This assignment will assist in understanding of the manner in which business laws are applied to a company. Students are expected to determine how business law influences operations and decision making for a company.
- Defining structure of English legal system and identifying sources of law which are to be complied by business organisations.
- Explanation of the role which is played by government in formation of Law and at the same time mention how statutory and common law are applicable in justice courts.
- Stating employer’s legal obligation relating to health and safety, worker’s compensation, harassment, equal opportunities.
- Considering the scenario, provide an explanation of relevant employment and contract law which will have potential impact on business.
- Providing justification for the solutions proposed through referring relevant statute or suitable case.
- Determination of concept and benefits of opting for alternative dispute resolution process and recommendation alternate legal solution to a business problem.
Business Law is a term which is basically known to govern an establishment with applicable norms and procedures. It consists of several rules and regulations that are applied to bind the workers to operate into a legal structure. The current report has also demonstrated the legal structure of business in UK with application of an English legal structure. It has thereby intended to determine various applicable laws that are known to govern the nation. Also, it has discoursed upon the impact of all regulatory norms with a foremost role of government in it (Orozco, 2010). This involved a significant contribution of common law as a vital statutory law to govern the UK based organisations. It is however applied in the court of justice where the businesses are strictly required to abide by the constitutional regulations of common law. There together exist certain legal obligations of the workers with a special consent of the employers to take care of adopting relevant measures. These are specially meant to take appropriate measures towards occupational health, worker’s compensation, safety, equal opportunities along with their safety or security, etc. All of these aspects have been assessed in this report by together relating it to the given scenarios and case studies.
P1 Structure of English legal system and different source of laws that are required to be complied by the organisation
The structure of English legal system mainly consists of 2 major laws namely civil and criminal law where both of these are governed in England and Wales. The Supreme Court leads the overall structure of English legal system by handling the cases of criminal laws. The cases related to it can be appealed in apex court of justice with a foremost involvement of Magistrates court that is the bottom level of this structure to handle the cases related to criminal law. Herein, opening rounds of hearing takes place with verdicts that are being made on the basis of evidences presented by the parties (Whitehead, 2011). Although, in case, any of the involved parties are unsatisfied from the verdicts, they can further apply in Crown court that is a step ahead of the Magistrates court. If here also, they do not get any satisfactory judgment, they can further go to the apex court to appeal for a final verdict given by the Supreme Court. This decision will be required to be followed by both the parties as an ultimate solution with no alternative of appealing further.
The civil law is being governed by 3 distinct courts namely County courts, High court of Justice and Court of appeal. The bottommost court is the County court that takes decisions of domestic issues. In case, the parties are dissatisfied from the verdict, they can further refer to appeal in the High court of justice which is bound to inspect the case, yet again. Herein, in case the judgment has been found to be incorrect, then they are authorised to rectify the same (Park, 2012). It is basically bind by the verdicts of courts that are superior to it. The Court of appeal hereby refers to the apex court regulating the civil law practices as well to handle any critical cases that are relatively sophisticated and are directly investigated by the senior juries. It is together bind by the decisions of Supreme Court that is referred to be the higher level court in this section of civil law as well. The sources of laws that are required to be abided by UK based organisations are as specified below:
Common Law- This governs England and Wales with a prime agenda of developing fair system which is same for all where it assimilates all kind of situations as well as conditions that normally takes place in UK based organisations. Also, it ensures that all entities are strictly abiding its defined rules and regulations that are being created for its smooth operational work.
Legislation- This indicates the applicable legislative norms of nations like UK which mainly comprises with several lawful acts and amendments. The central assembly is the parliament of UK and is situated in London with 2 of its classified houses namely House of Lords and House of common (Bently and Sherman, 2014). These houses are responsible to formulate effective laws and regulation and implement the same with assistance of its statutory instruments that depicts the council’s order and are being maintained by the laws.
Human Rights Law- The Human right law defines the act established in the year, 1998 to ensure the incorporation of European conventions with that to the human rights. It is basically to protect the rights of all workers who are employed in a firm.
P2 Government’s role in making law
Government plays a significant role in formulating relevant legislative norms with a constitutional authority. The governmental authorities are mainly concerned about protecting citizen’s rights where the applied statutory norms differ from one nation to another and are aimed at safeguarding the fundamental rights of the people (Sackman and et.al., 2015). There exists several numbers of laws involving the common, civil, statutory as well as religious laws with a broad structure and greater involvement of the governmental parties in it. This however indicates a procedural approach undertaken by the Central government to formulate a law that consists of some below mentioned steps, defining the roles played by them-
- Analysing a problematic case to formulate a law involving 3 main bodies namely, legislative, executive and judicial authority.
- Formulating bill with specified norms to be followed under the formulated law.
- Providing core evidence, depicting discussion on the proposed bill.
- Procedures followed to create law by the government to be abided by the constitution, which involves making any required changes at the committee level (DiMatteo, 2010).
- Amendments done to revise the proposed bill in accordance to the recommendations given by the parliamentary members.
- Representing the bill in 2 different stages that involves reporting reading with a final scope for the government to make relevant changes in it.
- Completing the legal procedure after the bill gets approved by the members of both the houses with the formulation of final bill by the queen to become a statutory law.
- Informing people as a prime responsibility of the government about the formulated law by issuing a gazette announcement in the media or websites
- It is to determine the applicability of statutory and common laws in justice court, a significant difference has been found among both.
- Common laws are meant to solve the cases that have already taken place with judgements given on considering their past decisions (Wild, Wild and Han, 2014).
- Statutory laws are applicable when the case is directly required to be handled by the judges with decisions to be taken at operational level, in writing.
- The nature of common laws is informative with a distinct nature of statutory law which depicts a perception.
a) Employer’s legal obligations
In an organisation, the employers are duly accountable towards adhering to certain legal duties, which are as stated below-
i. Occupational Health and Safety- This is basically to provide a secured work setting to the workers at the workplace. This is basically governed by a regulatory norm of Health and Safety Act, 1974 that is meant to protect worker’s rights with guidelines to be followed for the same (Crane and Matten, 2016). It depicts a prime responsibility of the employers to update the workers about any risky facets at work by together instructing the measures to be taken up for being safe. It together involves yet another enactment of health safety and welfare regulation act, 1992 with a foremost duty of the employers to provide harmless equipment’s to the workers. Any deviated approach causing accidents may lead to strict actions, against the employers.
ii. Worker’s compensation- Fair compensation is stated to be yet another foremost right of the workers where they must be paid in accordance to the minimum wage rate that are decided by the government, separately for skilled, semi-skilled, unskilled and highly skilled employees. This is being governed by Employers liability act 1969, with a provision of paying extra wages or compensation for working over the specified work hours.
iii. Harassment- This is governed by the equality act, 2010 as a law that is specially formulated to protect the women workers from any incident of harassment at the workplace (Fitzgerald and et. al., 2011). This enactment necessitates the employers to equally treat all their workers, despite of considering them on the basis of their gender.
iv. Equal opportunities- It is also being regulated by the equality act, 2010 and considers providing equal opportunity of work to all the workers at similar level. This is basically to avoid any biased practices at work that indicates discrimination among the workers on the basis of their sex, nationality, race and religion, etc. This states that all employees should equally get paid with likely opportunities with decisions taken as on the basis of their capability.
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