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Unit 10 Business Law London School of Science and Technology

3009Downloads1 I Published: 07 May ,2020

TASK 1

P.1. Explain the structure of the English legal system and discuss the different sources of laws that organisation comply with

In hierarchy structure of English legal system, the major decision maker concerning to the English legal system is supreme court and other courts below it effectively. The united kingdom of great Britain and Northern Ireland (UK) made of four countries properly which is England, wales, Scotland and Northern Ireland. Some essential laws of the UK applies on entries these countries and some apply only on two of three countries efficiently. The supreme courts final decision is considered as the law in the UK effectively. Although, supreme courts considered as the highest English court and major decision maker in UK. Some decision of European court related to human rights of the country's peoples do not binding on the nation's domestic court effectively (Bird, 2011). UK's parliament furnish relevant guidelines about representing of all government department and campaigns in the nation as per government rules and regulations efficiently. The UK parliament plays major role in order to making new legal system and the country's legal system has its own two different courts which is criminal and civil courts effectively.

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Supreme court: This is the highest legal body of the UK government, which allows to the highest appellate court matters in the UK effectively. Its judge also has power about to the resolution of dispute between major cases in these countries ( in Scotland, Wales and Northern Ireland) or laws made by provided guidelines related to the legislatures in the country in more relevant form.

Senior court of England and wales: The United Kingdom does not have single unified legal system, that's why, England and Wales has its own legal system, this court system has been made under the judicature Acts of the UK which is “Supreme court of Judicature”. It is not the top highest legal authority in the UK, it has authority of listen major cases of England and Wales country's efficiently (Chaffey and White, 2010).

Curt of appeal: Court of appeal constituted of its two different types of court which is High court and Crown court as well. In this court, civil courts appeals are listened in this court effectively and crown court have authority to hear jurisdiction legal cases of the whole country properly.

Varied different types of source of UK English laws which organisations must comply with:

It has been seen that, there are several kinds of sources occurs in the UK legal system, these sources are from legislation, common law, European Union law and the European Convention of Human rights efficiently.

Legislation: Legislation is law which is formulated by the legislature in the country effectively. The most crucial part of legislation is Acts of parliaments. This is the only body which have authority to pass legal system in these four countries sufficiently (Clarke, 2013). The UK parliament consist of tow section which is House of Commons and House of Lords. All these members has its specific process making a new law in these nations effectively.

Common law: The legal system of England and Wales is common law system which it makes decision on senior apples courts in the country efficiently. This is also a major part of sources of law in the nation which provides effective legal provisions towards organisational environment of the country, which its process must comply by all organisations in the country effectively.

P.2. Explain the role of government in law-making and how statutory and common law is applied in the justice courts

The house of commons: Member of Parliament (Mps) or House of Commons are the people which is elected by the public representation in the parliament of the UK effectively. They must be in form of majority in parliament in order to passing a bill properly.

The Hose of Lords: The members of House of Lords consist of Senor bishop and life peers in the church of England effectively. They also play a major role in case of conversion of a bill into Act in the parliament sufficiently.

Bill: Bill are made in the form of draft which is made by civil layers as instructed by the governance of the UK effectively. These bill could be in three types which is Public bills, private bill and private members bills as well (De George, 2011).

First stage: In this first stage, Bill title and draft release to first reading in House of Commons effectively. There is nothing to be done in this stage.

Second reading: In this stage Bill is debated and amended in this stage by several Mps of the government in parliament.

Committee stage: In this stage, bull is refer to House of Commons committee for explaining more details about the bill in the parliament efficiently.

Report stage: Committee reported and debated bill is to be processed to further discussion by the House of commons.

Third stage: In this stage, the bill is re-presented in the House in order to making short debate on it for further process.

House of Lords: This bill is send to House of Lords to process through above mention 5 stages and after amended is sent back to house of commons.

Royal Ascent: This is very formal process where, the bill is sent to Monarch for the formally approve the bill and the bill convert into Act finally.

Statutory and common law: Statutory is more formal body of English legal system which is n written form. This legal system provides a certain prohibited behavior in the court while process court judicature process in the country efficiently (Folsom and et.al, 2013). Common law defines about some process by which judge of the court makes decision based in particular rules and regulations on the basis of similar cases which has been listed by them in previous time effectively. Statutory law defines about some function and ruling of Court which must be followed by Judge and people who is sited in the Court while decision-making and several other process of the court efficiently. As per common law system, the lower court need to follow the decision of its higher courts in the court rather than statutory laws in the country efficiently.

TASK 2

P.3. Explain how the relevant employment and contract law will have a potential impact upon the business in the scenario

(A) Explain employers' legal obligation in relation to:

Occupational health and safety: As per occupational health and safety Act, 1974. All organisation which is running in manufacturing industry and other dangerous zone, they have been required to furnishing effective safety and health care by organisation to their employees at the workplace in proper manner (Friedman and Hayden, 2017). All the employees who are working in the organisation, employers, contractors, suppliers of goods and services and those persons who hold other essential work premises in the company must be given safety and health care services at the workplace in case of injuring occurrence in any employees of organisation in UK effectively. It has main objectives to protecting the health and safety of welfare at the workplace effectively and provide health insurance of each employees who are associated to the firm efficiently.

