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Introduction

In this assignment, the structure of English legal system has been discussed. The English system consists of the private and the public law. The government plays a significant role in the preparation of the law through various stages involved. The effectiveness of the legal system has been changed through the development of the information technology. The various kind of obligation that is performed by the employer has been discussed in relation to the occupational safety and health. The workplace must be providing equal opportunities to the employees irrespective of any of the factor. The employee must be provided with workplace safety before assigning him any of the tasks. The legal solutions have been prescribed for the various business solutions. Justifications for the various kinds of cases have been depicted that states that employee must be aware of his rights. The benefit of the alternative dispute resolution process has been discussed which will save the cost and time of both the parties involved. 

Section 1 – Nature of legal systems

a.) Explain the structure of the English legal system and discuss the different sources of laws that organisations must comply with. (P1)

English legal system is a law which is governed in the England and Wales. This law has no formal codification. There is prevailed both the common law and English law. The English law comprises of two forms of law which include criminal law and civil law. It is based on the principles derived from the common law. Here criminal laws are used to the settlement of matters related to the crimes while civil laws are used to settle matter other than crimes.

The hierarchy used in English legal system comprises of both civil and criminal laws which are mentioned hereunder:-

Civil laws

Civil laws mean the branch of common law which prevails in England and Wales. The law deals with the cases other than the criminal laws. It covers the law which is related to the civil wrongs and quasi-contracts. The hierarchy used in the civil laws comprises of the various courts which are used to provide justice to the public. This hierarchy is mentioned in the level of a bottom to top. It covers Country Court which involves both the circuit and district judges to make judgments. After the Country Court, there is involved High Court which is headed by the 1 or 3 Puisne judges who are involved in the decision making. It consists of divisions such as family division, chancery division, etc. When the individuals are not satisfied with the proceedings of High Court then they move to Court of Appeal which consists of 3 or 5 Lord Justices consisting of civil divisions. Supreme Court is the highest court in the hierarchy adopted which consists of 5 or 7 or 9 judges and headed by the law of Lords (Genn, 2015).

Criminal laws

Criminal laws are those laws which deal with the cases of crimes. It involves the cases related to the threats, safety of individuals, etc. in the economy. The individuals are punished who violates the law. The hierarchy of the criminal courts involves from bottom to top. The Magistrate Court is in a bottom of the hierarchy. After Magistrates there comes Crown Court which is headed by the Judge and Jury. High Court comes after the Crown Court and involves Queen’s Bench divisions. There comes Court of Appeal which deals with the cases which are not settled in the other courts mentioned. Supreme Court is on the top of the hierarchy and is the major court which deals with the major decision making (Bell, 2011). There is mentioned other essential courts consisting of The Privy Council, The European Court of Justice, The European Court of Human Rights which are used in providing justice.

Sources of law

The sources of law cover both historical and contemporary sources. The custom is one which involves both common law and Law of Equity which was now abolished due to Judicature Act 1873-75 and now known as case laws. The contemporary sources of law cover the case laws, legislations consisting of statutes and the European Union laws. International laws are the one who also contributed to law making. There is involvement of religious customs, courts who contribute in the preparation of laws. There is also compliance by the business on various laws such as Employment Rights Act 1996, Equality Act 2010, Factories Act 1961 and many others. (Howe, 2013).

b.) Explain the role of government in law-making and how statutory and common law is applied in the justice courts. (P2)

There is mentioned the role of government in the formulation of laws for efficient working. These are divided into three portions by the Parliament of United Kingdom. These are briefed thereunder:

Executive

Executive is headed by the Prime Minister and Cabinet. The responsibility of these consists of enforcement of such policies which are then converted into laws and legislations. It then is responsible for enforcing these laws in the economy (Vivian, et. al., 2014).

