Business Law Report: English Legal System, Obligations, and ADR

This business law report provides a comprehensive overview of the English legal system, its structure, and its various sources, including legislation, judicial decisions, and common law. It examines the role of the government in law-making and implementation, focusing on the process of enacting bills and the implementation of both common and statutory laws. The report further delves into employer's legal obligations concerning occupational health and safety, worker's compensation, and harassment, specifically in the context of a retail business like Asda. It also explores appropriate legal solutions for business problems and the benefits of Alternative Dispute Resolution (ADR) processes, offering recommendations for effective legal strategies. The report also includes critical evaluations of different systems and laws, along with the positive and negative impacts of legal solutions. Overall, the report aims to provide a thorough understanding of business law principles and their practical application within the English legal framework.

Business Law

Table of Contents
INTRODUCTION...........................................................................................................................1
Section 1...........................................................................................................................................1
a.) English legal system and its structure and its various sources (P1)..................................1
b) Role of government in law making and implementing the common as well as the statutory
laws.(P2).................................................................................................................................4
M1 Effectiveness of the English legal system........................................................................6
D1 Critical evaluation of the different system and law..........................................................6
Section 2...........................................................................................................................................6
P3............................................................................................................................................6
a.) Employers legal obligations in relation to.........................................................................6
M2 Potential impact of the regulations and standards with the scenario...............................8
Section 3...........................................................................................................................................8
P4 Appropriate legal solution in both cases...........................................................................8
P5. Justification for the legal solution in above cases............................................................9
M3 Positive and negative impact of the legal solutions for the business problems.............10
D2 Critically review to use the appropriate legal solution...................................................11
P6. ........................................................................................................................................11
a) Concept and benefit of using Alternative Dispute Resolution Process............................11
b.) Alternative legal solution................................................................................................12
M4 Recommendations..........................................................................................................13
CONCLUSION .............................................................................................................................13
REFERENCES..............................................................................................................................14

INTRODUCTION
The business laws are very important to be taken into consideration by a business
organisation to ensure the better productivity and quality of the services to meet its requirement
criteria. The organisation we have taken in consideration is Asda, which works in the retail
sector (Athreya, 2015). This report will cover the details of the English legal system and its
various sources. Apart from this, the role of government will also be discussed in law making
and implementation of laws. Also, various legal obligations will be focused.. Apart from this,
Alternative Dispute Resolution process will be discussed.
Section 1
a.) English legal system and its structure and its various sources (P1)
The House of Lords of the Supreme Court is at the top binding other courts next to it.
The civil and criminal divisions are split in the court of appeal which is below the Supreme
Court. The decisions which are to be followed or to be overruled must be decided by the court if
there is conflict between two previous decisions. The court of appeal should follow the superior
court in case of previous decision has been overruled by the House of Lords (Işık, 2016). By the
ignorance of some authority, carelessness is made in previous decision that may lead to different
conclusion. A court in the criminal division is not bound to follow the previous decision which
has been on misguidance or misunderstanding of the law. High court has three divisions for the
divisional courts where mainly appellate is the jurisdiction. They follow decisions of the
Supreme Court and the court of appeal. Individual high court judge decision has strong
persuasive authority on other high court judges. If two decision varies, then generally the later
decision is to be followed. From superior courts, crown courts are subject to binding precedent.
Own decisions are not bound by the country courts and Magistrates and also not bind by any
other country. Judgements are determined by the previous records and cases. Decisions are taken
on the layperson philosophy of justice and it’s not necessary on the facts of the case.
Structure of English legal system:
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The court structure of the UK's legislation is as follows:
Criminal law: It involves the cases like murder, harassment and theft. It consists of the
following components:
 Magistrate court: It is the lowest court to hear the criminal cases in which the convict is
been arrested and is been presented in front of a magistrate in order to carry out the
further trial.
 Crown Court: The cases which are net been sorted by the magistrate court are been
further sent to the crown court which look after its proceedings.
 Court of Appeal: The convict can make an appeal in the Court of appeal in order to get
the justice.
Civil Laws: It involves the cases like deceit, fraud and other family or financial issues. It has the
following bodies:
 County Court: It is the lowermost court that handles the civil cases.
 High Court of Justice: This involves the various bodies like Queen's bench, Chancery
etc. and handles the cases that are been sent by the county court.
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Illustration 1: English legal structure
Source: (English Law, 2017)

 Court of Appeal: The civil cases are also seen b the court of Appeal where the appeal is
been made by the person and the cases are been sent by the High court of Justices.
