Business Law Report: Legal System and Employer Obligations

This report, prepared by Vincentiu Paul Repta, examines key aspects of business law within the English legal system. It begins with an overview of the legal structure, sources of law, and the government's role in lawmaking. The report then assesses the effectiveness of the legal system, considering current reforms. A significant portion is dedicated to employer legal obligations, covering health and safety, worker compensation, harassment, equal opportunities, and employment contracts. The analysis extends to the impact of regulations, legislation, and standards on businesses. It also outlines legal solutions for business problems, justifies these solutions, and evaluates their positive and negative impacts. Finally, the report explores the concept and benefits of Alternative Dispute Resolution (ADR) processes and provides recommendations. The report, submitted in April 2018, provides a comprehensive overview of business law principles and their practical implications.

Vincentiu Paul Repta
Unit title: BUSINESS LAW
Student number: 17000832
Date: 20/04/2018
Batch/Group...HND-HB-B-D01
Lecturers name: Sahar Ata
Year/Intake: September 2017 cohort

Table of Contents
INTRODUCTION...........................................................................................................................1
Section 1...........................................................................................................................................1
P1 The structure of the English legal system and various sources of laws that organisation
must comply with........................................................................................................................1
P2 Government roles in law making...........................................................................................3
M1 Effectiveness of the legal system in terms current reforms and development.....................4
P3 Explain Employer legal obligation in various relation..........................................................4
M2 Distinguish and analyse the potential impacts of regulations, legislation and standards.....6
P4 Outline appropriate legal solution for business problem.......................................................6
M2 Distinguish and analyse the potential impacts of regulations, legislation and standards.....7
P.5 Justification...........................................................................................................................7
M3 The positive and negative impact of legal solution to the business problems......................8
P.6 Concept and benefits of using ADR process........................................................................8
M.4 Comparison the effectiveness of two various recommendation..........................................9
CONCLUSION................................................................................................................................9
REFERENCES..............................................................................................................................10

INTRODUCTION
Business law will support to the organisation in terms of various issues and conflicts
which are hindrance for smooth business operations. The legislation of the firm in a various
practices such as hiring of new employees. The report will be highlighted in the four different
section in such nature of legal system, impact of the legislation, legal solution related to the
business firm and recommendation for accurate legal solution based upon additional legislation
suggestions which are carried out by any firms. The hierarchy of English legal procedure and
different sources of laws which are necessary to comply by organisations. The important role of
government in law making. The effectiveness of the legal system in terms of current reforms and
development. On the the other section, employer legal obligation in different relations. Also the
distinguish and analyse the potential impact of regulation, legislation and standards. The
appropriate legal solution for business problems. Justification for organisation solutions. The
positive and negative impact of legal solution to business issues. Lastly, the concept and benefits
of utilising ADR( Alternative Disputes Resolution) process and recommendation for the same.
P1 The structure of the English legal system and various sources of laws that organisation must
comply with.
The better the legal system more comfortable living standard of society. The proper
structure of the English legal structure will help to bring easy justice. The following system have
been adopted by the nation. The categorization of the UK system including countries such as
England, Wales, Scotland and north Ireland. The purpose of legal system in a different stages are
makes the entire nation runs in a proper rules and regulation. The system have been divided into
various categorizes in which the upper house will be the supreme court under which criminal and
civil court will be running.
The supreme court of the nation under which all the issues are covered. It can be the last resort
and the more number of appellate court in the UK though the court of judiciary will be the final
resort. The supreme court has power to resource the conflicts with the effectively As in the
united kingdom had doctrine of parliamentary sovereignty.
Criminal court under which three court will be handle the various issues such as :
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Court of Appeal: it is in the England and Wales which can be the top most portion of court after
the high court. As the courts of Appeal is associated in London in the royal courts of justice. This
court will be categorise into civil and criminal.
Magistrates courts: These will be the beginning of all the criminal issues of the nation in which
the magistrate court hear the matters under the two or three magistrate. The district judges will
be the head of this court. There is not any jury members in magistrate court., the mostly the case
which are motoring offences, some of the minor criminal damages, drunk and fighting. Apart
from this issues some of the more serious issues will be deal by this court such as burglary and
drugs offences. The bail will be granted under with the strict terms and condition(Kripke,
2016).Magistrate court Wil punish to the offence and he or she will get up to six month in prison
or the fine of 5000 pounds.
