Business Law: English Legal System, Acts, Obligations and Case Studies

This report provides a comprehensive overview of business law, focusing on the English legal system and its various sources of law, including civil and criminal legislation. It details the role of the government in passing acts, the process involved, and the application of these laws in justice courts. The report further examines employer obligations, such as occupational health and safety, workers' compensation, and equal opportunities, as well as the laws governing employment and contracts and their impact on enterprises. The report includes case studies to illustrate the practical application of these laws, offering insights into real-world scenarios and legal principles. The report's analysis covers the legal framework within which businesses operate, offering a detailed understanding of the rights and responsibilities of both employers and employees.

Business Law

INTRODUCTION
Commercial legislation is termed as various laws which enable an organisation to operate
their business in an adequate manner. These regulations are helpful to a firm while operating all
of their business activities in an adequate manner. As per the modern market world where the
number of competition is high and thus for this, managers and leaders have to take all regulations
in their account through which operations can taking place in a smooth manner (Bird, 2011).
These laws get framed on the basis of many rules and formats which are tax law, intellectual
property, employment law etc. According to the law, company, governance and owners all are
different from each other. Hence, all these regulations are beneficial not for an entity but for the
user as well. As this provide strength in working as well as all transactions take place effectively.
At last it get measure that government formulate several number of laws which have to follow by
each and every individual who lead to organise any sort of business in a nation. This assignment
will explained about different English legal structure and different kind of document which have
to followed by every company. It will also state that how government plays an important role
while passing an act and various types of obligation that have to followed by every employer in
every situation. This report included some case studies which will be used for understanding
various types of law.
SECTION 1
P1 Different English legal system and sources of laws
English legislation structure has two types that is civil and criminal legislation. Civil law
is applicable in those matter which are private in nature like dispute between two or more parties
while criminal legislation deals with severe offences like murder etc.. In this structure, Supreme
Court is the biggest body whose judgement has to follow by every parties whether they are
agreed upon or not.
In case of any problem, firstly an individual should take support of magistrates courts and
assembly and if from its judgement, person will not be satisfied with its decision then he can take
help of crown court which deals with those issues which are serious in nature.(Bishara, 2011).
Even still he is not get desired decision then he can go to high court for getting judgement. It has
divided in two bodies , one is family division i.e. Queen's Bench and Chancery division and
second one is Divisional court i.e. divisional and Administrative tribunal.
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Even still disputed parties are not getting judgement according to their wish then they can
go to biggest bodies of the country that is supreme court. Even after its judgement, person is not
satisfied then he can not do anything further.
Sources of law-
In every country, there are primarily 4 types of origin of Acts that are described below-
 Enactment which are enacted by government of United Kingdom and formed legislative
assembly.
 Next one is joint Acts that are accepted by England at the time standardisation of
regulations in centuries ago.
 Another is Continental group.
 And last one is proceeding legal documents.
Legislative assembly has main obligation to make rules and regulations so that critical
situation of country can be handled easily and effectively. This acts are made by government so
that economy of nation can be developed and citizen of country can live their life happily and
smoothly.
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Source 1: Structure of the English Court System, 2017

While passing an act, an assembly is created in which many number of people [presented
who vote on this. If proposal will get majority vote then it will be passed otherwise will be
rejected. After getting approval from people, it become a legal document which has to follow by
every business or people.
UK is a part of European Union which includes various rules and regulations that have to
obeyed by each business otherwise they have to bear punishment. In some cases, courts has give
decision which will be helpful in taking decision in future in same situation.
All above mentioned are the sources of English legal structure which is helpful in solving
the issues that are occurred between two or more parties. There are various legal laws which are
a legal obligation on every business and if there occurs any problem then these laws helps in
resolving them effectively and ethically.
From the above discussion, it can be concluded that commercial legislation provides
support in carrying out business activities smoothly and effectively. This legal document has
various rules and regulations which guide to an organisation that how to carry out activities by
which business can reach to its decided destination with in specified period of time. At present
scenario, government has various rules and regulations which have main motive to protect the
right of people like consumers, businessmen, employees etc. Parliament makes these legitimation
on the basis on condition of economy so that it can handle critical situation can be manged
effectively.
