Understanding Employment Law and Workers' Rights in the UK

The assignment requires an in-depth examination of employment law disputes, particularly those involving breach of contract or termination clauses. By utilizing case studies, students will evaluate different resolution mechanisms such as mediation, arbitration, and litigation. The focus is on understanding the legal frameworks governing these processes and their implications for both employers and employees.

Business strategy

Table of Contents
Table of Contents.............................................................................................................................2
INTRODUCTION...........................................................................................................................1
TASK 1............................................................................................................................................1
P1 Structure of English legal system and different sources of law.............................................1
P2 Role of government while making law..................................................................................4
TASK 2............................................................................................................................................6
P3(a) Legal obligations of employers’ in context of different laws............................................6
(b) Contract and employment law...............................................................................................7
TASK 3............................................................................................................................................8
P4 Legal solution for business issues..........................................................................................8
P5 Justification of above solutions..............................................................................................9
TASK 4..........................................................................................................................................10
P6(a) Concept and benefits of alternative dispute resolution....................................................10
(b) Alternative legal solution.....................................................................................................11
CONCLUSION..............................................................................................................................12
REFERENCES..............................................................................................................................13

INTRODUCTION
Business law allows people to focus on all aspects of commercial law. To operate a
business, it is necessary for person to be clear with all legalities which are concerning with them.
Governments are making law and different are having dissimilar structure as well as legislations
which is varying from state to state or city to city. If organisation want to run their business in
competitive market, then it is essential for them to properly understand role of courts in their
country (Ayres and Schwartz, 2014). With the help of this assignment, readers will come to
know about different sources law and English legal system which has been followed by person in
UK. Along with this, role of government is explained in detailed while making law for country.
Further, different acts such as employment, contract, occupational health and safety and many
law is discussing in context of employer’s obligations. Moreover, concept of alternative dispute
has been explained with their advantage.
TASK 1
P1 Structure of English legal system and different sources of law
In a country, court system is very complicated and for some people they are very
confusing because they had developed over 1000 years rather than design something new from
scratch. Different types of cases are dealt with specific courts for example, criminal cases are
first go in magistrate court and if it is more serious case then it will transfer to Crown court.
Legal system of each country are different from others. Court is generally divided into two parts
i.e. civil and criminal. Proceedings of courts are started from lower court. If parties are aged
upon the decision which are given by them, then they are having right to make appeal on same
jurisdiction or higher level of court. Legal structure of English system is as follows;
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(Source: English court system, 2017)
The person is having right if they are not happy from the decision of crown court, then
appeal can be made to high court (Bagenstos, 2013). In this structure, decision of high court is
binding on all court which are come under on it. The following are different sources of law
which are apply throughout the country in UK.
Figure 1: Sources of Law
(Source: Sources of English law, 2015)
Legislation – These are significant sources of law, although European union law has
taken precedence over English law in certain situations. It comprises with primary and secondary
legislation. In primary, statutes are also referred as act of parliaments. Whereas in secondary,
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laws are made by local authorities and other public bodies to make regulations for specific
purpose and these power are delegated by parliament (Sources of English law, 2015). There are
some functions of legislation which is acting as act of parliament and they are;
Codification – These are those law which are found in common law, statue or case law
which are act into parliament.
Consolidation – These legislations are split between statutes into one.
Revenue collection – Every year parliament introduces Finance act which include
budget and these are made for the benefit of people.
Law reforms – These are used to change or repeal existing legislation which are set by
Supreme court.
Case law – These laws are made when the judgment or decision are made by higher court
while interpreting different meaning of laws. These are also known as precedents which are
binding on all inferior courts or same level of court. The judges are taking decision in accordance
with existing rules which has been applied to some other similar cases.
EU legislation – These have become the part of English law. When UK joined EU in
1973 and they accept all rules and regulations which are implement on European throughout the
country and they have to fulfil all the obligations under one treaty. If any disputes have been
arisen between English law and EU law, then always EU will prevail.
Equity law – The term equity refers to set of remedies which are available to damaged
party. Equitable relief are generally available only when there is legal remedy which is
insufficient or inadequate.
Custom law – This law stud the behaviour of people towards their society. These are
oldest form of law which form the common law also. these regulations are applied to whole of
country even it is also including local area.
