Business Law Report: English Legal System, Case Studies and Solutions

This business law report explores the structure of the English legal system, including the roles of the Supreme Court, High Court, and various sources of law. It examines the government's role in framing laws and the implications for businesses, detailing the law-making process from problem identification to bill approval. The report also covers employee legal obligations, such as occupational health and safety, worker's compensation, harassment, and equal opportunity, illustrated by a case study involving a workplace accident. Furthermore, it provides legal solutions for cases related to fair and unfair dismissals and discusses alternative dispute resolution methods and their benefits, offering a comprehensive analysis of business law principles and practices.

Business law

Table of Contents
INTRODUCTION...........................................................................................................................1
TASK 1............................................................................................................................................1
P1: Basic structure of English legal system...........................................................................1
P2: Role of government in framing law and its related implication.......................................3
TASK 2............................................................................................................................................5
P3: (A) Employee's legal obligations.....................................................................................5
B) Case study..........................................................................................................................5
TASK 3............................................................................................................................................6
P4: legal solution regarding mentioned cases........................................................................6
P5: Effective justification to the cases....................................................................................7
TASK 4............................................................................................................................................8
P6: Alternative dispute process and its benefits.....................................................................8
CONCLUSION................................................................................................................................9
REFERENCES..............................................................................................................................10

INTRODUCTION
Business law is associated with the formulation of new venture of an entity and the
problems that are arises as existing businesses that are interacted with public, private companies
and government. It simply a rule which is use in order to control and manage company business
transaction and related activities. It is mostly related with trade, industry and commerce. In the
country or states every organisation need to follow certain rules that are related with their
business (Bagley and Dauchy, 2011). The project report consist of English legal system that are
followed by every enterprise in there daily operations. Rules and regulation that are made by
government and other judiciary system will be major aspect of this project. On the other hand
some legal obligation related with employees relation are identified and discussed clearly under
this project assignment.
TASK 1
P1: Basic structure of English legal system
In relation to business a general is law is being made by government of a related country
and it is follow under that particular nation only, but in case of English-legal-system it is
applicable in most of the countries like England and Wales. It is basically associated with
criminal and civil laws. The main objective of this work is to make report which explain the base
and working of English legal system. As it has being seen in past that Britishers had ruled
various parts of the globe and territories got free to operate with some modification by applying
certain rule and regulation.
The structure of this system in UK is very much complicated and also create so short of
confusion between people (Cameron, 2017). It is important for every country and nation to
follow business laws related with different steps so that innocent people can not get punishment
and according the law they may be able to get justice. English law is used to provide assistance
to each and every individuals within the country and all the nation should follow the same trend.
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Supreme court: It is said to be a house in which final judgements on every particular
cases are provided. Under this head if any decision taken by the supreme court can not be get
changed (Czinkota, Ronkainen and Moffett, 2011). It is responsible for making decision on the
basis of information provided by the parties. It is divided on two parts:
 Criminal Section: It deal with entirely criminal cases which are mostly handled by some
acts that are mentioned under the law and punishable accordingly and the persons have
the right to challenge the decision by taking various court hearing.
 Civil section: It is mostly related with those cases which are associated with civil laws,
rules and issues that are regarding family.
High Court: It is considered to be supreme court of the country which is available in
each states. It is said to be most superior court it operations are divided into three parts chancery
court, family and Queen's bench division.
 Country and crown court: All those problem which are related with civil laws are
mostly handled by this court only.
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 Magistrates: There are so many volunteers those are helpful in taking effective decision
on cases which are related with there particular community.
Different sources of law:
Common law: It is related with an essential element of an English law that get started
with rigidity of various process.
Judicial precedent: It is a very effective law which is use as legal element. It is use in
order to make an effective decision regarding right objective and situations (Ellison and Boyd,
2013).
Employment right act 1996: It is linked with applying the European working hours into
business laws. According to this act working timing is being discussed that are applicable to the
people.