P2 Role of government for passing an Act and its application in justice courts
Top authorities play an crucial part in the implementation and formulation of different
types of Acts. Top person of the country is only accountable for making the acts that means that
it has only liable in developing an legislation. When condition of country is negatively affects the
lives of people then for preventing this, government has to take corrective action so that
everyone can live their effectively. For handling this, they make rules and regulations which aids
in handling critical situation of economy. In order to develop, a proposal is made which will
contain all provisions regarding existing situation then it will be send to cabinet ministers who
will give their opinion on this topic and tells that whether it should be passed or not (Carroll and
Buchholtz, 2014). If they agree with this then proposal will convert into a bill that will involve
various provisions which will aid in solving problems. After converting into bill, now it will go
to parliament house for getting approval so that bill can become a legislation. For getting g
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favour of members, government gives their best so that it can achieve its desired result and bill
can become a legitimation. There are different phases which has to be followed when a bill is
present in legislative assembly's members that are described below-
 Each associate should have copy of proposal that is going in parliament house for getting
approval from them.
 Members of top authority should resolve the question of other people so that they will
vote in favour of bill.
 Members group and legislatures talk about the bill and government tries to resolve
queries related to proposal so that it can get approval from the concerned authority.
If any alteration is required in current legislation then there will be formed a committee
which will include approx twenty parliament members. They will start discussion with each
other and will take decision with mutual consent and then after, it is sent to the Monarch so that
they will give their consent on this and it can become legal document.
Enactment of legislation is a written act enacted by a legislature and it has descriptive
creation which are passed by respective political authority. It involves various provisions that
assist in solving public difficulties and also avoid different kind of disputes. If an individual
wants legal justice then he can take help of court which will give their judgement on the basis of
provisions that are contained in legal document. Court takes decision whether to punish or not to
the accused person which will be totally depend on the provisions of statutory provisions. They
can not final any decision in the absence of existing laws. There are various kind of public
legislation which is wholly contrary to legal acts because it is related to those judgement which
are taken by court in their previous case. In other term, it can be said that body takes judgement
on the basis of previous opinion that are given in same case. In this situation, there is no
requirement to follow any type of acts that are made by government (Eren and et .al., 2012).
SECTION 2
A job provider is that individual who creates job possibility for the large number of individual
and assists in the evolution of economic system of the country. Various obligations are there
which a leader is liable to fulfil in every situation. He has to fulfil these obligation in every
situation otherwise he may be liable for penalty. There are various responsibilities of employer
which are as follows-
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 Occupational Health and safety- As per this, administration act, an employer has to
supply that working environment to its workers which is free from any hazardous
situation. He should provide all safety tools and equipments that are helpful in avoiding
any dangerous situation. He is liable to provide training to all employees so that they
can get awareness about expected harm that are present in a particular job and can take
corrective step for protect themselves from the danger (Esposito, 2012). As per OSHA ,
workers should be given treatment as well as training so that they can take precaution
during carry out business activities. If an incident take place in the workplace that
employer is responsible to deliver information to OSHA within the time period of eight
hours. In case of, an employee lost his eyes than firm has to report within one day. It is
the responsibility of manager to keep a record of all accidents take place during the
working hours. Firms in which less than ten employees works are not liable for the same.
 Workers compensation- In United Kingdom, there are several kinds of rules regarding
wages of workers like Equal Pay Act, Minimum Wage Act etc. These legislation have to
follow by every job provider in every situation whether he is able to pay or not, it does
not matter. These laws have primary objective to protect the rights of employees for their
survival and smooth functioning.
 Equal opportunities- According to Equal opportunity act, every worker should get fair
chance of growth. It is the main responsibility of employer to ensure that everyone is
getting opportunity equally and according to their capability. If job provider will do
discrimination then it will not be good for company because it will demotivate to staff
and then they will not perform effectively and according to the standards.
P3 (B) Laws regarding employment and contract and their potential impact on enterprise
In UK, here is several kinds of rules regarding employment that has aim is to provide
safety to the the rights of employers and subordinates (Fassin and Buelens, 2011). This act is
develop for solving critical issues arise at workplace like hours of working, selection and
dismissal of an employee. Following are the main elements of employment act.