Judicial percent – In this when decision are given by court are binding on parties. A
judge is also bound with the decision but it is not necessary to bind these decisions on inferior
courts. Here, two type of law are there i.e. criminal and civil. Criminal are concerned with
serious nature of offence which are committed by person against society or cooperation’s.
Whereas, civil law is concerned with disputes which has been arisen between private parties, for
example, employer and employee. In this injured party sues.
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Further, following are some laws which has to comply by organisation whether it is large
or small.
Equality act 2010 – This act provides legal framework which protect the rights of
individuals and provide equality for all people (Blattman, Hartman and Blair, 2014). This acct
was replaced by many of legislation such as anti-discrimination, race-religion, race-relation and
many more.
Employment right act 1996 – This act is update with Contract of employment act 196,
Redundancy Payment act 1965, Wages Act 1986 and many more. This set out the rights of
employees in case of dismissal, parent leave etc.
Consumer right act 2015 – This act is consolidating with existing consumer protection
law and provides number of remedies and rights to people. An organisation is having right to do
their business at international level with the permission of court.
Working time regulation 1998 – This regulation is applied to all workers and stipulate
time period in organisation. The organisation has to set the working time period of employees
which should not be more than 48 hours per week. It applies to all full time employees who are
working in organisation.
Pension act 2008 – The act provides legal framework for workers who have to opt for
occupational plan which are provided by organisation. It provides benefit to employees when
they get retired from organisation after a particular period of time.
P2 Role of government while making law
The government are playing an essential role while making any law and in their
formation. When they are making any rules usually it is very slow process which generally takes
time of one year. Before finalisation of any law, it is mandatory that it should be signed by head
officer of parliament. The government is also having right to make laws with the permission of
parliament in case of emergency. In every country, laws are framed parliaments and their
outcomes are found in different proposals. However, government is proposing a bill in front of
parliament for the benefit of society (Casey and Wilson-Evered, 2012). These bill should be
approved by parliament by making various amendments in them.
In UK, ideas are presented by member of governments in front of head officers of
parliament with the aim to encourage other people to support them. Afterwards, bills are
consulting by supervisors to give effect on these plans. Through this ‘green paper’ are formed in
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which it shows initial outlines of ideas which are presented by member. When proposals are
consulted by experts, then minister is responsible for to draw again instructions that what things
are included in this bill. The bill which are introduced in parliamentary session, these are
announced in the form of Queen’s speech. Following are parliamentary stages where bill is
passes from different sessions in house of lords.
First reading – In first phase, bill is arriving in parliament and it is familiarised with all
member who are presented in committee.
Second reading – In this, debate had taken place between members to find out key area
of bill.
Committee stage – After second reading, bill considered in house of lord’s line by line. In
this stage, votes may take place. The bill which has been drafted are examine by other members
that why bill has to be approve.
Report stage – In this phase, amendments are taking place in bill. The members who are
presented in parliament session are allowed to give their reviews on amended bill (Chou, Cheng
and Wu, 2013). But, there are some members who are not involved in cabinet, are given one
chance to them to give opinion, if further changes are required.
Third reading – This phase is also known as “tiding up” stage. Final chance is given to
members to make any changes and give their votes. At the same time, bill was considered by
each house after amendments.
Royal assent – When both houses are agreeing on final content which is written on bill,
then it is approved by Queen and it became a law which is also known as ‘Act of Parliament’.
The list of amendments which are which are presented by parliament in front of
government, it has been discussed that whether to accept or reject the proposal. If, governments
are not accepting the amendments, then other member can be suggested either to withdraw the
bill or take vote again.
In courts of UK, statutory and common laws are applied so that judges can take better
decision in the benefit of plaintiff or defendant. Common laws are developed on the basis of
preceding ruling which are done by judges. In this judgment are based on those rules which are
over the 100 years. Common law is also known as case law. When judges are giving any
decision, then it also become a new law where statures are not taking place (Corbett, 2011).
Statutory laws are passed by various government bodies of country. In this, new rules and
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regulations are made by government for protecting the rights of citizens or to resolve their issues
which are facing by on regular basis.
These common law are differing from statutory laws because they are based on
precedent. Statutory laws are formal body which consists with legal system and written in
legislation. These are mainly based on rules and regulation which are either mandatory or
prohibiting the behaviour of people (McDonald, 2012). On other hand, judges are taking decision
which are based on ruling of previous similar cases.