P2: Role of government in framing law and its related implication
As it has been found that law is an important aspect of every business that are operated
within country or outside the country. In each place there seems to be different law that are
followed by the company and obey those rules and regulation. It is the duty to government to
determine and develop different kind of laws that are associated in various situations and cases.
In comparison to other countries UK government has made various improvisation in the rules
and regulations that are important for the development of the people as well as country as whole.
It is basically used to protect human rights and other aspect of wrongful things. According to UK
government which is said to be important source of law because most of the related members
need to follow every rules that are made by the party.
Process that are used in designing law:
 Problem related with government agenda: The first step in formation of law is goes
through political parties that are associated and get support from British voters. They are
organising a campaigning on various mission and vision statements of company and these
concern parties are involve in making changes which are necessary for growth of the
country.
 Ideas for addressing those problems: under this process there are mainly two
important steps need to be followed. First is to find out a problems and second is make
decision regarding how to overcome from it. It depend mostly on type of issues and
solution is done accordingly.
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 Consulting among various group of people those are interested: It is based on that
concept which are related with those people who all are having similar problem and
provide there opinion and feedback about those problems. Political parties make proposal
through consulting it with there team members and other groups on the factors that are
affected with common plan.
 Preparation of bills: The legal authority of the country is mainly responsible for
selecting right proposal which are carried and transformed into a bills. These types of
bills are associated with various remedies to different issues (Folsom and et.al., 2012).
 First reading: The concept of bills must be reading and discussed in a chamber, after
that it make it available with all the parliament members.
 Second reading: Under this stages passing of bills with the voting of each and every
member are taken into consideration.
 Committee stages: In this process concern committee has the right to vote and provide
their positive and negative answers.
 Report stages: under this stages from both house of people are agree on the bills and
they need it to present a written report under which various suggestions are mentioned
that are required to be done.
 Third reading: In third reading a debate is organised among both member parties in
order to make effective decision which is the final step which is proceed under the
parliament (Hazard, Hodes and Jarvis, 2014).
 Approval of bills: Under this total authority and member will provided there approval to
this particular bills with the personal views.
Statutory laws Common laws
It is associated with the development and
creation of new laws and regulations.
Under this laws decision making is rely mostly
on Judge.
It mostly said to be written laws. It is generally associated with case laws.
Under this laws the nature is more prescriptive. This types of laws are instructive in mature.
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TASK 2
P3: (A) Employee's legal obligations
In every field of business laws are play most crucial role in proper working business
operations in an organisations. Mostly businesses are related with so many types of activities that
are associated in development of the country as well as the company. In a business every
member associated with the activities of business have the responsibility that have been
mentioned by the government in order to operated there business in most effective manner.
 Occupational health and safety: It generally refer as OHS that are associated at the
work place safety which is generally related with the security and safety of the people
those are working in an organisation. If any issues arises at the workplace it must be
communicating it with the concern authority of OHS. It is basically related with
psychology behaviour and attitude of employees those are working at the work place.
 Workers compensation: It is basically related with the insurance providing wage
replacement and medical advantages to employees those are got injured during their
working hours (Hammond, 2012). So according to the act they are liable to get some
claim or benefits to cover up there injuries.
 Harassment: It refer to be that kind of situations under which someone behaves in a
manner in which you feel stressed, molested or intermediated. It happens to be the major
problem that are observed under the workplace under which people are treated against
there culture and caste. It is seems to be found in most of the organisations the employees
get harassed from there superior and not able to perform there work with the free minds.
 Equal opportunity: According to equality act 2010 which is associated with protection
of employees or in relation to training and education on the ground that are based on
certain characteristics like age, race, religion or sex etc. there should be equal
opportunities to each and every employees those are working in an organisation so that
they feel motivated to do there work in most effective manner (Bebchuk and Hirst, 2010).