Workers compensation: As per worker compensation Act, 1943 all employees in the UK, must be given appropriate remedy in case of getting injured and suffering disease in their life in proper manner (Hammond, 2012). In case of any serious disease of employees in organisation, employer need to provide proper insurance policy and relevant medical treatment in their lives efficiently. This is the major liability of employers in the nation to provision of appropriate health and safety by giving insurance of each employees in order to getting proper compensation in case of serious injury occurs in their lives effectively.

Harassment: According to harassment Act, 1997. It assists the UK country's employees to make improve in wide range of behaviour in the nation in effective ways. This acts also furnishing criminal and civil remedies in the country in more relevant form. The act defines that, all employees including specially women at the workplace must be treated with dignity and respect, their rights does not violate in the company effectively.

Equal opportunities: AS per the equality act 2010,in the UK, each employer must comply with this law in order to provision of fair equal opportunities to their employees towards grow in the company effectively. All employees in organisation does not discriminate in case of their disability and any other mental and physical problems in their lives. They must be given equal chances to grow in the industry properly.

(B) As per given case, there is health and safety Act 1974, is being enforced in the given situation, the fast food outlet must be in safer zone in order to provision of their food products and services in relevant form (Hopkins, 2011). As his employees is injured form sever burn because of her left hand went into the deep fat fryer containing oil in the company efficiently. In this case, there are sort staffed on the day of accident and the team leader was working on the tills instead of monitoring workplace safety efficiently. As per the Act, the leader of the company must have liability to provision of safety at the workplace in relevant form. The employer have fault regarding to proper maintenance of ice-making machines at the workplace efficiently. Leader of fast food outlet need to provision of proper remedies to the injured girls in the firm appropriately and also need to give relevant insurance policy to her in respect to utilisation of medical treatment for injured hand properly. The leader have faulted to not making consideration after getting injuring the girl at the workplace efficiently.

TASK 3

P.4. Suggest appropriate legal solutions for each of the business problems

(1). As per this case, in this case the Employment right Act, 1996 is enforced which defines about employees rights must be protected by employers at the workplace efficiently. According to this case, Calvin is a designer working for a large house (Hung and Law, 2011). He is a loyal employee the company who has been working in the company from the last 4 years properly. On Monday, his employer Donna has comes into the room and see that, Calving action suspiciously and after that, she checked pretty cash box and find out that, 100 Euros are missing in the box. Because of this, Donna has been fired Calvin from the job in the company without taking any investigation at the workplace. Before firing Calvin from the workplace, she required to proper investigated and ask the fact from four other employees who are working there. Calvin has right to take legal action against Donna, because she has made wrongful action against her employees in the company, as per Employment right Act, 1996. Calving can take legal action against Donna in order to getting proper remedies from beach of employment contract, she need to re-employee Calving on the job and also provide appropriate compensatory amount which has been occurred by Calving after leaving the job effectively. She need to proper investigation of actual situation then after on the real fact need to make decision for fire from the job efficiently.

(2) Kevin's father Dan own a small convenience store and several times, it has been destroyed by fire. As per this case, Dan has been made legally wrongfully action towards the insurance company policy effectively. Dan has been asked by company executive In proposal about ' have you made any claim on an insurance policy in the last two years' (Khurana, 2010). Dan has given answer 'NO', Which is irrelevant information have given by Dan in this case. As per, misrepresentation act 1967, a misrepresentation of false statements has been occurred in this situation while entering into a contract. According to these circumstances in the contract, Dan is a guilty person who has made wrong statement when asking about their previous claim on company's policies effectively. She has said no but in actual, it was only 23 months. As per company policy, they can not make claim on company policies from last 2 years of the company efficiently. Dan need to refused from it wring claim on insurance company and in this case, the company can sue on Dan for compensation of company's losses in case of making wrong claim on company be Dan. Hence, Dan need to refuse their claim on insurance company as per misrepresentation Act effectively.

P.5. Provide justification for your solutions by either referring to a relevant statute or using an appropriate case

As per employment right Act, 1996, it has been justified that, Calvin is not a guilty person in this case, Calvin is an employee at the firm and has worked there for 4 years. His employer Donna arrive at work on Monday morning and find Calving acting suspiciously at the workplace in more sufficient form, so Donna has checked the pretty cash box and find out that, there were missing 100 Euros. Despite the fact that, four employees were there at the time, Donna came into the room and she dismisses Calving without giving any notice about firing from the job (Moon, Kang and Gond, 2010). This is wrongfully work has been done by Donna towards Calvin at the workplace effectively. According to employment right Act, 1996, I define that, in case of giving a job, in contract of employment, employer need to give pre notice before firing from the job efficiently. Dona has not made proper investigation related to Calvin in case of making illegal work at the workplace. At that time, there were four employees also working, Donna need to ask them properly concerning about who has been made this illegal work missing cash from the petty cash box of the store efficiently, as per this legal provision, it has been justified that, Donna has made legally wrongfully work at the workplace to firing Calving from the job, the act defines that, Donna should have to proper investigation related to missing of cash from petty box. Donna need to re-employee Calvin to the job and provide sufficient loss of payment as he has bearded after leaving from the job (Nichols, P. M., 2012).