TASK 2
P3(a) Legal obligations of employers’ in context of different laws
The government of country have framed may rules and regulations for protecting the
rights of employee at work place. For every organisation, it is necessary to comply with all these
laws in order to provide them quality of services to employees and make healthy environment at
workplace. Following are some laws which has to be considered by employers to protect the
rights of employee.
Occupational health and safety act 2004 – It is the cornerstone of legislative and
administrative which help in improving occupational health and safety at work place. With the
provision of this act, it provides key principles, rights and duties of employees at workplace. It is
responsibility of employers to protect employee from hazardous activity which are performing
by them at work place (Crouss, 2012). Following are some responsibilities of employers under
this act; employers have to comply with all rules and regulations which are imposed by
organisation, proper training should be provided to employees so that they came to know about
how to use equipment’s. This will help them to protect from hazardous activity.
Health and safety Act 1974, provides legal duty of employers which will ensure about
health and safety and welfare of work of employees at work place. This act require that employer
should be responsible for to provide training to employees which will ensure about health and
safety. There should be maintains working environment at workplace.
Workers compensation act – According to worker’s compensation act 1897, which
protect the rights of worker at workplace by providing them compensation as per their injury.
But this act was replaced by Employer’s liability Act 1880 (Lumineau and Malhotra, 2011). As
per this provision, responsibilities of employer are; employer have to provide better treatment, if
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injured has taken place, insurance of workers should be their which will also motivate them to do
their work properly, employer’s liability arises when harm is caused to workers.
Harassment act - Harassment act 1997, was introduced to deal with problem of stalking
which are facing by employees. however, it compacts with wider range of behaviour of people,
which also includes behaviour which is causing alarms or distress to victim. This act provides
remedies in both criminal and civil cases (PAPER, 2017). In, legal obligation of employers is
that; they have to incorporate harassment policies at work place, along with this; they have to
conduct programme to increase awareness about this provision.
Equal opportunities – According to Equal opportunity act 2010, employers have to
provide equal opportunity to employees at workplace. They have to eliminate anti-discrimination
which are performing by some employers in order to protect the rights of employees. anti-
discrimination includes; age, gender, nationality, religion, caste and so on (Maple and et. al.,
2012). Responsibility of employer is that they have maintain healthy working environment at
work place which will also motivate employees to perform their task in appropriate manner.
For example, if employers of British airways are not complying with all these rules and
regulations, then it will negatively impact on the company reputation. It is responsibility of
employer to comply with all these rules and regulations which are set by government in order to
protect the rights of employees. If employees are getting their rights, then they are having rights
to sue against employers.
(b) Contract and employment law
In UK, parliament has framed many rules and regulations for both employers and
employees. so, in organisation employee is having right to get all benefits which they are
deserving. As per provision of Employment Right act, 1996, it is a piece of legislation which
have framed many legal rights for employees. It is essential for organisation to comply with all
these act, because every employee is having right to get all opportunities which are provided by
government (Employment Rights Act 1996, 2017). Moreover, employer is answerable, if any
harm is given to employees. as per section 1(2), it states that, main terms and condition between
employer and workers must be recoded in writing and give to employee within two months of
starting their employment. This act has provided rights to employee in case of unfair dismissal,
redundancy.
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According to contract act, there are two parties which are forming agreement which are
enforceable by courts of law (DeMott, 2011). There are essential terms which make contract
valid and these are offer, consideration, acceptance, capacity to create legal intention, mutual
consent.
In given case scenario, in fast-food restaurant 16 years old girl is working in outlets. She
slipped on water which is leaking from ice-making machine. In this circumstances, her hand was
going into deep fry water which is containing oil with a temperature of f 360°F and she suffered
from burns to her left hand. When accident was occurred, there was less number of staff in
outlets and supervisor was working on tills instead of monitoring work of them.
In accordance to the provision of health and safety act 1974, it is responsibility of
employer to protect rights of individual. The whatever equipment’s are using by employee it
should be regular check by employer at workplace. Along with this, it is their duty to provide
appropriate training to workers so that they can use proper equipment’s. If any injury has been
occurred at work place, then according to this provision, liability of employer occurs to
compensate amount to injured person. Now as per given case scenario, it is responsibility of
employer to reimburse amount to injured girl.