B) Case study
The mention case talks about a 16 year girl who is working at fast food retail store to
cook food at different ranges. An accident took place when she fall on water leaking from a
machine. The major problem was staff which was very less on that day so that safety measures
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are not taken on time. After analysing all the situation it has been found that people of that stores
are not follows safety elements. It was happen because of improper management system that was
followed under that store. According to law a 16 year of girl is not suppose to work as because it
is strictly banned under child laws (Solove and Schwartz, 2014). There is another act which is
related with health and safety to promote and protect employees those are getting harm at the
work place. This particular act help people in order to make effective use of action against those
are associated with any kind of misconduct that is took place at the work place. Experience
staffs, trainees and other manufacturers are need to be used by management in order to protect
the employees from getting any shorts of damage at the workplace.
TASK 3
P4: legal solution regarding mentioned cases
There are various situations under which every cases would be categorised. It necessary
and helpful in order to make effective decision regarding legal persons. Some of them are:
Fair dismissals: In most of the situation it is difficult to identified whether the case is fair or
unfair without having correct reason. If any person has commit mistake in generally then
company have right to make fair dismissals.
Unfair dismissal: Under this situation if an employee is fired without a perfect reason then it
comes under the categorise of unfair means. It is possible to have corrective reason that was not
correct or without giving any proper noticed to that persons.
Case 1
It is important for every organisation that are having some short of legal rules and
regulations that need to be followed by every employees. Under the case of Calvin which a
designer working in a fashion firm for 4 years. On day Donna checks the petty cash and 100 is
missing despite of having four other members working at the same store she choose Calvin as a
culprit and fired him without having proper evaluation (Masciandaro, 2017). Some of the related
dismissals which are related with the above case studies are as follows:
Unfair dismissal: The situations of the employees was not taken by Donna without asking any
kind of justification from Calvin she decided to fire him. It is clear for her side that only Calvin
is the one who had made entire mistakes. So it totally be the case of unfair dismissal. In the
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absence of proper evidence employee is dismissed. This type of function was not performed by
the management.
Constructive dismissals: Under this condition which is originated at the time of breach of an
contract. Under this phase employees of a company or firm has the right to resign their job form
a company without given any kind of notice to them (Hiller, 2013).
According to unfair act 1977 which is applying under the above case study. Under this law
which is stats that an employee can not be fired without having proper notice giving to him.
Case 2
Under insurance act people are liable to get a fixed sum of amount as compensation if
they are having any kind of conflict. To cover there issues and problem every business owner
make this shorts of polices. It is used to cover there losses and damages at the time if any kind of
difficult situations arises under a company. Den store was destroyed because of fire. After that
they open new stores at different venue and applies insurance claims for fire. Because of time
duration insurance polices are fill wrong information. There are some short of solution to this
case:
Den have the chance to fill new polices regarding his new stores and the insurance company
need to provide information without any kind of time restriction. Den have right to get benefit of
government insurance because there is no time restrictions.
P5: Effective justification to the cases
It has been necessary for each and every organisation to follow some laws and regulation,
as they are helpful to utilised rights and regulations that are required under every activities that
are followed under the firm. The act contains steps and procedure regarding how to conduct
businesses in effective manner.
Employment act 1996: According to this act design in relation to protect employees
those are working in an organisation. The act perform under the conditions of dismissals,
parental leave and or redundancy (Kraakman, Armour and Davies, 2017). Under this every
company need to provide a written contract to employees at the time when they join an
organisation.
Under section 95: According to this section every company has the right to fire
employees of an organisation. If any workers break a contract than company can use its power to
fired his and her.
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Section 96: Under this section company can use unfair dismissal ways to fire employees
without having any evidence or particular reason.
Under case of Calvin, the dismissal was suppose to be unfair as not even any organisation
has right to fire its regular employees without having proper evidence and valid reason. Without
conducting an investigation she had reached to its final conclusion that only Calvin is culprit
which was not the ways to do so (Burk and McGowan, 2010).
Under the case of Kevin and his father according to insurance company they can not back
down form there claims. It has been found that they are refuse to pay claim in either of situations
which is related with the information that was presented in an effective manner. According to
situation den was correct insurance company made a mistake as they are not provided
information to its client. So they have the right to claim on company to compensated through
providing amount to Den.
TASK 4
P6: Alternative dispute process and its benefits
It refers to a that processes that helps members to solve their dispute which are arises in
organisation without any trial. It basically includes arbitration, neutral evaluation and mediation.
