Business Law Report - English Legal System and Dispute Resolution

This business law report provides a comprehensive overview of the English legal system, its structure, and various sources of law. It examines the government's role in law-making, differentiating between statutory and common law. The report delves into employer duties under different conditions and explores solutions to legal problems and conflicts. Furthermore, it discusses alternative dispute resolution (ADR) processes and offers recommendations, including a comparison with another country's legal system. The report covers key aspects of business law, including working time regulations, pensions, and trade union laws, offering insights into legal frameworks essential for business operations. This document, contributed by a student, is available on Desklib, a platform offering AI-based study tools.

BUSINESS LAW

Table of Contents
INTRODUCTION...........................................................................................................................1
TASK 1............................................................................................................................................1
P1. English legal system and its structure also different sources of law.....................................1
P2. Government's role in law making process and application of statutory and common law...2
TASK 2 ...........................................................................................................................................3
P3 (A). Duties of employer applied in different conditions........................................................3
TASK 3............................................................................................................................................5
P4. Appropriate solutions for legal problems.............................................................................5
P5. Appropriate solution for various legal conflicts...................................................................6
TASK 4............................................................................................................................................7
P6. (A) ADR (Alternate dispute resolution) process..................................................................7
P6. (B) Recommendations and comparison with another country..............................................7
CONCLUSION................................................................................................................................8
REFERENCES................................................................................................................................9

INTRODUCTION
Business law is able to deals with the creation or establishment of business. Through
which issues are also resolve arise within existing business interact with public, legal authorities
and other firms. It is considered as legal implication which is imposed on entities. As it is
enforceable legal system which is beneficial for all types of firms. There are various types of
sources of laws that every company needs to comply with (Plerhoples, 2012). English legal
system is responsible to follow systematic structure for its smooth functioning. Legal authorities
play significant role in law making process. Through which growth and development of country
is possible.
TASK 1
P1. English legal system and its structure also different sources of law.
English legal system is the legal body itself which needs to follow systematic structure
for the smooth functioning. Through which they are able to take effective decision. It having
impact on the existence of entire country (Strauss, 2011). Management take decision on the basis
of this process. There are various types of courts which are incorporated for the purpose of
resolving matter of people. Criminal cases are usually file in criminal and other cases file in civil
courts. In UK, it can be considered that in accordance with the hierarchial structure of courts in
UK, the decision of higher courts is binding upon the lower courts. This forms a basis of a
Doctrine of Precedent.
So, in this regard, Supreme court is at highest and topmost authority level, which is also
known as House of Lords. In this aspect, decisions made by the cited court are binding upload
this court. After supreme court, Court of appeal realises its duty. It is further divided into two
parts, which can be characterised as Civil and Criminal Branches. In this light, it can be said that
decisions, which are ruled by both the courts are binding upon its lower courts. These courts can
be further divided into magistrates court, county court etc. In this light it can also be considered
that decisions of Supreme and high court are binding upon lower courts.

Different sources of laws, which are required to be complied by organisations are:
 Working time regulation act, 1998- According to this law employees are only
able to work 9 hours in a day and 48 hours in a week. This regulation governs
time of worker and define stipulated rest in breaks, leaves etc. No employer can
use workers more then time specified in law. But if employees done overtime and
also firm paid for the same then it is enforceable by law.
 Pensions act, 2008- Employees which leave office after providing their duties
from so many years. Then company is responsible to made payment to them equal
to the rate of percentage is mentioned under law. As per this law firms are bound
to provide this compulsory payment to their employees.
 Trade union and labour relations act, 1992- Trade is responsible to provide
better advice to both employer and employee. They need to maintain relationship
among them and try to manage their performance as well.
Constitution- It is considered as biggest sources of law. Furthermore, it can separate
power among other legal authorities and try to maintain their performance as well.
Illustration 1: Structure of English Legal system