From above case scenario, it is found that as per provision of employment and contract
law, employer is responsible to protect the rights of employee at work place. If accident have
taken place, then employer have to provide proper treatment to them. According to provisions of
law, children who are below the age of 16 or 14 or per decision of jurisdictions. So, in food
outlet, team leader was responsible to protect girl even if there was not sufficient staff.
TASK 3
P4 Legal solution for business issues
Redundancy is the form of dismissal from the job of employee. In organisation, it takes
place when employers need to reduce their workforce at workplace. If redundancy have taken
place, then following are rights which are eligible for employees; notice period, option to switch
over to other job, time off to search for new job and many more (Fisk and Barry, 2012). There
are different types of dismissal which are taken place in organisation;
 Fair and unfair dismissal
 Constructive dismissal
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 Wrongful dismissal
As per section 96, unfair dismissal means when any employers are terminating to
employee without giving them notice period or valid reason. Every employee should be qualified
as per these provisions so that they can protect their rights (Resnik, 2014). If any employee is
dismissed from organisation without any valid reason, then they are having right to sue against
employer.
As per section 94, employees are having some rights, where they can protect their rights.
If employer have terminated them without any valid reason, then they can suit against them.
They are having authority to recover the compensation amount from organisation at the time of
termination period.
In given case first, Calvin is designer who was working in large fashion house as an
employee. He is working since four years and his employer is Donna. On Monday she arrived on
her office and found that £100 is missing from her petty cash book. On that day, there was
another four employees who were working but Donna came to Calvin room and dismissed him
without giving any notice period to them. As per provision of unfair and wrongful dismissal, he
is having right to sue against Donna because she has terminated him without any valid reason
even opportunity of notice period is also not taken by him.
In given scenario second, Dan runs a small convince stores and fire destroys them. So,
eventually Dan open another stores in new locations and same time he had applied for a fire
insurance. Due to fire he had suffered from substantial damages. But insurer company refuses to
claim the amount when they ask from Dan that “Have you taken any amount on insurance policy
in last two years” and Dan answered no. As per act of insurance, there is no any time bound to
claim amount on fire insurance. Dan is having right to claim these amount on any time period.
So, he can go to court for recovering the loss amount from insurance company.
P5 Justification of above solutions
From above case studies, there are many rules and regulations which are framed by
government to protect the rights of employees. It is significant for organisation to comply with
all these regulations and to be up to date with these laws if any amendment had taken place.
According to section 95 of employment act, here are some circumstances where termination of
employees can take place (Folsom and et. al., 2012). But, employer have to also serve notice
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period to them if they are terminating employees from organisation. In accordance with the
provisions of section 95, of Employment act, 1996, following should be adhered by an employer:
 Notice has been severed by employer to employee on the breach of contract, then
employer is having right to terminate them.
 Employer is terminating worker on his own knowledge even when they are not
performing their duties well and terminate them without serving any notice period to
them.
So, as per case scenario first, if employer is terminating employee without any valid
reason then it will directly impact on aims and objectives of organisation. Other employees of
organisation will do their work properly.
In second case, Dan is authorised to file against insurance company in order to receive his
full compensation amount.
Case Law, Pendleton v Derbyshire County Council and another (EAT), decision of
employment Appeal tribunal heal that dismissal of teacher who is belonging from Christian
because he has refused to end her marriage offender and this was a religious discrimination.
Case Law, British Home stores Ltd v Burchell, Judgement of court held that, the appeal
which has been made by company were allowed them. The court has support them, because they
considered dismissal of employee without giving any opportunity to them by organisation. The
worker of British home stores have genuine reason that employee had conducted an illegal
activity which is causing damage to them. Further, employer have conducted appropriate
investigation so that they can collect valid reason to dismiss employee. In last, reasonable steps
have been carried out by employer for investing this matter in appropriate manner.
TASK 4
P6(a) Concept and benefits of alternative dispute resolution
ADR is concept where disputes parties are settling their cases without taking any court
help. It is collective term, where parties are disputing their settlements with the help of third
person. This process is used by those parties who do not want to waste their time in litigation of
court (Halder and Jaishankar, 2011). Moreover, there are following terms which are using by
parties to understood this concept properly:
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Arbitration – It is informal trail process. In this, there is intervention of third party to
resolve the disputes between parties. The decision which are given by third person is not binding
on both parties, they may reject decision which are given by them.