Crown court: It is the part of criminal court under which no any new evidence will be provided
to the court of appeal but it have the investigation for the requirement in the interest of justice.
are the issues which are come from the magistrate court. As the crown court will deal with the
critical matter such as murder, rape and robbery. The have jury member which will decided the
suspect person of the case. The judge will decide what sentence give to the offense. They can
give community sentences and prison sentences which can also be included life sentences. If the
justice not made proper in this court the case be transfer to the appeal.
Common Law is a lawful structure of the England and Wales is Common Law single in
which choice of the senior investigative enactment bodies. European Union Law Unite Kingdom
is a Member State of the EU which can be sum up that European Union enactment outweighs
United Kingdom(Leston-Bandeira and Thompson, 2017). Tradition on human right in the
assembled kingdom is the piece of association and it can be incorporated into the European
Council and every last tradition on human right which is connected enactment in the court of the
United Kingdom.
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P2 Government roles in law making.
The United kingdom government focusing on the effective environment by creating better
legislation of the business as well common citizens of the nations.;
The diverse imagined by the organization while making laws, for instance,
Charge is the documentation organize the laws which rely upon expect of particular laws
in the nations. As the organization will pass the bill in parliament with bigger part votes of
people from parliament. As the bill can be pubic and private which can be basic for the locals. In
any case, the private bill have signifiant influence on the particular group. While the impact of
open bill will be germane to each one of the subjects of the nations. In any case scrutinizing if
the bill once present in parliament it is the underlying advances that is suitable examining of the
senior people to find distinctive oversights in control and any misprint that can cause due to
bungle in creating will be evil to the nations(Cheeseman and Garvey, 2014). As the place of
essential will be accountable for all the bill to give examining. Second scrutinizing is the
essential examining have been done a comparative bill be hovered for the second examining for
the discourse set up of ordinary in references to report of first examining charge feasibility and
variability will be redress according to the people. Gathering organize the bill have been
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Illustration 1: Structure Of the English Legal System.
Source:aw.wisc.libguides.com

examining twice that a leading body of trustees will be shape to know their essential of bill will
meet the overall public solicitations and diverse issues will be discussion about by the people
from warning gatherings. As indicated by the sheets of trustees will offer proposition to changes
diverse progress in laws will be considered. Third examining, charge will be accessible again set
up of essential with honest to goodness change made. Voting will be held in which the expulsion
and affirmation of bill will be last by consequences of voting. Place of Lords, In these stage
place of ruler will keep an eye out to the bill in light of voting comes about after that bill be
streamed again set up of standard on the reviews of bosses. Famous climb, all the movement
have been done these are the last stage where bill will recognized or reject. When it will be
recognized the bill pushed toward getting to be laws and it can be applicable on the general
populace.
M1 Effectiveness of the legal system in terms current reforms and development.
The current reform made in the English legal system for the better development. This
have various advantages and disadvantage.
Advantages and Disadvantages of the current legal system
Common law is made by the judge which is the current legal system. The main advantage of the
common law is to bring the specificity in which this law will clear and implement the civil law.
The statement given by the act of parliament(Hamermesh and Sparks, 2015). The another
advantages of this law is the unforeseen cases which can be responded to the issues and
outcomes with the fact which are not foreseen by the lawmaker. This law will assist to deal with
the real life situation.
Disadvantages:
Optional Efficiency: This can be the making of the common law in which the effective abilities
of the legislation changes in which
Undemocratic Law: Parliament are chosen by and mindful of the common law in which the
people will get the justice from the court. The judge will give their reviews on the basis of issues
have been justified. The major disadvantage is that this law will be more crucial in the media.
P3 Explain Employer legal obligation in various relation.
In the organisation the most important aspect for the common law in which the employer
must be considered for the improvement of the employees as well organisations. Different legal
obligation which can be relation with the employer such as follows:
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 Occupational Health and Safety: Employee will be the most important resources for the
organisation. The employer have the legal obligation for the health and safety. Under the
health and safety at work act 1974 have the primary piece of law which will covering the
employees health and safety in UK. The main responsibilities of the employer to their
employees. It is important for them to provide effective equipment and training to protect
them. For the employer it is important to consult with the best person who can manage
the firm(Folsom, Gordon, Spanogle and Van Alstine, 2012). For the employer proper
audit should be made for the firm development to check whether the employer had done
the better arrangement for the employees safety. Under this act employer requirement for
the heath and safety. Hence the act majorly focus on the on the employee betterment in
the organisations.