Supreme Court: If the Criminal or civil case is not handled by the Court of Appeal, it is then
sent to the Supreme court, which gives the final jurisdiction on the case.
Various sources of law that organisation must comply:
Sources of law means the origin of law binding the rules.
 Custom: One of the oldest source of law. As social rise gave rise to own tradition and
customs. Habitual violations take place to avoid that social institutions began working on
the basis of several accepted customs.
 Religion and morality: Behaviour of people began invoking godly sanction, fear of hell
and possible fruits of heaven for establishing religious codes. Likewise, morality also
appeared in the society, which defined between good and bad and right and wrong
(Indrasari and et.al., 2015). Thus, the state converted many several morals and religious
rules into its law.
 Legislation: Earlier order of the king was getting into rules for the behaviour of people.
Now the law has begun the organ of the state.
 Delegated legislation: Executives make the law and rules and is known as delegated
legislations. It has become big source of law and works under the superior law-making
power of the legislations.
 Judicial decisions: The decisions to interpret and apply laws to settle disputes of the
people that comes.
Besides this, the following sources are been taken into the consideration which are as
follows:
 Precedents: It is the rule or the principle guide that is been based on the authorities and
the rules established on the basis of previous cases.
 Act of Parliament: It is the major source of the various laws, as it involved the
parliament, that helps the company to get the better and finalised laws.
 International Law: This involves the laws that are been decided or are been practised in
the different countries. The UK will adopt them to make its judicial system more
efficient.
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 European Laws: This are the laws or rules and regulations that are been decided by EU
and is meant to be followed by all the European countries.
 Common Laws and Customs: This involves the basic and the specific laws or the legal
practices that are been taken into the consideration for the development of the judicial
system. It involved the basic code of conduct, traffic rules etc.
b) Role of government in law making and implementing the common as well as the statutory
laws.(P2)
In Business Law, the government plays a crucial role in work place. In this context, the
government along with the legislations, helps to implement the Law in society. It is a complex
process and focuses on many activities is to be used in process are to be fallows as per the
quality in organisation. This process includes the following activities :-
 Bills :- this process the civil advocate draft a bill. This bill is to be prepared by the
government. In this context it is included the public, private and private number in
organisation. It is help to increase the number of performance and maintained all
rules and regulation (Singh, 2016). It is help to increase the level of performance
and government is provided all the work. It is the responsibility of local authority
and private member bills are those which involves the different bills and other
bills is to be passed with different act.
 First readout :- It is process of Law in this activity is to be focus on different
activity and maintained all bills in proper manner. It is prepared for reading under
the house of commons. In this activity is to be focus on the only read the bill
under the government observation. I
 Second readout :- In second readout in this process bills and feasibility of bill is
also tested on the basis of conclusion only. Voting is to be done by all the member
and to take the best decision is whether the bill accept or reject (Popovici, 2015).
This all the decision is to be done with the help of all the members and in the front
of advocate.
 Third readout :- In this readout, the bill is pass from the house and after the short
debate it is pass. This debate is also conducted by the member of parliament.
Voting is done again and carry out for the decision to be taken.
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 Queen of Royal Assent: It is the final stage where the finalised bill is been
presented in the royal court, where it is been granted the legal standard by Her
Highness Queen and is further out for the implementation.
Once the bill is been taken into consideration by the parliament and legislation, it is been
turned into an Act by the royal authority. This complete process is been followed by the
government for the implementation of laws (Işık, 2016). Besides this, the government will also
look after the implementation of the common laws like civil laws, traffic rules etc. The common
laws are been implemented by the legislation or the government in order to just maintain the well
being of the people in the society.
Besides this, the statutory laws are been brought in the use in order to check, control and
avoid any sort of criminal offence or threat (Iskandar and Crepeau, 2016). It is usually
implemented for the betterment of the people and safeguarding their lives and rights. They are
meant to be implemented in order to maintain the well being of the society.
M1 Effectiveness of the English legal system
English Legal System is the most effective advantage that helps to make creative
functioning at workplace. In this regard, in UK English system consist different activities that are
essential adopted to work in systematic manner. Therefore, aims and objectives of the company
will be develop in systematic way. Furthermore, it is also working to undertake advantages of
maintaining society activities at workplace.
D1 Critical evaluation of the different system and law
There are different system and law has been adopted that assists to create effectiveness at
workplace. In this way, contract and employment law that assists to develop effective
functioning in the company. With the help of several aims and objectives, the company can take
advantages to operate activities.