Legislature- Every single country having their own legislature such as UK. Also it
consists some legal bodies such as statutory and statutes laws (Armour and Ringe, 2013).
Members of courts are responsible to follow those rules and regulation which are imposed on
them.
Executives- Precedent is significant source of law. It having certain power to take
effective decision in interest of entire country. All business organization are responsible to
comply with policies and procedure which are imposed on them.
 Treaties- This process is considered as legal agreement which is needs to be
frame by two or more then states. Each state select one representative who having
full knowledge about laws. They are bound to represent their own state and try to
frame written legal contract which having their stamp. Various types of terms and
conditions are mentioned under document and parties are bound to comply with.
Judiciaries- Different types of courts are consist in this source of law such as judges,
lawyers and other (Friedman and Hayden, 2017). Dispute of parties has been resolved by them
by using their collective efforts. As they are bound to follow rules, regulation and policies which
are imposed on them.
 Common law- On the basis of this law courts are able to effectively contribute in
decision making process.
 Case law- According to this law judges have needs to take a look past discussed
cases while discussing new relevant case.
The main difference in between Civil law and common law can be characterised as:
Civil law Common law
 It has been incorporated in history of
European law.
 In this kind of laws, it can be said that
judges are often called as an
Investigators. Also, they have less
interests in any kind of civil
proceedings.
 It has been evolved in English law.
 In contrary to civil law, judges are
liable and entitled to make
representations to judges.

In addition to this, it can be evaluated that there is another concept which can be refereed
as Doctrine of Equity. So, In context of English legal system, it can be said that equity refers to
Body of Association which was evolved in English Court of Chancery. It is being administered
with common law. Doctrine of equity is a term which signifies to create and sustain an effective
balance in between the need and requirement of law formation and its application in different
aspects with a motive to achieve fair results. Furthermore, it can be said that equity emphasises
on to create equitable opportunities in terms of opportunities. Moreover, it seeks to prevent any
undue advantage to any defendant and also it restricts to create any harm to plaintiff.
In this light, legal system in UK has also rendered various types of laws and legislations
which can be defined as follows: Criminal law: It is a pat of the law, which is related with a act of crime. This section of
law describes an act of crime in way of threatening , causing harm and other activities,
which causes harm to health, safety and moral welfare of people. It is different from
criminal law in terms of judgement. Also, in criminal law, more focus is on the
punishment. Civil law: It is a part of a legal system which was incorporated in European law. In
addition to this, civil law is a concept in which there is a group of systems and legal
ideas. This law was evolved with a basic intention to render all its citizens and members
of a country with written collection of laws and regulations which are applicable and
must be followed by them. It is different from criminal law in aspects of decision formed
as, it only emphasises on compensation and other civil prospects, rather then punishment. Judicial precedent: This doctrine is based on the term of Stare decisis. In this aspet, it
can be said that there is a great significance of judicial precedents for judges. Tey look
upon previously framed decisions and form decisions on the basis of it. In simple words,
it means that once a law, on the basis of which decision has been framed, then , that law
can be serve as a foundation for all other future case laws.
 European law: These laws and legislations are a set mechanism and system of rules and
regulations which are operated in an arena of ember sates of Europe. These laws and

regulations are framed with a view to enable functioning of a country in an amicable and
legal terms.
M1 Effectiveness of the legal system
In order to make a legal structure or system of a country in an effective manner then, it
can be only possible by implementing various measures. These can be realised in terms of
ensuring effectiveness in detaining criminals. In this light, it can be said that there should be
fairness in legal system and judiciary of country. Moreover, judges should be provided with a
knowledge so that they can handle cases in a prompt manner.
Therefore, considering this, development and reforms can only be introduced to legal
system of UK by ensuring that there should be more efficient information and technology so that
proper network of channels can be maintained to catch criminals. Along with this, specialists
courts should also be established.
P2. Government's role in law making process and application of statutory and common law.
Government of UK having certain power to protect the interest of people and try to
maintain their performance as well (Kolk and Lenfant, 2012). Live freely is the fundamental
right of every citizen which is needs to be delivered by legal authorities. In order to prevent laws
which are enacted by parliament, government frame some further rules and regulation which are
imposed on them. They are responsible to prepare draft of bill with the help of certain laws.
After that they send the same to parliament. If parliament provide royal consent for draft then it
becomes act and not then there is no legal act is able to create. Furthermore, legal authorities are
must ensures that exiting companies comply or not with rules. If they found some wrongful act
in any premises then imposed penalties on them. Further, roles of government can be recognised
in terms of following steps:

