D1 Unit 7 Assignment

Sunday, November 7, 2021 7:24:37 AM

D1 Unit 7 Assignment



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The constitution of UK does not allow the division of powers, even though there is hierarchy in the system. The English legal system is not rigid, therefore certain reforms have been made in the past, for example the creation of fast-track courts and family courts for resolving minor issues. In this report, the English legal system had been discussed thoroughly and its impacts on businesses were also assessed. In the first section, the law-making process had been discussed and structure of the judicial system was talked about. On moving further, different laws that are essential for business organization were elucidated along with some case studies.

Later on, the importance of legal system in resolving business problems had been explained with some examples. To end this report, a comparison between the legal solutions and alternatives legal advice is done and importance of these two options in different scenarios had been explained. Workerscompensation is a reimbursement provided by the employer to those employees who incurred certain injuries while working on the site. The obligations includes Equality Act , obligates the employer to give similar or equal opportunities to the workers irrespective of their caste, race, religion, gender, age, origin, or disability.

In case of disabled person, the employer are required to make some adjustments to jobs which place disabled worker at a lower place compared to non-disabled people. Employment law and contract law talks about all the obligations and rights that are within the employer-employee relationship. It is very complex relationship and involves various legal issues, such as wrongful discrimination, termination, employment rights and laws, workplace safety. And, almost all of these are governed by federal laws HSL, In the above scenario, the two laws- Occupational Health and Safety Act, and Workers Compensation Act played a crucial role together to provide a justified compensation to the girl.

Every employee has some basic rights in the work place. Differentiating the two is a bit perplexing, still a brief of the two is given below:. It is one of the crucial part of legislation that covers occupation health and safety in the UK. This act defines various duties of contractors, employers, and employees. It also defines the substances to be used at work, set safety guidelines at work premises. A Health and Safety Commission is established for the regulations and enforcement of this law. This law is applicable to every employer and employee working in British Columbia excluding those who are living cross the border.

Case 1- As given in the case study that Calvin had offered his services to Donna for more than 4 years, therefore he has right to 4 weeks prior notice before his employer terminates his contract under the section 86 of Employment Right Acts The section 94 empowers the employees against the unfair dismissal Barak, Calvin can file a suit at an employment tribunal claiming that his rights have been breached.

He can seek compensation for the challenges he had faced. Case 2- According to the Limitation Act , insurance company can deny the repayment of insurance claim on same property that got damage in last 2 years Robsonand McCartan, And Dan had already got the payment for his earlier store. But, the new store for which he is seeking claim has a new contract and has nothing to do with the old store and its insurance contract. So his demand for insurance claim is legit and judicially right.

The insurance company is trying to combine the two mutually exclusive contracts in order to find a way out of paying the claim amount to Dan. P5 - Provide justifications for your solutions by either referring to a relevant statute or using an appropriate case. Here, Mrs. B was working for a firm since last 3 years and got dismissed by the employer stating her gross misconduct to be the main reason for her dismissal. By gross behavior, her employer meant the following actions:. After looking into this case, her Employment Solicitors claimed that the dismissal was unfair and they seek the intervention of Employment Tribunal. The employer failed in all the test and Employment Tribunal felt the dismissal to be outside the reasonable actions.

The Tribunal ordered the employer to offer a settlement and Mrs. B received a financial compensation. M3- You will assess the positive and negative impacts of legal solutions to the business problems. Challenges are more often in businesses and sometimes they create a negative image of an organization on a global stage that further leads to a loss to revenue or customer base. Even the top organizations, such as Google, Facebook, etc. Legal solutions to business is important to solve critical situation efficiently and effectively in the minimal time and help in the preservation of crucial business relations.

The skilled counsel is considered to be one of the essential asset of an organization to face such challenges. Legal solutions have served as a helping hand for almost all the high-performing businesses and resolve business issues. Legal solutions can also have a negative impact on an organization as they sometimes lead the organization in some irrelevant suit battles that dent the image of the organization and waste funds of the firm. Many a time, organizations have formed certain regulatory measures suggested by their counsel that later on affects the rights of employees and smooth functioning of the organizational operations.

Moreover, if an enterprise is fighting a law suit and if it lose that case, then it sends a negative message to the rest of the world and affects the goodwill of the firm. D2- You will critically review and evaluate the use of appropriate legal solutions in comparison with alternative legal advice. In this section, a comparison between the appropriate legal solutions and alternative legal advice, such as ADR, negotiation, settlement conferences, collaborative family law, etc.

Legal proceedings in court may take time to reach to a solutions sometimes decades and it is usually not good option from the cost-effectiveness point. While ADR provides both the party an opportunity to sit together and find a way out of a problem with an external neutral third party. Organization nowadays, seek ADR as a major instrument which provides fast and less expensive solutions. ADR assists the parties to find a flexible and creative option that safeguards the benefits of both the parties.

ADR provides access to justice to those people who cannot afford to fight a suit in the court due to financial problems. Also, it keeps the disputes private, unlike the court proceedings where everything is on public record. For cases that involve public interest, legal solutions is the better option than ADR. In addition to this, cases where some binding agreements have to be made, legal solutions can serve the purpose. In this process, the disputes are settled without the court proceedings, usually through arbitration, negotiation or mediation.

It is the cost-effective solution that is often more expeditious Leeand Cheung, Issues, such as divorce, labor disputes, and insurance claims can easily be resolved using ADR. The procedures involve in ADR are usually collaborative and bring parties on a common solutions that satisfy both the parties and safeguard their interest. The major advantages of ADR include: Speedy process and cost-effective. Start selling today and earn cash tomorrow! Take a look at the most popular books, courses and study documents for "". Search for the best summaries. Do you write study notes yourself?

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