can be taken in an effective manner. In this they analyse the past case and look how
they solve the cases.
 Administrative agencies: At national and local level there are authorities which present at
every level. These bodies have to mange all rules and responsibilities which is formed by
government. By this these agencies try to control all activities which are carry out in
business.
P2. The role of government in law making and how statutory and common law is applied
The government play a very important role in formulating law. They need to ensure that
laws which are formed in proper manner (Crane and Matten, 2016). The parliament have
responsibility to prepare law accordingly so that society can become better place for living. The
main reason behind making laws that every citizen gets their rights and problems can be solved
in effective manner. By this harmony can be created in economy. When any laws is formed the
legal authority have responsibilities to identify the law and find if any deviations are there.
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People those who are creating problem need to check on regular manner. According to different
issues the draft has been prepared in which suggestion as been made for that particular problem.
Legislation frame draft and send that draft to parliament. When authority is going to accept draft
then bill is converted to law and become act (DiMatteo, 2010). After that it is responsibility of
government to control, protect and handle all these laws. They need to make sure that all rules
which are formed need to be followed by every citizen of county.
In initial stage of law making procedure the government formed goals and objectives.
The issues which are taking place are solved by making various policies. By this it is ensure that
customer interest is saved in legal structure of country. The government take advice from other
professional authorities after they pass any act. So that chances of faults can be reduce. Statutory
and common law are laws which help judges to take decision. Statutory law is in written form
while common are related with cases. These both are different laws and they applied on different
situations according to their needs. Following is the process making law. Government agenda: By general election the agendas are made. The parliament have
responsibility to formulate rules related to economic and society problems. Ideas of issues addressing: In this stage the various remedies took place and according
to that solutions are made so that problems which area rising can be solved. Members
of house responsible to provide solution for problems. Consultation: There are many people who get aware about certain issues and problems
so that they can give their own views about that issues and cases so that situations can
be solved. Acceptance of Cabinet ministry: It is very essential to get approval of cabinet ministry
on certain issues. If the accept then only new law can be established. Preparing bills: After cabinet ministry acceptance the proposal get transfer to bill. The
bill have capability to solve certain issues which are occurring in country. Bill examination: This bill go to both houses and voting is done. According to majority
the bill get passed or rejected (Foss and Knudsen, 2013). Steps of parliament: Following are steps followed by parliament.
1. First reading: This step when the topic is avail to person of parliament.
2. Second reading: The discussion of bill take place and vote has been given to it.
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3. Committee stages: Committee people are responsible here to give their
suggestions and after that the proposal has been design.
4. Reporting steps: The report is made which is represent to parliament. By this
modification and recommendation can be made.
5. Third reading: This is last reading which is done regarding the draft.
6. Approval bill: In this stage the people of parliament get acknowledge where they
accept or reject proposal. If plan is recognized it will passed to further stage.
7. Monarch's Assent: With support of Monarch bill broadcast as law and it
applicable for all citizen of country to follow it.
TASK 2
P3 (a). Impact of law on different situations
There are different situation can take place in economy and society. According to
situation suitable law has been adopted so that solution can be done in effective manner.
1. Occupational health and safety: As per health and safety Act 1996. it is responsibility of
employers to give healthy environment to their office people. It ensure that organisation
should grow (Grundfest, 2010). Employers should provide safety equipment to
employees so that work can be done without harming any workers. When new candidates
join company. The employers need to give [roper training so that task can be completed
in effective manner and they get an idea ho work can be done. Workers get knowledge
about machines and their usage.
2. Staff compensation: Compensation is nor regarded with salary. This is given by
employer to their employees (Halbert and Ingulli, 2011). The compensation is decide by
government under provisions of law. This compensation is decided according to skills,
knowledge of workers. If there is situation take place where worker get injured at
workplace the enterprise is liable to pay them. In context to case a person John who is
working for construction during his work his leg got slipped and serious injury caused.
When John recovered from situation he claimed company for compensation. From
worker point of view if some safety equipment should used in firm this incident wouldn't
happen. In this court has been decided that company is liable to pay John for his injury.
Company is liable to provide certain benefits in case of their sickness and illness.
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Employees also get help in their insurance corporations. According to the Contract Law
the staff should be given compensation on the basis of medical as he has suffered injuries
at the workplace.
3. Harassment: Harassment refers to unfair treatment, physical abuse or mental torture.
These activities could take place in business activities. So management should take care
of these activities. Manager should introduce system. By which employers are free to
give their suggestions. It is necessary for the firm to develop a better workplace so that
manpower of organisation can be protected. Enterprise should take several action if any
situation can take place (Hayden and Bodie, 2012). The law which can be applied here is
Equality Act 2010.
4. Equal opportunities: There is law in which every employees have equal rights. All
employees are having equal opportunities to explore. There should not be nay
discrimination is taking place at work place regarding sex, race and colour. Salary is
given according to person capability. The selection should be done without bias.