Section 2
P3.
a.) Employers legal obligations in relation to
 1.) Occupational health and safety: Under the Safety, Health and Welfare Act of 2005,
it is duly an employer's like Asda, duty and responsibility to provide its employees with
the safety measure, health services and welfare at the work place (Mazumdar, 2015). This
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will help the company to gain a better idea about the health requirements of the
employees at the company and meet them in a very effective manner. As the employees
are the most important part of the business that can affect its functionality, the employer's
has to look after the effective measures and steps to provide the employees with the best
safety and health services. This will improve their work efficiency and loyalty of the
employees towards company.
 2.)Workers Compensation: The employer's like Asda will look after the effective
management of the employees or the workers claim for the compensation. As an
employer's, it is the company's duty and responsibilities to look after the following of the
effective safety measures at the work place and handle the compensation claims of the
employees in case of any sort of mishap or accident (Pai, 2016). It is then employer's
responsibility to provide its employees with the best quality of the safety on workplace. If
an employee is been injured while performing the job, it is organisations duty to provide
him with effective treatment as well as the compensation to maintain the work efficiency
of the company.
 3.) Harassment: The harassment is the most crucial and deliberative matter that has to be
considered by the employer's like Asda to maintain the decorum and integrity of the work
place. Harassment of any sort, be it physical, mental, psychological etc. is an unlawful
conduct and a criminal offence under the Prevention of Sexual Harassment at Workplace
Act, 2013 and is meant to be dealt with strictness and concern, in order to identify and
avoid such incidents and prevent their occurrence in the future at the organisation. It will
help the company to make the work place better and take suitable actions against the
convict (Zadeh, 2016). In case of occurrence of the incident regarding harassment, the
employer is liable to take the strict action against the person and to provide the safety to
the victim. Also, suitable investigations should be held in order to avoid any false
accusation.
 Equal Opportunity: Under the Equality Act 2010, the organisation's like Asda are liable
to provide the equal opportunity of growth to all of its employees in regard to gender,
region, colour, religion or race (Yustini, 2017). According the law, each and every
individual has the equal right to develop and grow its calibre and skills to attain a better
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work performance. This will not only bring a uniformity in the organisation, but also
helps the company to gain a better productivity and meet the requirements of the
customers. Besides this, it will also help the company to develop a better interpersonal
bond between its employees.
b.) Potential impact of the employment and contract law
A 16 year old young girl got injured due to slipping on water, fell from a leaking ice
cream machine. Also, she put her hand in the hot oil which made her to sustain severe burns. The
organisation was short of staff and the team leader was working instead of looking for the
workplace safety (Television and Romania, 2015). Now, in accordance to the Employment and
contract law, the young girl I liable to get the compensation from the employer restaurant. Also,
the business firm is liable to provide a suitable and appropriate medical treatment to the girl for
its injuries, she sustained while working due to organisation's negligence.
M2 Potential impact of the regulations and standards with the scenario
In the above case, different regulations has been adopted such as Equality Act,
Employment Right Act, etc. With the help of the above regulations, the organisation can make
sure that they will able to accomplish aims and objectives in systematic manner. Furthermore, it
provides legal rights and solution towards the effective activities at workplace.
Section 3
P4 Appropriate legal solution in both cases
In the first case, Calvin was working at a fashion store from last 4 years. One day, the
employer and owner of the fashion firm, Mrs. Donna, came to the store, she found that Calvin is
acting suspiciously at the store. When she cross checked the cash box, she found £100 missing
from the cash box. This made her furious and she entered into the Calvin's cabin, and without
any cross checking of other employees working, she dismissed him from the job, insulting him
and saying she would not have thief like Calvin working at her store any more. Thus, it is
violation of the law. Under the Employment Rights Act 1996- unfair and wrongful dismissal
from the job, the Calvin can appeal in court of law for the justice against the unlawful
termination or dismissal from the job. He can ask for an apology as well as the compensation
along with his lawful salary from his employer, Mrs Donna. As there is no proof or evidence that
can prove Calvin as guilty, he is liable to get the appropriate compensation (Singh, 2016). Also,
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he can ask Mrs. Donna to investigate the workplace in order to identify the convict. In case the
Calvin is found innocent, he possesses the right to resume his job, if his wish, at the fashion
store. Apart from this, he is liable to get his due salary from the fashion store, along with the
apology from his employer, Mrs. Donna, for insulting and terminating him.