Arbitrator – In this, third party is having right to reach with final conclusion. The person
is hearing problem of both parties and opportunity of being heard is given to them which will
also help them to come up with final result.
Alternative dispute resolution is offering some advantage to parties in resolving their
disputes in time period.
Single procedure – The parties are agreeing upon that to resolve their issues by a single
procedure which also includes intellectual property. Thereby, it also avoids expenses and
complexity of multi-jurisdiction.
Confidentiality - When any parties are through this process, then these disputes are kept
confidential. So, parties are having right to keep result confidential.
Party autonomy – The nature of ADR is private so it affords to parties to exercise greater
control over the disputes to resolve them. In contrast to court litigation, parties are themselves
selecting most appropriate person for taking appropriate decisions (Hollander-Blumoff and
Tyler, 2011). If there is increased in party autonomy, the result will also get in fast process.
Finality of awards – In this, parties cannot make appeal to court, because the decision is
taken by arbitrator. If, it is compared with court decision then there may be two or more rounds
of litigation which also waste the time of parties to come up with final results.
(b) Alternative legal solution
The concept of ADR is different from other country. The government of other country
are making rules and regulations as per the benefits of citizens. In this light, it can be said that
different tools and techniques can be used by parties to come out with common outcome. In
addition to this, different ways are suggested to parties in order to resolve their issues.
On other hand, in USA, ADR comes with many interactions which is highly formalised.
There are different types of ADR which are available in US and divided into three parts such as;
adjudicative, evaluative and facilitative.
As per given scenario, it has been noted that Antwon is running large investment firm
with Tyrell who is the owner of computer software company. But between both disputes has
been arisen and these has been gone for a several weeks and they are not getting any satisfactory
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results. Also, parties are wishes to continue work in partnership and maintain their strong
relation.
In this case, it has been concluded in context of USA or any other act or legislation which
is related with ADR, parties can opt arbitration or conciliation process in respect to their
resolutions (Hunter, 2017). According to this, parties are having right to use this concept. In this
parties can save their time rather than go to court litigation process. But, parties are not bound to
accept their decision.
CONCLUSION
After summing up report, it has been concluded that, governments are playing essential
role in making law for the benefit of people. There are many acts such as worker’s
compensation, employment act and many more, organisation have to comply with all this to
protect the rights of employee at workplace. At workplace, employer cannot terminate any
employee without any valid reason, if they have done this, then worker is having right to sue
against them. further, it responsibility of government as well as parliament to make amendments
on acts and legislation on regular basis in order to protect the rights of citizens. The rules which
are implemented by organisation, then employers have to properly regulate them which will also
help them to maintain healthy working environment.
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REFERENCES
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Casey, T. and Wilson-Evered, E., 2012. Predicting uptake of technology innovations in online
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Corbett, W. R., 2011. What is in Gina's Genes-The Curious Case of the Mutant-Hybrid
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Fisk, C. and Barry, A. P., 2012. Contingent Loyalty and Restricted Exit: Commentary on the
Restatement of Employment Law.
Folsom, R. H., and et. al., 2012. International business transactions: a problem-oriented
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Halder, D. and Jaishankar, K., 2011. Cyber gender harassment and secondary victimization: A
comparative analysis of the United States, the UK, and India. Victims & Offenders. 6(4).
pp.386-398.
Hollander-Blumoff, R. and Tyler, T. R., 2011. Procedural justice and the rule of law: Fostering
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Maple, C., and et. al., 2012. Cyberstalking in the UK: Analysis and
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McDonald, P., 2012. Workplace sexual harassment 30 years on: a review of the
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Resnik, J., 2014. Diffusing Disputes: The Public in the Private of Arbitration, the Private in
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Online
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<https://www.netlawman.co.uk/ia/era-1996>. [Accessed on 18th July 2017].
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PAPER, B., 2017. The Protection from Harassment Act 1997. [PDF]. Available through:
<file:///C:/Users/user006/Downloads/SN06648%20(1).pdf>. [Accessed on 18th July
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Sources of English law. 2015. [Online]. Available through: <
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