Recruitment and selection should be done according to qualification of candidate. When
employees are getting equal opportunities they give good result to their company. The
other laws which can applied here are Sex Discrimination Act 1975, Equal Pay Act
1970
P3 (b). Employment through contract law
It is necessary for every business to follow employment and contract law. Employment
law create healthy environment in an organisation. By this employees and employers both get
benefits. Employees get many right which they can exercise according to their needs and wants.
Workers are entitle to get get wages according to contract which is covered in Employment act
2010 and healthy safety Act 1996. these Act gives the following rights to employees.
 By this employees are entitle to receive compensation and remuneration.
 Employees get healthy environment.
 The company is liable to provide adequate training sop that employees knowledge can be
improve (Heath, 2011).
Contract law: When the employee get final job the contract has been signed between
employees and company. It is written contract which is signed by employee. There should not
any force on worker to accept that particular contract. In this contract certain terms and
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conditions are mention which is followed by employees. This contract bound both employer and
employee to conduct certain activities in business operations.
In context to case study there is teen of 16 years old. He is selected in fast food retailing
company. While cooking fries her leg slipped and her hand went directly to oil containers. The
reason because of which she slipped was there is leakage of water from ice cream machine. This
accident cause her very serious injury (Kinicki and Kreitner, 2012). The manager has
responsibility to take care of this incident and provide all safety measures to her. But they didn't.
The girl have right to claim compensation from that company because of which she get injured.
TASK 3
P4. Solutions for the problems
(1) It is necessary for a company to give a notice period before 1 month or a concreter
reason of termination before firing an employee. The termination of contract can only happen in
the following condition:-
▪ Discharge by Performance
▪ Discharge by Breech of contract
▪ discharge by Impossibility
▪ Discharge by Operation of Law
▪ Discharge by Lapse of Time
▪ Discharge by Self understanding or by Agreement
That solid explanation is essential before an immediate eliminated and a termination letter. In
case of wrong termination , Employees can go to court for his right and claim to company. In
Case of Calvin, He was employed on a designer worker in company from past 4 years (Johnson,
2013). The head of company, Donna fired her in case of loss of 100 Pound on next Monday. She
eliminated Calvin claiming that theft of money on him nut Calvin claimed that he has no part in
any kind of stealing activity in organisation. Now Calvin is no longer employee of organisation
without any termination and salary. Here are possible solution calving can go through-
1. Statutory Right
According to Statutory Right, every employee have right to receive notice before get
termination from organisation. This notice period can be of 1 month and minimum of 15 days.
2. Demand for one month salary
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employee can demand for one month extra salary in case of instant termination by any
organisation.
3. Proofs
Employee has right to know and ask for evidence of their claim and chance to prove their
honesty in case.
4. Claim
Employee have right to claim in court due to damaged dignity and honesty by false
claims and defame.
(2).
After insurance of any property, in damage of property, Insurance company will return
desired amount of money in their return Insurance Claim. Person who claim insurance is called
insure e and company who offer insurance policy is called insurer. A contract is being signed in
which contains some terms and conditions made by company,If individual agree with those
conditions and sign it, process of Insurance is being completed. If insuree breaks nay policy, The
contract will be dismissed automatically (Kitagawa, 2016). In case of claim, Dan father of Kevin,
start a convenience store which burnt on fire in few year. Kevin opens a stores owned which was
destroyed before due to some reason. Kevin Open store again and made fire insurance of stores.
Company policies ask if Kevin have been with other policies within last 2 years which Kevin
denies not aware of exact date of last insurance was 23 months before. His stores get on fire one
day and he claim for but company deny. Den tries full hard to get his insurance amount. Dan can
claim in court and if able to prove that it was a mistake, and court agree , he probably be
refunded his amount of insurance. They can look for Insurance Act 2015.
P5. Provide justifications for your solutions
This case be resolved through undertaking Employment Act 1996 and Unfair Dismiss
Protection law in the scenario. According to Employment, employee have some rights and acts
which can be claimed in case of their exploitation and dignity damage. If an employee is being
exploited, they can claim and get their damage in return of cash or other forms. In case
Calvin ,Wrongful dismissal case file will be charged due to terminating him without any
concrete reason, notice period of termination. In case in which worker don't follow rules and
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policies of company, company have all right to terminate them immediately. But this has a
process in which company have to give employee a termination letter with an a notice of
elimination reason and reason should be worthy (Law, Qi and Buhalis, 2010). But if
organisation eliminate any employee on behalf of nothing but their personal convenience, it
would consider wrongful and an they can fall in to into trouble. Employer can also warn
employee once or twice if they ware wrong and then jump into decision of termination.
Calvin was a dedicate and honest employee and was working in same company from past
four years. Donna has suspected on him, she was not entirely sure that Calvin was one who has
stole money or there is some other cause of loss of money. Donna came on Monday in office and
found 100 pound money loss in total amount of money. There were five employees working in
company but Donna fired Calvin on the basis of suspect. Calvin who was employee there from
very ,long time had no idea why he have been eliminated from organisation. Donna didn't gave
him a notice period of termination and follow an inquiry to reach real thief. In case , Calvin can
claim in court for shocking suspension without any prior notices and information of tier claim.