Legislature

It covers the act of Parliament which is mainly responsible for the conversion of policies into laws to the use of the legislative procedure. The legislature consists of further three branches which are mentioned hereunder:-

House of Commons:In this system, there is organized three reading system of the bill. In the first reading, there is involved reading only. In second reading there are raised objections and changes and the bill are passed after implementation. In third reading, there is the final selection with the help of voting and then it passes to House of Lord.

House of Lords: In this, there is the formulation of the same procedure and if there is a need for any variation then it is passed to the House of Commons else bill is passed for voting.

• Royal Assent: The bill here comes after the sanction from other houses and then it is finally approved by the queen. The process of approval is specified in this act. After that, the bill is notified in the Gazette and applied from this date.

Judiciary

Judiciary consist of the Court System whose major formulation is related to the administration of justice. In the UK the judiciary plays a key role in law formulation.

Application of Statutory Law and Common Law

The statutory law means the laws which are formulated by legislature while common law is formulated with customs and legal precedents. The statutory laws are useful in the proper formulation of laws while common laws are used to provide justice (Faulkender, et. al., 2010).  

You will evaluate the effectiveness of the legal system in terms of recent reforms and developments (M1).

The legal system comprises of the process for interpretation and enforcement of laws. There are mentioned various reforms which have led to the development of the English Legal System. These reforms are adopted in order to develop the laws in an economy. The reforms in law cover increment in the fees adopted in court a proceeding which places the restriction on that individual who just files the case to harass the other party and creates a lot of burden on the economy. The other reform that is adopted is generating awareness among the general public which helps in increasing the knowledge of public regarding the procedures followed by the court and which also helps in providing justice to the common people. This also saves them from the exploitation which takes place by the MNC's, employees in the company. It provides improved access to the legal procedures (Russell and Cowley, 2015).

Provide a coherent and critical evaluation of the English legal system and law, with evidence drawn from a range of different relevant examples to support your judgment (D1).

The English legal system is the oldest form of law in which there are limited legislations. Hence there is applied the principles of common law for the settlement of disputes. There is mentioned the hierarchy which helps in the formulation of the decisions of another court when the individual is not satisfied. If this hierarchy is not developed then if individuals are not satisfied they have no option for the settlement of their cases. The reforms adopted are also very useful as they guide general public in getting justice and from saving themselves from the exploitation. The hierarchy is useful in case if there is any wrong decision taken by the subordinate courts.

Section 2 – Impact of the law on business organizations

a) Briefly, explain employers' legal obligations in relation to;

i. Occupational Health and Safety:-

The Occupational Health and Safety act was formulated in 1974 which deals with the safety of the workers employed at various workplaces. The law gives protection to the workers regarding their health measures. This also provides that if the employees are not provided with the adequate safety then the employer will be liable for the compensation which is briefed in Occupiers Liability Act 1984. The non-payment of the liabilities also builds the bad image of the company and can further hamper its growth as no one is interested to work with such company (Taylor and Emir, 2015).

ii. Workers compensation:-

Workers Compensation Act of 1943 is formulated to safeguard the interests of workers at the workplace. This law mandates the employer regarding the payment of compensation to the employee. It is the moral duty of the occupier to provide all the necessities to workers to safeguard their working and if in any case there is occurred any accidents in the premises the liability of such injury is all on the employer and if such is not implemented then legal actions are taken against such company. In case if the employer does not fulfill the obligations then the business is highlighted in the major headlines in the newspapers which impact its growth (Freedland, et. al., 2016).

iii. Harassment:-

Harassment

There are formulated the legislations and acts to deal with the harassment cases. It covers Protection from Harassment Act, 1997. It safeguards the workers from any sought of harassment taking place in their organization. It covers bad behavior, racial harassment, etc. The act gives both civil and criminal remedies to the individual to deal with the cases of harassment.

iv. Equal opportunities:-

There is the formulation of Equal Opportunities Act in 2010 which provides the workers in giving the equal opportunity at the workplace. This act supports the individuals regarding the practices adopted in the organization on the basis of discrimination on various grounds. There are given equal opportunities to the employees to safeguard the company from the legal consequences. Equal opportunities in an organization imply the opportunities offered to the employees, their growth perspectives, etc. If there is discrimination in the case of any employee and it is pointed than the employer is liable to compensate those employees (Hooten, 2015).  

b) Explain how the relevant employment and contract law will have a potential impact on the business in this scenario.