 Worker Compensation: This can be the most important aspect for the employer in
which the better compensation systems in the organisations. Worker compensation Act
1943 is the most important legislation for the employer as well employee(Brown, 2013).
But the employer has to provide the better salary and wages to the employees.
 Harassment: The protection from the Harassment. Act 1997 in which the employer has
to be effective done in the organisation in which the major contribution which will bring
the intended to amount to harassment that employees. The various specific role when the
employees will be harass or any types of misconduct. Employer will be responsible to
save the employees with the harassment.
 Equal Opportunities: The equal opportunity act 2010 have main aim to encourage the
identification and elimination of discrimination, sexual harassment and victimised and
their cause and advertise with the better opportunity in the organisations.
 Employment and contract law: This can be the most important act for the employer and
contract law. The contract and employment Act of 1963 which has been act of house of
common law of the UK. It can be entitle the employees to the right of ones previous
average payment during the time notice period. As the employment contract is one of the
categorise of contract which have been used in the labour law that attribute to the right
and responsibilities between different parties to a bargain.
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M2 Distinguish and analyse the potential impacts of regulations, legislation and standards.
Control is vital for the firm to perform parts and obligations in connection to enactment.
The influenced association in unfavourably as they have to apply it in fundamental practices.
Enactment is an effect associations as they have certain parts to shield client from embracing
risky administrations if gave by firm. Likewise the speculator and lenders are additionally
secured by laws. Rivalry likewise affect unfavourably to agree in its powerful working. Standard
The firm needs to keep the quality standard which are set by the administration as it furnish
client with higher nature of items ans administrations with powerful activity which will improve
administration.
P4 Outline appropriate legal solution for business problem.
Under the Employment rights act 1996 which is controlled in UK and give the benefit to
each one of the delegates and worker or works including them in having the straightforwardly
completed their movement. No business or manager can end the movement of any person who is
the bit of the relationship on uncalled for preface. The out of line removal in UK is moreover the
bit of the Employment Right Act 1996 which will require them in giving free and sensible
plausibility of securing their case and not giving the benefit to chief to terminate the action of
individual without giving them free and sensible chance to legitimize their case. In the chief
occasion of Calvin where he was rejected from his work by his supervisor Donna on uncalled for
and wrongful removal. When she checked and found that the minor cash box was having the
absence of about £100 so without investigating the whole event she dismissed him. As she saw
that Calvin was carrying on in the suspicious way and £100 was missing she felt that Calvin had
done the thievery without asking some other individual as there were 4 distinct labourers who
were accessible. Calvin was used at the plan house for late years and just he was acting
suspiciously and money was missing he was given up from his movement(Mallor and Langvardt,
2014). So for this circumstance Calvin can record an assortment of confirmation against his
director Donna for the preposterous and wrongful ejection under Employment Rights Act 1996.
He can declare for either the compensation or recouping his action.
In the second occasion of Dan and fire protection office where in the store of Dan fire
was happened and after that he applies for the security ensure yet the association declined to do
thusly. The protection office at the period of claim asked Dan that was any claim on a security
technique over the latest 2 years and he gave the wrong information that there was no claim in
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latest 2 years. Regardless, after that protection office found that there was a claim which was
archived 23 months back. In addition, this was the information which was not provided for
protection organization so the protection office isn't liable to pay to Dan. At the period of case
there is a true blue position of both go down arrangement and solicitor to reveal each and every
material conviction and information about the event. In the security contract there is most
extraordinary incredible certainty which unmistakably infer that all social occasions in contract
are under strict commitment to deal totally and genuinely with each other by revealing all the
material information and convictions. So it was the commitment of Dan under the security way
to deal with disclose that he ensured assurance plan 23 months earlier anyway he didn't tell the
protection office so the association by declining to pay did right.
M2 Distinguish and analyse the potential impacts of regulations, legislation and standards.
Regulation is critical for the firm to perform parts and obligations in connection to
enactment. The influenced association in antagonistically as they have to apply it in essential
practices. Enactment is an effect associations as they have certain parts to shield client from
receiving hazardous administrations if gave by firm(Allen, 2016). Likewise the financial
specialist and lenders are additionally secured by laws. Rivalry likewise affect unfavourably to
go along in its viable working. Standard organisations needs to maintain the quality standard
which are set by the administration as it furnish client with higher nature of items ans
administrations with compelling activity which will improve administration.