Calvin can demand in court for definite amount of money in return of dignity and defamation
case and interruption in policies of organisation. Also case can be solved outside the court by a
mutual understanding between company and individual to avoid brand reputation damage and
issue. Either company can offer satisfactory fund to Calvin or signing him again in company
undertaking all claims back made by organisation (Mann and Roberts, 2011).
In case of Dan, the store have been burned on fire entirely. Overall mistake measured was
Dan's. Dan didn't provided company right information thus company have right to not pay back
any amount claim. It is duty of firm and consumer to provide right information to each other
while signing an contract. In case of Dan, Dan must have check his last claim date before signing
contract. Moreover, dan can claim in court for his mistake but chances of getting claim is less.
Better decision would be that if Dan agree on terms and his mistakes. Or Dan and organisation
can solve case on mutual understanding. Dan can refer to Insurance Act 2015 and there is not
written in the agreement that insurance can be taken after 2 years only.
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TASK 4
P6 (a). Benefits of using alternatives disputes resolution system
ADR is a process through certain conflicts arising at the workplace can be settle through
negotiation agreement. In this negotiation, conciliation, meditation and arbitration are included.
By this parties need to do lots of formalities they can solve their issue without going to court. It
saves time and coast both. Court is facing lots of burden because they are having lots of cases to
handle. Because of this they introduce ADR system. There are two types of alternative disputes
resolutions such as Arbitration and conciliation (Nichols, 2012). Arbitration is legal body which
help to resolve problem outside the court. Arbitrator is a mediator who listen to both the parties
apply certain legal laws to find effective solution so that both the parties get satisfied. The final
decision is called arbitral award. They make sure that both parties which are involved in
particular case should be happy.
Conciliation is another method by which problems can be solved. In this conciliator is a
authority who listen both the parties together. In this case compromise has been done by both of
parties to resolve the problem. By this disputes are solved very easily without taking long time.
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It is less complicate process of courts. In this the cost which is incurred is also less and
fair justice has been given to parities interest. Following are the benefits of ADR.
 Put parties in control: It gives them opportunities to both parties by giving chance of
telling their side of story and by this effective decision can take place.
 Focus on issues: In this proper focus is their on both parties and on their issues. In this
people issues are more important than legal rights and obligations.
 It helps to produce goods results as both the parities get same level of satisfaction.
 It reduce the stress of court because they are already having many cases to solve.
 More privacy is their as there are many people in court case but in this only party
presentation is there (Robson, 2010).
 There are more flexible remedies are there in comparison of court.
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Source 2: Alternative dispute resolution system, 2016

 The people those who can't afford court they can go for this system and get their part of
justices.
P6 (b). ADR recommendation and comparison with the other nation
Alternative disputes solution and conciliation is very important and helpful to sole
different kind of issues. It is help with any choice can be utilized as on ground that is extremely
powerful as conflicting to bearing for court and its process. Antwon and Tyrell both are able to
find the problem they have good capacity to understand the problem. They are very much
capable to perform their work and ex cerises very properly. By the process of ADR satisfaction
can be made (Pohl and Tolhurst, 2010). This is one of the best way to resolve problems and
conflicts.
Every countries are having different rules and regulation. But every country have main
objective to give justice to their citizens. As court hearings are very complicated and it take lot
of time and cost to take particular decision. Every time parties need to come according to court
hearing in this their time also get wasted. By this justice can get delayed. So for this Alternative
resolution process introduce in judiciary system. As comparing to UK and USA court structure.
UK courts are more faster inn order to give decisions. The certain issues can be soled by ADR
but in ADR also problems can be rises sometime it is difficult to find right arbitrator for certain
cases.
Laws UK USA
Minimum wages There is minimum wages Act
1998. in this it is given that the
workers are entitle to get
remuneration in return of their
work (Posner, 2014). They
should get fixed amount of
salary which is promised by
firm to give them.
In USA fair labour standard
are followed there. In this the
remunerations are given
according to employees skills,
qualification and knowledge.
Company law There is company's act 2006.
this law is very effectively
used in companies. It stated
There is security Act 1933 and
securities and exchange act
1934. in this provision are
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that how employees and
employers need to perform in
an organisation.
mention which every firm need
to follow (Reed, and et. al,
2013). There are certain
principals are there which firm
need to follow and that are
mention in these Acts.
CONCLUSION
This report is all about the important of legal system in business, country and for citizen
of country. There is needs and requirements of law in country. Because it gives the way to
people who they need to act. If there is no laws are their people start doing whatever they want to
do any many innocent people get hurt from them. In preparing laws the government is having
very important role. There is particular process by which proposal become the final Act. There
are different kind Acts which are there. These different act can be used at different places. It
gives lots of rights and benefits to employees. In this report many cases and solutions are
mention and discuss. Every company make sure that all rules are followed in proper manner so
that their operation can goes in smoother way. There is very much burden on courts. So for this
reason ADR introduce. Many parties can solve their issues by this ways. This method can take
less time, cost and formalities. Conciliation is another method by which problems can be solved.
It satisfy interest of both the parties and proper decision can also be made by this.
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