Business Law: Exploring UK Legal Systems, Obligations & Solutions

This Business Law report provides a detailed analysis of the UK legal system, including its structure, sources of law (statutory and common law), and the roles of various legal professionals. It examines the legislative process, the impact of EU law, and the importance of law reform. The report further explores employer legal obligations concerning occupational health and safety, worker's compensation, harassment, and equal opportunities, using a case scenario to illustrate these concepts. It also discusses alternative dispute resolution methods and their benefits. The report concludes by recommending appropriate legal solutions based on alternative legal advice, considering the advantages and disadvantages of the English legal system. Desklib provides access to this and other solved assignments for students.

Business Law
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Table of Contents
Introduction................................................................................................................................4
Section 1 – Nature of legal systems...........................................................................................5
a) (P1).....................................................................................................................................5
b) (P2).....................................................................................................................................7
(M1)........................................................................................................................................8
(D1)........................................................................................................................................9
Section 2...................................................................................................................................10
P3 a).....................................................................................................................................10
b)..........................................................................................................................................12
(M2)......................................................................................................................................13
Section 3 – Legal solutions to business problems....................................................................14
P4..........................................................................................................................................14
P5 -.......................................................................................................................................15
M3........................................................................................................................................16
D2.........................................................................................................................................17
Section 4 - Recommending appropriate legal solutions based upon alternative legal advice. 18
a) (P6)...................................................................................................................................18
b)..........................................................................................................................................19
M4........................................................................................................................................20
D2.........................................................................................................................................21
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Conclusion................................................................................................................................22
References................................................................................................................................23
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Introduction
This assignment provides the detailed discussion regarding the concepts of the law and its
application in the United Kingdom. The explanation regarding the structure associated with
the English Legal System is provided in this report. The effective role played by the
government departments in the formation of the law drafts and its application is effectively
presented. The legal systems are developed continuously with the reforms used and it helps in
the enhancement of the growth. The employer legal obligations are effectively provided in
terms of the ruling of the application of the statutory and the common laws. The task provides
the understanding regarding the procedure used in the alternative dispute resolution
procedures. The effective understanding regarding the implication of the legal obligations as
provided under the ruling related to the employment acts or the harassments acts is provided
in this report. The benefits and the alternates used are effectively provided in this report along
with the benefits derived from it.
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Section 1 – Nature of legal systems
a) (P1)
Law is a scheme of rules in which a specific community identifies as regulating the
actions of its members and which it may impose by the obligation of fines.
Structure
Supreme Court is the highest court in the UK. It overhears the verdicts from Wales and
England. UK is part of EU member. It established in 1952 in Luxemburg. The Supreme
Court consists of the criminal and civil decision.
Criminal Division: This division deals with the criminal matters. It splits into three
courts. Magistrate court deals with the criminal cases. Serious crimes are accepted by the
crown court. Crown court overhears the petitions from magistrate court. Court of appeal
perceives the appeal against the convictions, confiscation order in crown court.
 Crown court: It deals with the matter such as rape, murder and court conviction.
It receives the appeal from the court of magistrate.
 Court of Appeal: It hears the verdicts from proceedings in crown court. Verdicts
can be against the matter of sentence, convictions and confiscation by the crown
court.
 Magistrate court: It deals with three types of cases such as either way offences,
summary offences, indictable-only offences(Courts and tribunals Judiciary, 2018).
Civil division: It handles the civil matters. The civil court includes the queen court,
chancery court, family court. Queen court handles the dispute regarding the negligence,
torts, breach of court. Chancery court is a court of equity in Wales and England that
follows rules to avoid the change and inequity of law. Family law handles the matter
regarding the marriage and divorce and also perceives the verdicts from that. Court of
appeal perceives the verdicts from the court and includes the court of administration. The
county court is based on the process of jurisdiction.
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 High court of Justice: It includes the three divisions of appellate and original
jurisdiction in civil matters. It includes the chancery court, family court, queen
court.
 Court of appeal: It perceives the verdicts against the decisions by family court
and county court.
 County court: It is based on jurisdiction that covers one or more counties which
are administrative in nature.
Sources
There are two kinds of sources primary and secondary.
Primary sources: It includes the legislation enacted by parliament, case laws made by
the court, European law.
 Legislation: It is enacted by a legislature such as a parliament. It is recognised as
higher form as it overrides the other laws.
 Case laws: It is a set of rulings by courts and tribunals that meets the rules of
jurisdiction and known as precedent. This law helps to find the information easily
(Diffen,2018).
 European law: It is a system of rules which are operating within the state
members of European Union. It is divided into primary and secondary legislation.
Secondary sources: It includes the parliamentary and non- parliamentary documents,
law journals etc.
 Parliamentary and non- parliamentary documents: Parliamentary documents are
those which are produced by the parliament. It includes the bills, judgments,
business papers. Non-parliamentary documents are that which are not produced
by the parliament. It includes research reports, codes of practice etc.
 Law journals: It is an academic publication that presents the commentary of
emerging developmental in the law and specialises in the particular area of law.