In the second case, Kevin's father, Mr. Dan had a small convenience store which got
destroyed in a fire accident. Mr. Dan eventually reopened the store at a different location and
applied for the insurance. When asked in the contract proposal, if he had applied for any sort of
insurance claim from the company in last two years i.e. 24 months. Without investigation or
checking, he said no. Some time later, the other convenience store get destroyed in the fire. Now
when he applied for the insurance claim for the store, destroyed in fire accident, the insurance
company denied his claim as he had made a claim for the store before 23 months, i.e. less than
two years. In that case, the insurance company is not liable to pay any sort of claim as Mr. Dan,
unknowingly violated the Contract law. A contract is a mutual agreement between two or more
parties who are in concern and are liable to provide all sort of information that can affect the
contract, without hiding any (Purba and Umar, 2014). But, as Mr. Dan failed to provide the
correct information about his insurance claim when asked, he is not liable to get any sort of help
and claim from the insurance company. When asked in the proposal about it that, if he had made
any sort of claim, he would have taken some time, investigated about it and then would have
applied for the insurance claim, failing to which, he will not get any claim. He is wrong to apply
for the claim at the insurance company after violating the contract law.
P5. Justification for the legal solution in above cases.
The legal justification is very important in order to get a better idea about the
implementation of the law and its consequences. The justification provide us with an idea about
the appropriateness of the laws or Acts that are been used under the given circumstances.
In the first case, Calvin was working at a fashion store for about 4 years. This proves he
is a very loyal and good employee. But one day, when his employer and store owner, Mrs.
Donna came to the store and found Calvin acting suspiciously, she checked the cash box and
found £100 missing. She turned furious and without investigating the other employees present at
the store at that time, she went to Calvin and dismissed him, without any prior notice. Thus, this
is a violation of law under the Employment Rights Act 1996- unfair and wrongful dismissal.
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Thus, this makes Calvin liable to get the compensation from the business organisation and he can
even ask the employer Mrs. Donna to apologise to him for terminating and insulting him by
calling him a thief him without any prior notice (Pretnar, 2015). Even if the Calvin is found
guilty, the owner of the fashion store, Mrs. Donna, was responsible to provide him with one
month prior notice before terminating him from job. Also, Calvin is liable to get the due salary
along with the compensation under the Employment Act 1996-unfair and wrongful dismissal
from his employer, Mrs. Donna.
In the Second case, Kevin's father Mr. Dan had a small convenience store in a locality.
When the store get destroyed in the fire accident, he opened another convenience store in
different location and applied for the insurance claim. When asked by the insurance provider in
the contract proposal, whether he had applied for any claim within 2 years i.e. 24 months, he
denied to it. After some time, the other convenience store also got destroyed in a fire accident.
Now, when he again claimed for the insurance from the company, he was denied the claim as he
had provided a wrong information about his claim and is not liable to get insurance due to
violation of the contract law (Popovici, 2015). A contract is a mutual agreement between two or
more parties where they come together to share the common information and resources and don't
hide any information that can affect the operations of the contract. Besides this, all the rules and
regulations are meant to be taken into consideration before agreeing to the contract (Pai, 2016).
As Mr. Dan, when asked about any sort of claim, if, he had made in past 24 months, he
unknowingly denied. He should have taken some time to find out and then would have made the
claim which he didn't do. Thus, this rejects his insurance claim at the company and doesn't make
him liable to get the suitable compensation from the insurance company.
M3 Positive and negative impact of the legal solutions for the business problems
With the help of implementation of legal rights, the organisation has benefit to make sure
that they can easily concentrate on the activities that promoted to make creative results at
workplace. In this regard, Calvin can sue towards his rights. However, it can be impact on him
because business issues need to be solve in systematic manner. On the other hand, in Kevin case
wrong information create negative impact on the company to operate systematic work
performance at workplace.
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D2 Critically review to use the appropriate legal solution
In respect to make solution, it can be interpret that appropriate legal solution need to be
placed so that effective functioning will be develop at workplace towards the business. In this
regard, business need to concentrates on the legal performances that make proper functions and
operations to ascertain the creativity.
P6.
a) Concept and benefit of using Alternative Dispute Resolution Process
The Alternative Dispute Resolution Process (ADR) is a practice or a process that includes
various processes that are been opted by the various parties to resolve the disputes without the
trial at the court of law. This include the processes like mediation, arbitration, neutral evaluation
and collaborative law (Mukharji, 2015). Usually this processes are confidential, less formal,
economic and less time consuming as compared to the traditional legal trials. It not only give the
suitable outcome of the issue but is also used to get more creative, flexible and easy solutions for
the problems. It also provides greater solution to problems, long lasting outcomes and enhance
the business relations between the concerning and involving parties.