In the given scenario there is the employment of a girl child aged 16 years who injured on the workplace and causes severe injury. The causes of injury are leakage from the ice making machine which put out her hand to break her fall which burns her left hand and forearm. The injury caused to the girl is due to the negligence caused at the workplace as there is the shortage of staff and no one to manage and guide the working among the organization. Here there is an application of Indian Contract Act 1872 which mentions that the employment of the girl is void as she is not a major person. The contract can be entered between the persons who are major. Here the employment laws are applied in the scenario which mentions that the employer is liable to compensate all the injuries caused to the girl as it is the liability of the company to provide all requisite measures for the safety. The Workmen Compensation Act 1943 is also applied which mentions that the girl is liable for the compensation of all the injuries. In case if the employer does not fulfill the regulations this then strict legal remedies are imposed on him. The girl child is also not liable for any contract as the contract is void. There is also applied the Occupiers Liability Act 1984 which makes occupier liable for all the injuries caused to the girl (Collins, 2016).

You will differentiate and analyze the potential impacts of regulations, legislation, and standards with regards the above scenario (M2).

There is a major impact of the legislations, regulations, and standards in the contract of employment as these legislations impose the liability on the employer regarding various consequences that are caused in the workplace. The acts that are applied in the scenario include The Occupiers Liability Act 1984, Workmen Compensation Act, 2010 which imposes strict regulations on the employer regarding the payment of all the injuries and medical expenses of the girl child. The legislations imposed gives protection to the employees regarding the protection of legal rights. In accordance with the above scenario, there are mentioned the act which favors the girl child and made an employer liable for the payment of all the injuries, compensations which are regulated on her due to their negligence. The Factories Act also applies in the scenario which mandates the employer to provide all the safety tools and techniques for the safety. In case if the employer is not complying with the regulations as mentioned in the act then the employer is liable for payment of all the expenses top employees (Freedland, et. al., 2016).

Section 3: Legal solutions to given problems

Suggest appropriate legal solutions for each of the above business problems (P4).

In the first case, Calvin is a trustworthy employee of the firm but one day, when the amount has been found missing by his employer, then without conducting any inquiry she dismissed Calvin. He has been not given any notice for removal from his current post. Further, there is no proof against him that he had stolen £100. Calvin can raise his rights against the wrongful dismissal practices of his employer. He had the option to take any action to an employment tribunal. The services from the employment tribunal would not be considered free and total charges of £1200 need to be paid by winning the person to the loser one. Further, if he doesn’t wish to take any action through the employment tribunal than Calvin can take the action through the grievance handling procedure of the company. He also wishes to take the required assistance from the trade union if he belongs to any one of them (Savery, 2015).

In the second case, the shop of the Den destroyed due to the occurrence of fire. He regularly pays out the premium for the insurance company but at the time of claiming for the shop, the insurance company denies to pay for the amount. The insurance company while filling out the form asked Den if he had any claim in the last two years. He said no and actually made a claim but he doesn’t exactly remember. He does not have any mala Fide intention of deceiving the company. In accordance with this situation, Den has right to move to court and claim the necessary damages from the insurance company as he pays time to time premium to the insurance company. After paying the premium, Den has right to claim for all the damages that have been occurred (Savery, 2015).