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Role of solicitors, barristers, judges: Solicitors advises on the legal matters and work
in private firms. Barrister presents the case before the judge in court. Judges interpret
and implements the laws and provide the judgments to the parties.
b) (P2)
The House of legislature deliberate proposals is known as bills which are presented by
the government. To become law, a bill must be accepted by House of Lords and House of
Commons. It has to undergo following stages.
First reading: this is considered to be a preliminary stage of reading of the bill. In this
phase, the topic of the bill is to be decided and read by both houses of parliament.
Second reading: In this phase, the purpose and objectives of the bill are to be discussed.
This phase also recommends the amendments.
Committee stage: The main purpose of this phase is to examine the bill and variations
are made.
Report stage: This phase, recommends the amendments and changes. The draft is
disputed and voted by the house of parliament.
Third reading: In this phase, a draft is represented in the house. In-house of common, no
changes can be made, but in House of Lords, modifications are made.
Royal assent: It is the last phase of the process of lawmaking. The bill is declared by
both houses and it becomes the law (Slapper and Kelly, 2013).
Statutory and common law
Common law originates from the precedent and statutory law is made by the
administration. Common law is instructive in nature and statutory law are prescriptive in
nature (Diffen, 2018).
Role of EU: The member states set the various organisations to which they delegate their
authority so that, matters regarding the decisions can be made at the European level.
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(M1)
Law reform is the procedure of scrutinising the prevailing law and executing the changes
in the legal system with the aim of improving justice or efficiency. To bring the efficacy
of English legal system various standards, regulation is to formed which aim to ensure
the impartibility of government. Law must be changed according to the needs of society
and environment. Certain changes can be made such as tribunals must be established,
policies and rules are to be framed, and technology must be updated. There are various
courts and tribunals that help in bringing effectiveness by making different laws for the
improvement of governmental power (Lawgovpol, 2015).
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(D1)
English legal system is administered by England and Wales. To evaluate the legal
system, advantages and disadvantages are to be discussed. English legal system includes
the certainty which describes that law is based on the real-life situations with all
complications. It is a rigid system which state that judges can modify or change the law
according to the needs of society. The disadvantage of English legal system is it
overrides the other regulation and legislation. It has a sheer volume of legal material
which states that it has many case laws and reports and it is difficult for a court to solve
the cases timely (Bennett, 2012).
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Section 2
P3 a)
i) Occupational Health and Safety:
The provision of this act was formulated in by the employer for providing effective and safe
working environment for the employees. Hence the employer should provide the easy access
to the working environment for the colleagues which provide them with the safe feeling to
work. This also helps in reducing the liability of the employer towards the employees as if
there is involved any act in the workplace then in such case the burden to make the payment
of the expenses falls on the employer only. It is considered to be the process which involves
the more costs hence priority should be given to the safety of the colleagues in the workplace.
This act not only ensure the safety and welfare of the employee but also for their family,
customer or any person who may be affected by the working of such organization. If due to
the negligence of the employer, employee incurred any loss or injury then the employer will
be held liable (Healthy Working Life, 2014).
ii) Workers compensation:
The ruling of the Workers Compensation Act 1906 helps in governing the behaviour and the
conduct of the employees involved in the workplace. The negligence of the employer
regarding the safety and health of the employees hold the employer liable to make the
payment of the compensation
iii) Harassment:
The acts which are formulated to govern the acts of the harassments are equality act or the
protection from the harassment act 1997. These acts also help in saving the interests of the
workers which are involved in the workplace. The acts related to the racial harassments are
also involved in the workplace and hence protection should be provided to the individuals
from such acts and the proceedings.
iv) Equal opportunities:
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Setting up of Equality and Human Rights Commission is also governed under this Act, which
has the authority to penalize the employer engaged in any discriminating recruitment. The
equal opportunities acts help in the individuals to provide the equal opportunities at the
workplace. This act helps in providing the equal opportunities for the employees and the
effective working environment. The regulations provide that if there is involved the
inequality at the workplace then this act of the employer holds them liable for the imposition
of the legal penalties.
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b)
The regulations related to the employment and the contractual regulations are provided in the
case scenario of the girl child. These regulations affect the working of the factories and the
terms related to the employment. It is provided that the effective and the safe environment in
terms of the hardware and safe premises should be provided to the employees. Effective staff
should be available on the premises so that there should be present an individual to monitor
their working.
The provisions of the Health and Safety Act 1974 are also applicable in this case which helps
the individuals to safeguard their rights and the practices. In the given case the girl child was
suffered from the accident due to less availability of the stuff to monitor their working. Hence
there is a breach of the regulations of the health and safety and hence the decision making is
involved through the provisions of this act only. Further, the regulations of the Employment
Protection Act are also applicable in this case.
It is analysed from the above scenario of the girl child that if the safe environment is not
provided to the workers then in such case the employer is liable to make payment of all the
expenses and also the compensation (Fair work ombudsman, 2016). The contractual
obligations are also not followed in this case and the contract is made with the 16 years girl
child which is considered to be void. Hence in any case the employee is not liable for any
terms of the contract.
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