Some ADR processes are as follows:
 Arbitration: This process involves a person who is known as 'arbitrator', who hears the
arguments from the concerning parties and based on the analysis to the situation and
conditions presented, suggests the suitable outcome for the problems (Mazumdar, 2015).
It is less formal than the legal trial and the evidences are more flexible to present. In the
binding arbitration process, the decision or the outcome given by the arbitrator is
considered final and no further appeal is been made upon it. On the other hand, in non-
binding arbitration process, parties may request or go for a legal trail if they are not
agreed upon the decision.
 Mediation: It includes a person known as 'mediator' which act as a channel between the
parties for the communication process. He will not participate in the decision making but
will help the parties to communicate on a common platform in order to resolve their
disputes (Iskandar and Crepeau, 2016). It is most commonly used for the family
disputes, partnership disputes and neighbours. Although, mediation process is not
10

appropriate if one of the party dominates other with advantage of power or control over
other.
 Neutral Evaluation: in this process, an expert is been taken into help to hear and
evaluate the argument. The person will review the strength and weaknesses of each party
and perform an evaluation of them similarly to the legal courts (Işık, 2016). He will
suggest both the parties with the possible legal outcomes or solutions to the problem.
Also, they provide, case planning, guidance and settlement assistance, with the consent
and agreement of the parties.
b.) Alternative legal solution
Antwon is a large investment firm, which is having a dispute with Tyrell, a software
company. The employees of Antwon used to make the market predictions. As the disputer got
long for many weeks, both the companies were unable to come up with the satisfactory solution
to the problems they are facing (Indrasari and et.al., 2015). As both the parties want to keep the
suitable business relation with each other, which is more beneficial for both the companies. In
this case, they want to resolve the conflict for the betterment of the business. So to resolve their
conflict, they can opt for the process of ADR.
The concept behind the ADR process is to manage the conflict and find out their suitable
solution without any sort of legal interference. This is practised to save the time and effort spent
on the legal procedure of the conflict resolution.
The arbitration would be taken into the consideration as it would help them to meet the
requirements of each other and resolve any sort of issue or conflict without any legal obligation.
The arbitrator will look after the proper evidences and fact that are been presented by both the
firms and thus helps them to come out with a proper solution. Anton Group can look after it for
the better management of the conflicts and its resolution.
The Summery Jury trial(SJT) approach of ADR process will help them to have a better
understanding of their problems (Howard-Hassmann, 2014). The jury will hear the argument and
will provide both the companies with the suitable outcome to the problems that are meant to be
taken into consideration for the better resolution of the conflict between Antwon and Tyrell. This
will be a time and cost effective measure to resolve the conflict for both the companies.
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Also, they can go for the Case conferencing process which will provide them a review of
their issues and give a better plan to narrow down and resolve their conflicts in a very effective
way (Athreya, 2015).
Arbitration Summery jury Trial
 In this, the conflict is managed and is
look after by the third party, known as
Arbitrator. For example, The Antwon
and the Tyrell will consult a third
person to provide them with the
suitable resolution of conflict.
 In this, the case is been carried out by
the special jury which is been
formulated for the case. Both the firms
will present their point of view in front
of jury.
 The decision of the Arbitrator is final.
The Antwon and the Tyrell will have to
agree over it.
 The mandate of the jury can or cannot
be challenged depending on the case. If
Antwon and Tyrell are not satisfied,
they can go for legal proceedings.
 It involves the requests that are been
presented by both the parties. Both the
cited firm will present their facts and
evidences to the Arbitrator.
 It is based on the details of the case.
The jury will look after various
evidences or the proofs that are been
presented to jury.
In the case of Antwon, the approach of Arbitration would be beneficial for them as they
want to maintain the work relations and thus, the process of arbitration would rather help them to
resolve the conflicts and help them to meet the requirements of the company as well as the
customer's.
M4 Recommendations
In respect to develop effective recommendations, ADR approach is useful aspect that can
be adopted to ensure that aims and objectives will be accomplish. In this regard, business need to
concentrate on the solution towards each issue that take place to work in it. Conflict among the
employees create negative impact on the business. Therefore, the organisation need to implement
solution that ascertain more significant outcomes at workplace.
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CONCLUSION
Thus, from the report, it can be concluded that the laws are very important for efficient
running of businesses. Apart from this, the role of government is also discussed in order to get a
better idea of the legislation. Various employer's obligations are been discussed with various acts
that are been used in different cases. Besides this, the Alternative Dispute Resolution Process is
been discussed to identify the alternative solutions to resolve a conflict without legal trial.
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