Provide justification for your solutions by either referring to a relevant statute or using an appropriate case (P5)

In the case regarding the Calvin, he would avail the rights under the employment right act 1996 which states and govern the provision regarding the unfair dismissal of the employee during the course of employment. As per the part X of the employment right act 1996, it states that an employee will not have any right to be unfairly dismissed by the employer. Under section 95 of it, the employee can be terminated by the employer is the contract of the employment is terminated by the employer or the employee terminates the contract and he is entitled to terminate without prescribing any notice (Resnik, 2014).

The case study of the British Home Stores Ltd v Burchell [1978] that states that employee can be terminated on the grounds of any misconduct done by him during the course of employment. The employment tribunal would need to ensure that proper ACAS has been opted by the employer and termination would be due to the reason of misconduct. As per the result of the case, it has been concluded that employee will be found guilty of that misconduct. The employer has carried out the necessary investigation and find out there are sufficient reasons for proving him guilty.

The action of the tribunal would be considered fair and the employer will carry out the necessary investigation for the same and that would result in unfair dismissal of the employee due to the wrongful act was done by him (Resnik, 2014). Coming to the subsequent case related to the Bartolo Wood Turners Ltd. v. Middle Sea Insurance Plc, then if the insurer would not have any interest in related to the claim that has been made, the insurance company needs to settle the claim. In this case, the insurance company will be liable to pay for the money that has been demanded by the Den.

Positive and negative impacts of legal solutions to the business problems (M3)

There are two aspects of every coin and every business problems have positive and negative impacts of the legal solutions that are prescribed in below format:

Positive aspect:-

The employees will be able to know their right regarding the employment right acts 1996 so that no one would be dismissed in an unfair manner by the employer. Further, they will know what actions can be performed when their rights get violated. People prefer to get insured so that they can claim for the necessary damages in the case of any loss by paying a premium amount (Hann, 2016).

Negative aspect:-

The relationship between the employer and employee will get deteriorated if any case unfair dismissal has occurred. Further, the image of the company will also get affected. In the subsequent case, if any claim is made in regard to the mala Fide intention, then all the rights are within the hand of the insurance company to cancel the contract (Middlemiss and Downie, 2015).  

Critically review and evaluate the use of appropriate legal solutions in comparison with alternative legal advice (D2)

There has been always the other kind of solution remedy that has been available in respect of the given business problems. The employment act will contain the provisions regarding the rights and duties of the employee so that no wrongful act has been done with him that would result in wrongful dismissal. Further, if any employee thinks that something unlawful is happening with him, he can go for the other legal solutions that are alternative disputes redressal system that will save the cost and time of the related parties. The related disputes can be solved with the help of mediation and negotiation (Middlemiss and Downie, 2015). Before granting any amount by the insurance company, it needs to conduct an investigation regarding how the event has occurred and if the damages have occurred to the insured person, then it can also be settled off with the help of alternative disputes redressal system.  

Section 4: Recommending appropriate legal solutions based upon alternative legal advice

a.) Explain the concept and benefits of using Alternative Dispute Resolution process

Alternative dispute includes the method for resolving the disputes without any litigation and involves the method of arbitration, negotiation, and mediation. The process covered under ADR is less costly in compared to other litigation services. The reason people prefer ADR proceedings is because of the reason it allows the parties to understand each other. It assists the parties to come up with innovative solutions. The feature of various types is descriptor in below:

1. Negotiation: It involves resolving the dispute without the interference of the third party. The matter must be resolved by both the parties and generally used in solving the disputes related to family settlement (Kadish, et. al., 2016).

2. Arbitration: under this, a third person known as the arbitrator is appointed with the mutual consent of both the parties. The decision must be given by the arbitrator which needs to bind both the party.

3. Mediation: Under this, the mediator is appointed and he tries to resolve the disputes through mutual consent of both the parties involved in discussions. It is generally opted by the business deal when they don't want to spoil their relationships.

4. Conciliation: In this, conciliator is appointed who will set off the matter by arranging the meetings among them and then come upon the solution as agreed on mutual terms and conditions (Fiadjoe, 2013).