 Cabinet must mark their confirmation upon the proposals which are required to be taken
in a further direction for an aim of constitution of bills.
 The next step involves preparation and formation of bills from proposals.
 Afterwards, scrutinisation of bills takes place.
 The, at parliament of a country following stages are performed and adhered step by sep:
◦ First Reading: It can be considered at that stage in which bill is resented in front of
cabinet ministers. Then, bill is passed through House of Commons. Moreover, this
phase of law formation involves no debate and discussion over proposed bill. In
addition to this, first reading of bill can be conducted at any time at the time of
session of parliament.
◦ Second Reading: It comes after the phase of first reading. In this step, it can be
concluded that first opportunity in terms of debate or discussion in terms of proposed
bill. It is a notable fact that discussion over applicability of legal rules and regulations
in pertaining to proposed bill is taken into consideration in this present stage.
◦ Committee stage: In this committee stage, cabin ate ministers and members of
parliament are required to consider legislation which are entailed in a bill. In addition
to this, various amendments are also performed by committee in this respective stage.
Illustration 2: Parliamentary stages of law- making

◦ Report stage: This phase of law formation of bill considers all those clauses and
sections, in which amendments and modifications which are required to be done. In
this regard, it can be said that there are members of parliament have a discussion over
all clauses which are required to be amended and modified as well.
◦ Third Reading: It can be assessed as that stage of parliamentary law making stage in
which further modification and alterations can only be performed by team committee.
◦ In addition to this, nest step of parliamentary law making includes that bill approved
by one house is considered by another hpuse.
◦ In the end, then bill is considered by Royal assent and its finally, bill classified as
legislation.
In this light, it can also be evaluated that legislation is a legal term which was
incorporated by Parliament. Considering this, it is also referred as a acts, statutes enacted by
parliament.
Common and statutory laws is helpful for justice providing process. Statutory law is
present in written formate which having stamp of legal authorities (Kilov, Rumpe and
Simmonds, 2013). On the other hand, common law has been used at the time of decided present
matter which is relevant with previously discussed matter.
Difference in between Common law and Statutory law
Common law Statutory law
 It is also know as case law.
 The main origin of Common law
germinates by all new decisions and
conclusions framed by judiciary of
country.
 Common law operates at procedural
level.
 This law can also be called as judicial
precedents and case law.
 On other hand, it is known as written
law.
 Statutory law is a concept which was
introduced by distinctive government
agencies.
 The operational level of statutory law is
considered as Substantive level.
 On the other hand, this law can also be
called as written law which was
originated from legislature and

government.
TASK 2
P3 (A). Duties of employer applied in different conditions.
Health and safety.
In accordance with the provisions of Health and Safety act, 1974, it is the duty of an
employer to make sure effective working environment in premises of their organization. In
addition to this,they are required to ensure effective health and safety in their work place.
Employers of every business premises having ultimate control over entire operations. As per the
rule of Health and safety act 1996, employers have to manage performance of employees. Also
they are responsible to provide proper training session to labours in order to educate them
regarding use of hazardous machine (Engineering and Law (RELAW), 2011). Through which
employees are able to attain their target, goals and objectives. While working on hazardous
machine owner needs to allot proper safety equipment. Conduct moping and dusting on the daily
basis for maintain healthy environment. Moreover, employers are under a moral obligation to
monitor that assets and equipments of company are working in an efficient manner.
Compensation of employees.
In this aspect, employers of an organization are required to render minimum and
reasonable compensation to all its employees and workers which are handling any harmful and
dangerous activities and tasks. It as been lad down under Workmen Compensation act, that
employer has a responsibility to render effective compensation to its workers in case of any
damage or injury. Compensation is paid by employers to their employees other then salary or
remuneration. In case worker got serious injured in the course of employment due to negligence
of owner (Glenn, 2014). In that case, employer is responsible to pay compensation amount to
workers equal to damages caused to them. Through which company is able to build trust among
them.