TASK 4

P.6 (a) The concept and benefits of using Alternative Dispute Resolution process.

Alternative Dispute resolution refers to settling of conflict without any judicial proceeding either using negotiation, mediation, conciliation, neutral evaluation or arbitration process. It is a less formal and inexpensive way of solving a dispute which usually takes less time than a litigation trial. It is majorly used to settle labour disputes, personal injury related issues and divorce cases. Through ADR proceed both the parties get to resolve their issues in a mutual way thereby learning each other's point of view (Bachar and Hensler, 2017). The process of ADR can be carried out through :

Negotiation - Negotiation is a process through which two parties in conflict reaches on a said outcome through an agreement The process of negotiation involves stages which are helpful in solving issues and conflicts arising among business personnel of an organization. The success of negotiation process depends on satisfaction of both parties involved. Before starting negotiation, various proposals and counter-proposals need to be decided. The negotiation works best when both parties are willing to communicate and cooperate.

Mediation - It is an extension of the negotiation process which involves setting of disputes without entering into any litigation. It involves a third party who makes settlement between the two conflicting parties (Mak, 2017). Mediators could be individuals who bring the disputing candidates together to a particular place and attempts to resolve issues among them through agreement or settlement on a particular point to which both parties accept or reject. Thus mediation is generally interrupted by a third party who tries to resolve conflicts between two parties through reconciliation, compromise or settlement.

Arbitration - This is another type of dispute settling process other than judicial proceeding which is costly and time consuming. This a tool for resolving dispute in which the court authorizes a neutral person or third party to mitigate the issue between two parties. In this process the person assigned hears both the parties and makes a decision so as to resolve the matter (Lande, 2018). The arbitrator so assigned makes a decision which is binding on both the parties irrespective of any prejudices. Arbitration is private proceeding which is carried out by an arbitrator whose decision cannot be challenged by any party to arbitration.

Neutral Evaluation - In this type of dispute settling tool both the parties gets an equal chance to present their case to an evaluator who then gives a detailed evaluation on both the parties evidences and prepares a plan to resolve the issue (Bachar and Hensler, 2017). The evaluator's decision is not binding on the parties but he usually have an expertise in dispute resolving matter and both the parties typically accepts the opinion of the evaluator which would further be negotiated.

P6 (b) An alternative legal solution for settling the dispute between Antwon and Tyrell.

Antwon and Tyrell are business partners where one sells computer software products to the other having a large investment firm are being in conflict from last several weeks and wants to resolve it through mutual consent and without litigation as litigation might hamper their image in the market (Mak, 2017).

Both the parties needs to seek alternative dispute resolution process thereby taking consultation from a third party which will listen to both the parties and gives a decision thereby resolving disputes among-st them so that they can carry their business relationship normally. Thus, both the parties should seek consultation through arbitration process where the court will hire a third party that is arbitrator for resolving the issues and giving a decision which is binding on both the parties.

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CONCLUSION

From the above analysis, it has been concluded that, in case of UK, English legal system in the country in unified manner. There are various sections of the English legal system which assist the country to resolving each legal provision in the company in relevant form. Moreover, this assignment also concludes about to some legal obligations as pwer Occupational health and safety, workers compensation etc. employer need to consider these obligations towards their employees sufficiently. Beside from it, this investigation also concludes about several types of alternative dispute resolution process and process recommendation on given business problem properly.

REFERENCES

  • Bachar, G. J. and Hensler, D. R., 2017. Does Alternative Dispute Resolution Facilitate Prejudice and Bias: We Still Don't Know. SMUL Rev., 70, p.817.
  • Bird, R. C., 2011. Law, strategy, and competitive advantage. Conn. L. Rev. 44. p .61.
  • Chaffey, D. and White, G., 2010. Business information management: improving performance using information systems. Pearson Education.
  • Clarke, B., 2013. Military occupation and the rule of law: The legal obligations of occupying forces in Iraq. In International Trade and Business Law Review (pp. 135-139). Routledge-Cavendish.
  • De George, R. T., 2011. Business ethics. Pearson Education India.
  • Folsom, R. H.,and et.al, 2013. Principles of international business transactions. West Academic.
  • Friedman, L. M. and Hayden, G. M., 2017. American law: An introduction. Oxford University Press.
  • Hammond, K. J., 2012. Case-based planning: Viewing planning as a memory task. Elsevier.
  • Hopkins, B. R., 2011. The law of tax-exempt organizations (Vol. 5). John Wiley & Sons.
  • Hung, K. and Law, R., 2011. An overview of Internet-based surveys in hospitality and tourism journals. Tourism Management. 32. 4. pp. 717-724.
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