 Equality Act- Main aim of this act is to eliminate discrimination of workers from
workplace. This act encourage that equal opportunity of growth should be provided to all
workers and discrimination should not be done on the basis of their colour, age, gender
and etc.
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There are large number of employment laws are there which play an important role at
workplace. It helps in defining the roles and responsibilities of workers and managers towards
each other. It is very essential for the manger to deliver all the essential data with the employees
so that healthy working conditions can be maintained at workplace. This encourage motivate the
workers to do their best and they contribute a lot in the success of firm. All this help in
decreasing the number of conflicts arise at workplace. (Folsom and et .al., 2012).
Contract can be defined as a process in which more than one parties are involved who are
legally responsible for any unethical thing. In given case study, a 16 year old girl was employed
in a restaurant. While performing job, she felt downward and for saving herself, her left hand
goes into deep fryer which had boiling oil. From this incident, her left hand was burnt totally. In
this, organisation is responsible because there were no proper staffing as well leader does not
come for evaluating process.
This accident will influence the business in negative manner that er given below-
 This will negatively hamper the positive image of fashion house and will also dexrese the
amount of its profits.
 Management also has to pay compensation to her so that she can take treatment from best
hospital.
 Proper monitoring of manger and leader help in reducing the number of accidents
occurred.
 Deliver effective and proper training to workers is one of the essential responsibility of
firm.
SECTION 3
P4 Legal solutions for the cases
In UK, here is various number of rules and regulations are there which assist and state
about the recruitment and dismissal process of an individual. several number of employment
related law which states about the process of recruitment as well as of retrenchment of
employees. There are two form of termination which is not a good practise that are unfair
dismissal and other one is wrongful termination.
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Wrongful firing- In given scenario, employee [Mr. Calvin] got termination without
receiving any prior notice and by breaking of existing contract then it will be known as wrongful
dismissal.
As per the employment law, it is the responsibility of an employer to serve an employee
with proper notice in advance so that they can look for new activity. Before terminated an
employee, management has main responsibility to give him right amount of warning so that he
can know that on what basis they are dismissed from the occupation so they don not repeat the
same in the future.
Unfair termination- If job providers terminated his employees without giving valid
notice or any valid reason then it will be known as unfair termination. If a worker is dismissed
from his job then he has various legal rights that can be got by him like compensation etc.
Generally, in this type of cases, enterprise find out the reason on what basis he can terminate to
them. Whether an employee is doing part time job or full time, it does not matter according to the
law. There are various legal solutions which can be avail by Mr. Calvin that are explained
further-
 Restoration- In this, employees can go back to their respective job as if nothing had
happened.
 Re-engagement- In this, employee are retain for a different job role but comparable to
original employment.
 Compensation- If an industrial tribunal assumes that from re-engagement and
reinstatement options, person is not satisfied then he can take compensation from
employer.
From the above discussion it is concluded that in the given scenario, Calvin can go the
court and can avail any one option that are mentioned above. If company wants to avoid this
situation then it should give proper notice before conducting termination process and should also
find out the correct evidence that will prove the real guilty (Hayden and Bodie, 2012).
In next one case study, Mr. Dan starts a new store which is fired and everything had
destroyed. As per Insurance legislation, company has obligation to tell about their policies
clearly to their clients so that they will not do any fault knowingly. Insurance company has also
obligation to take away all confusion that occurs in form filling procedure. This incident will
influence insurance company negatively and also has to face legal consequences like-
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 Image and goodwill of the company will go slow down by which market share and
revenue of the firm will also decreased.
 Because of this, less number of people will take its policy.
For ignoring this situation, plaintiff party should give proper amount of compensation to
defendant as well as should give apology letter for his inconvenience. This activity will save
their brand image in the market and will also save their money. If it is possible then company
should not take help of judiciary system because it will consume lots of time and money and will
also have to wait for long period of time for getting solutions. (Hiller, 2013).
P5 Justification of selected solution
Every citizens and business have to follow government rules and regulations for carrying
out their activities smoothly and effectively. This kind of resolution will provide various benefits
to both individuals, one is that who is going to sue and second one is job provider against whom
petition will be filed. Organisation's name plays an important role. In the scenario, if Calvin files
case against the name of firm rather than on an individual then it will decrease the brand value in
the market that will reduce its sales also. So it is recommended that disputed parties should take
help of alternative ways rather then to take help fo court because it will be costly affair for
individuals.