Conclusion

By the above, it has been concluded that English legal system has been established for the purpose of providing justice to the people. Sources of law have been discussed and various laws like employment right act, health and safety act has been developed for the purpose of providing proper safety to the involved person in course of the employment. The provisions of unfair dismissal have been discussed and it has concluded that employee need to be well aware of their rights and no employee must be terminated on unfair dismissal. The provision of alternative dispute resolution process has been discussed that how it would help in attaining at the decision through the mutual consent of both the parties involved. It helps in reducing the stress from appearing in the cost. It keeps the disputes private and produces satisfying results to both the parties involved.  

References

• Bell, M., 2011. Achieving the objectives of the part-time work Directive? Revisiting the part-time worker's regulations. Industrial Law Journal 2011.

• Blake, S., Browne, J. and Sime, S., 2016. A practical approach to alternative dispute resolution. Oxford University Press.

• Bohn, S., Lofstrom, M. and Raphael, S., 2014. Did the 2007 Legal Arizona Workers Act reduce the state's unauthorized immigrant population?. Review of Economics and Statistics, 96(2), pp.258-269.

• Carneiro, D., Novais, P., Andrade, F., Zeleznikow, J. and Neves, J., 2013. Using case-based reasoning and principled negotiation to provide decision support for dispute resolution. Knowledge and Information Systems, 36(3), pp.789-826.

• Collins, J., 2016. Fraud by Abuse of Position and Unlicensed Gangmasters. The Modern Law Review, pp. 354-363.

• Faulkender, M., Kadyrzhanova, D., Prabhala, N. and Senbet, L., 2010. Executive compensation: An overview of research on corporate practices and proposed reforms. Journal of Applied Corporate Finance, 22(1), pp.107-118.

• Fiadjoe, A., 2013. Alternative dispute resolution: a developing world perspective. Routledge.

• Freedland, M., Bogg, A., Cabrelli, D., Collins, H., Countouris, N., Davies, A.C.L., Deakin, S., and Prassl, J. eds., 2016. The contract of employment. Oxford University Press.

• Genn, H., 2015. Common law reasoning and institutions. University of London International Programmes.

• Hann, M., 2016. Introduction. In Egalitarian Rights Recognition (pp. 1-15). Palgrave Macmillan UK.

• Hooten, V., 2015. This a (Wo)Man’s World: Reforming. UK Equal Pay. University of Manchester School of Law.

• Howe, J., 2013. Poles Apart? The Contestation between the Ideas of No Fault Dismissal and Unfair Dismissal for Protecting Job Security. Industrial Law Journal, pp. 122-151.

• Kadish, S.H., Schulhofer, S.J. and Barkow, R.E., 2016. Criminal law and its processes: cases and materials. Wolters Kluwer Law & Business.

• Middlemiss, S. and Downie, M., 2015. Employment Law in Scotland. Bloomsbury Publishing.

• Moore, C.W., 2014. The mediation process: Practical strategies for resolving conflict. John Wiley & Sons.

• Resnik, J., 2014. Diffusing Disputes: The Public in the Private of Arbitration, the Private in Courts, and the Erasure of Rights. Yale LJ, 124, p.2804.

• Russell, M., and Cowley, P., 2015. The Policy Power of the Westminster Parliament: The “Parliamentary State” and the Empirical Evidence. Governance: An International Journal of Policy, Administration, and the Institutions, vol. 29, no. 1.

• Savery, J.R., 2015. Overview of problem-based learning: Definitions and distinctions. Essential readings in problem-based learning: Exploring and extending the legacy of Howard S. Barrows, 9, pp.5-15.

• Taylor, S., and Emir, A., 2015. Employment law: an introduction. Oxford University Press, USA.

• Vivian Amasiatu, C., and Hussain Shah, M., 2014. First party fraud: A review of the forms and motives of fraudulent consumer behaviours in e-tailing. International Journal of Retail & Distribution Management, pp.805-817.

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