It is used to provide direction to solve those conflicts that are arises between customers and
suppliers. The government provides full support and try to enhance people to use ADR in the
country. It provide direction to make negotiation which is not easy and which is simple form of
system that is more helpful in analysing proper facts and best outcome for any issues that are
related with workers and management (Khurana, 2010). Advantages of ADR are:
 The main benefit that is from ADR is to cut down extra expenses that are incurred during
the process of dispute settlement.
 It is use to be most helpful for the people to solve there problems without going to the
court as because court terms and time are much more complicated rather than ADR.
 Under the ADR process it help to provide confidential information and statements safe
and secure base so that without prior permission of any legal authority it can be disclosed.
 The cost which is paid to the lawyer in rendering the services and cases of parties are
safe.
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Negotiation: It is said to be a simple and flexible process. Under this process a proper
timing is being set by both the parties according to their convenience. There is a absence of legal
judiciary system and external restrictions are there under this (Deroy and Clegg, 2011).
Mediator: This is said to be situation under which a party tries to dismantle other. It is
done in order to make proper balance among power that are possess by both parties through
appointing a mediator to resolve the issues that are arises under the organisation.
Antwon and Tyrell under which a dispute is carried for a long period of time. After many
so many efforts they are not able to get there effective solution there problem (Alternative
dispute resolution 2017.). So they use to solve there problems without affecting there
relationship.
CONCLUSION
However, after analysis of this project report it has been concluded that law is an
important aspect of an organisation that is need to be followed by every businesses in order to
make manage and control there operations. The project report discussed with legal structure of
system that is followed in a country. After that there are so many cases that are associated with
the company and make solution by applying various laws those are related under those
situations. At last how ADR process is being helpful for an organisation in order to make
appropriate decision regarding effective business and to make people free to raise there question
regarding any issues that are faced by them at the workplace.
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REFERENCES
Book and Journals:
Bagley, C. E. and Dauchy, C. E., 2011. The entrepreneur's guide to business law. Nelson
Education.
Cameron, P., 2017. International Energy Investment Law: The Pursuit of Stability. OUP
Catalogue.
Czinkota, M., Ronkainen, I. A. and Moffett, M. H., 2011. International business. Wiley.
Ellison, N. B. and Boyd, D. M., 2013. Sociality through social network sites. In The Oxford
handbook of internet studies.
Folsom, R. H., and et. al., 2012. International business transactions: a problem-oriented
coursebook. ThomsonReuters.
Hammond, K. J., 2012. Case-based planning: Viewing planning as a memory task. Elsevier.
Solove, D.J. and Schwartz, P., 2014. Information privacy law. Wolters Kluwer Law & Business.
Masciandaro, D. ed., 2017. Global financial crime: terrorism, money laundering and offshore
centres. Taylor & Francis.
Hiller, J.S., 2013. The benefit corporation and corporate social responsibility. Journal of Business
Ethics. 118(2). pp.287-301.
Kraakman, R., Armour, J. and Davies, P., 2017. The anatomy of corporate law: a comparative
and functional approach. Oxford University Press.
Burk, B.A. and McGowan, D., 2010. Big but Brittle: Economic Perspectives on the Future of the
Law Firm in the New Economy.
Khurana, R., 2010. From higher aims to hired hands: The social transformation of American
business schools and the unfulfilled promise of management as a profession. Princeton
University Press.
Deroy, X. and Clegg, S., 2011. When events interact with business ethics. Organization. 18(5).
pp.637-653.
Bebchuk, L.A. and Hirst, S., 2010. Private ordering and the proxy access debate. The business
lawyer, pp.329-359.
Hazard, G.C., Hodes, W.W. and Jarvis, P.R., 2014. Law of Lawyering. Wolters Kluwer Law &
Business.
Online
Alternative dispute resolution 2017. [Online]. Available through:
<http://www.rics.org/in/knowledge/glossary/alternative-dispute-resolution/>. [Accessed
on 28th August 2017.]
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