For example- A is the person who is employed in a firm and working on hazardous
machine without using any safety equipment. B is responsible for providing the same. While
working A got injured and want to file case against B because of his negligence. Case has been
files by A in order to receive compensation amount. In this case B is responsible to pay
compensation amount equal to damages caused to worker.
Harassment.
The word harassment is stands for exploitation of rights and duties of employees. As per
the further laws this term is considered as wrongful act which is not enforceable by law.
Government needs to make some rule in order to prevent every organization from this. If it
happens in premises then performance or work quality of employees is able to improve. It is able
to create complications among employers and employees (Sprague and Lyttle, 2010). So that,
employer try to maintain effective relationship with their subordinates and try motivate them as
well. In this aspect, it is a notable fact that an employer should prevent all its employees from
any act of Harassment. Also, he should make various strategies and tactics, by which it can be
reduced. In addition to this, it can also be said that an employer should also impose penalties and
charges if some one bully on other and conduct an act of harassment among premises of their
company.
Equal opportunities.
Employers having ultimate control over performance of employees and provide payment
to them as well. On the basis of Equality act, 2010, companies have to follow equal pay for equal
work. They are not able to discriminate among employees on the basis of age, caste, sex, race,
religious and place of birth (Dolgin and Shepherd, 2014). If both male and female are working
same work, having equal qualification then needs to provide equal payment to them. If it
happens in any premises then court having power to imposed penalties on them.
In context of a business organization, it can be held that a employer is required to make
sure that equal opportunities are provided to its employees. It can be in terms of equal
opportunities, wages, skills etc. Also, employer should not practice any activities which increases
discrimination among their employees and workers.

In addition to this, it can be said that in case of non- compliance and non adherence with
aforesaid provisions, then , it will lead to bad reputation and declined good will of an employer.
In addition to this, it will also lead lead its employees to sue their employer in court.
P3 (B). Employment law as well as contract law.
Every business organization needs to comply with employment and contract laws. In
which define various types of rules and regulation which are imposed on them. According to
rules of Employment right act, 2010, companies needs to provide salary as per the contract
which is prepared among employer and employee. They have to appoint skilful employees which
are helpful company to attain their long term as well as short term goals. According to legal
contract firm and its employees bound in agreement. In which define various terms and condition
which are imposed on them. Also sign written document and mention some rules with mutual
consent.
According to the given scenario, there is 16 years old girl who worked in fast food
retailing company. In which she engaged in work of cook fries at deep frying container.
Suddenly, she slipped in water which is leaking from ice making machine. Due to that her left
hand went into deep fryer which is full of hot oil of 360 degree temperature. After that accident
got severe injured and not able to work for long time. All accident is happen due to negligence of
team leaders who is present that time and responsible to maintain healthy and safety measure
over there. So that, 16 years old girl wants to file case against him in order to receive amount of
compensation equal to damages caused to her but for this purpose she have to prove some points
which are as aligned below-
Duty of care- In present case, there is duty of care has been imposed on team leader. As
he is responsible to provide safe and secure working environment to existing employees in order
to maintain their performance (Whish and Bailey, 2015). As he is responsible to clear water from
premises in order to save life of members.
Case : Topp v London country Bus, 1993, London country bus is considered as faulty in
present case. Court imposed penalty on them as they are responsible to maintain duty of care to
third party, but he failed to do so.