In next scenario, Mr. Dan files an application for getting compensation but insurance firm
does not consider it. So it is recommanded to company that it should pay correct amount of
money so that it can save their brand value in the market. Generally, Generally, mostly people
want to resolve their issues by taking help of judiciary system because they assumes that they
will win. In the given study, Fashion house can also win this case if it explains the valid reason
of termination why it fired Mr. Clarke from the job with out any prior notice. In this case, it
should hire a good lawyer who is able to convince the judiciary system. From the above
discussion, it is concluded that it is better for the company to find out alternative ways for the
settlement rather than to go court.
In second scenario disputed parties can also do same things that are applied ion firast case
study. That is they can find out solution in with the help of dispute resolution process rather than
to go court because it will be costly affair for them. Both of them have to pay high fees to
lawyers, other legal charges and every party have to follow long procedure etc. It is advisable to
insurance company that it should not take support of court because it will not be good for the
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reputation of company because in this case all mistake are done by itself. If it will go to court
then there will be no confidentiality and every one will be able to know about matter which will
reduce its market share. So in this case, it both parties should take help of alternative ways
Tehran than to take support of judiciary system.
SECTION 4
P6 (A) Concept and benefits of Alternative Dispute Resolution Process (ADR)
One of a most helpful method through which disputes get resolve between more than two
parties is ADR. The issues get resolve with support of arbitrator who is not even a part of any
judiciary body. It includes neutral evaluation, negotiation, conciliation and arbitration. It is
consider as best approach because less time consumption consider as advantage of this as well as
issues remain in between the three persons who are related with that. Under this method, a
neutral person is selected by the disputed parties which is known as arbitrator. Third person is a
ultimate judiciary who lead to take decision by not taking a side of one party (King and Raja,
2013). ADR process provides various benefits to parties in the following manner-
 Saves time- One of a most time consuming method through which all issues get resolve
in minimum time period without involvement of other one. As decisions are taking on
frequent manner.
 Cooperative negotiation- A negotiation process take place which get done with the help
of arbitrator who work as third party. That person do not have any interest with parties
and decision making process take place by negotiation between both of them.
 Neutrality- Process of favouritism get decline as a person do not have any kind of
interest with one of the party. This makes the decision making process neutral where
interest of both parties take care by a arbitrator.
 Confidentiality- Problems and issues remain between all of the three persons who are
related with issue. As the process of confidentiality aid in securing the image of both
parties.
 Flexible result- In this thought, every aggrieved individual face to face contact with each
other. (Leung and et.al., 2013). So in this, problems can be resolved according to the
requirement.
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P6 (B) Recommendation on an alternative legal solutions
In the given scenario, disputes are originated in those parties who were having better
relationship. According to scenario, the parties in which issues arise are Antwon and Tyrell who
are partners in a firm for very long time period. As for the sake of their friendship, it suggest that
they have to use alternative dispute resolution method. By adopting this method, they become
able to take resolve all conflicts which arise between them and thus it results in maintain their
friendship for long term. Along with this, they also gain the benefit of short time period in which
they can again start a new business. By following the tribunal they lead to lose their status as
well as bond which already framed between them. As per this, they are suggested that, both of
them have to choose ADR method under which their issues get resolve in frequent time manner
as well as their partnership will remain constant for long term.
CONCLUSION
Business law is consider as essential thing for executing a firm in an adequate manner. It
provides a blueprint to an individual who so ever is working in a profit based organisation to
maintain their level of working by performing ethical pattern. English legal system is very
complex in nature and very time consuming as well while dealing with any type of business
problem. Different sources such as Parliament of United Kingdom, common legislation,
European union and case law are helpful term while taking adequate decision for many issues
which arise at such country. For formulating the rules and regulations, government play an
effective role. They are the ultimate one who lead to prepare legislation which have to follow by
every individual. Hence by follow them all critical problems and issues get resolve which is an
essential thing. There are various number of regulations get framed by government which are in
favour of employees and have to follow by employer which are as employee wages, workplace
health and safety, abuse etc. Hence, these laws are helpful to each and every employee in taking
benefits of good working environment.
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