P.5 Justification.
In finished the two cases, there are no solid confirmations that help for unlawful
exercises. The sensible judgement in both the cases are not imperative as misfortune was
reprimanded irrationally as he had done no illicit or unlawful exercises and additionally with no
solid assertion that shows him at fault. In addition, Calvin need to sue dispute against Donna as
indicated by finish Calvin with no authentic notice. While in other case, Dan needs to sue to
insurance association as parts were not issued by it. Further, these cases have a place with
prodding and individual rights which are required to stop and sensible judgements ought to be
given by law so people may not mishandled by the affiliations.
The Justifications might be given for business blueprints in relationship with above both the
cases are as indicated by the going with:
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 Specialists compensation: Representatives must be repaid if there ought to be an event of
any scene occurred in the working environment. It is the commitment of associations and
of relationship to make guarantee that representatives might be given agreeable security
in the working environment and if any mischief happens, by then he ought to be
genuinely adjusted. It is reinforced that remuneration to worker ought to be satisfactory
with the target that he may release its apportioned duties well and thusly, pay might be
given to him.
 Honest to goodness Defence: Lawful security is related with delegates and even
affiliation. For this situation, assign has been irritated and thusly, true blue confirmation
is appropriate to it for sensible equity. Workers might be ensured against any false claims
which are charged to them by associations which might be found in the above case as
boss deceitfully demanded specialist that he is the punk. Everything considered,
legitimate; assurance gives good l fashioned help to authorities.
These business game-plans ought to be made by affiliations so they may pass on practices
without hardly lifting a finger as they are lawfully sprinkled up by the law.
M3 The positive and negative impact of legal solution to the business problems.
The positive and negative impact of legal solution to the business firm in which the
various requirement of the organisation is important to considered in the organisation. On the
closing of the organisation which don't have to take after the infrastructure and various issues
need to be discuss in better manner. It is most important things in which the effective solution
will be made by the employer to solve the issues in the business for more growth and
development will takes place.
P.6 Concept and benefits of using ADR process.
The organisation need to implement the effective business solution in which the major
concept and benefits of the Alternative dispute resolution will help to solve the issues of the firm
from the involvement of the third party. The benefits of the ADR can be made from the save lot
of time by providing the resolution in weeks or month compared to court which can taker years.
Put the parties into the control by providing them an opportunity to tell their issues.
According to the instance of Antwon and Tyrell the best arrangement is Alternative
Disputed Resolutions. Both can illuminate theirs issues with the shared arrangement. They both
are most likely going to keep up the working relationship with each extraordinary as this is
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productive for them two so they can take after the method for ADR structure. They can resolve
this dispute and continue ahead with their diverse business concern(Gitlin and Flaschen, 2016).
This is the best way in settling the dispute between them both as they both are not in help to
break the working associations among both and suspecting work with each other. Also, the other
recommendation will go till court and after that settling the case with then real going before
which will be excessively extravagant and dull.
M.4 Comparison the effectiveness of two various recommendation.
Business arrangement is powerful as it will proposal to the organizations to finish the
work as per the lawful arrangements. It is essential for not to centre around the negative effect to
it. Both the proposal for the case Antwon and Tyrell can be the strategies of illuminating the
issues or the contentions in the middle of them two(Kripke, 2016). In any case, can be reasonable
which would be Alternative Disputes Resolution which will tackle out case and afterwards a
shared comprehension will be settle on better choice with powerful arrangement. Subsequently,
then again the issues will unravel out with the activity according to the legal procedure will be
increment the cost ans time for both the gatherings and the ultimate results of judicature for both
the necessity should be taken after at any cost.
CONCLUSION
From the report business law it can be easily concluded that English legal system play an
important role in the business as well society. Under the Employment rights act 1996 which is
controlled in UK and give the benefit to each one of the delegates and worker or works including
them in having the straightforwardly completed their movement. The legal obligation of the
employer such as Equal opportunity, worker compensation, Health and safety are the major par
of the employee betterment which is the main responsibility of employer. Calvin need to sue
dispute against Donna as indicated by finish Calvin with no authentic notice. While in other case,
Dan needs to sue to insurance association as parts were not issued by it. The alternative dispute
relation will the most important aspect for the person who don't want to spent more amount in
then legal obligation with the the proper reso0ultion will be done by the third party with the all
the issues hearing from both the side.
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