Business Law: Classification, Sources, and Employment Law in UK
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This report discusses the different classifications of laws in UK, its legal system, and the role of courts. It also covers various sources of law, the process of making legislation, and delegated legislation. Additionally, it explains the legal duties of employers and wrongful and unfair dismissal under employment law in UK.
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BUSINESS LAW
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Table of Contents INTRODUCTION..........................................................................................................................3 MAIN BODY..................................................................................................................................3 CLASSIFICATION OF LAW....................................................................................................3 Definition and identification of laws...........................................................................................3 Forms of Laws in United Kingdom.............................................................................................4 1. Civil law...................................................................................................................................4 2. Criminal law.............................................................................................................................4 Role of courts in UK...................................................................................................................4 High Court(HC)...........................................................................................................................4 Supreme Court.............................................................................................................................5 Various Sources of Law.............................................................................................................5 Case Law as a source of law.......................................................................................................5 Process of making legislation.....................................................................................................5 Meaning and example of Delegated Legislation.........................................................................6 Law making process of United Kingdom under Employment law.............................................7 Legal duties of Employer............................................................................................................7 Wrongful and unfair dismissal under employment law...............................................................7 CONCLUSION...............................................................................................................................8 REFERENCES...............................................................................................................................1
INTRODUCTION The rules and regulations that are related to the enterprise and commercial activities are known as business law. It involves all the policies that govern how to start manage and run the business. Business laws play a very vital role in regulating the business activities in a country(Adams2012).Ithelpstohandlethevariouscompensationissuesinthe organisation and also helps in safeguarding the rights of the shareholders. The employment law is established to protect the rights of the employees and also specifies the various duties of employer and employees (Аkramov, et.al, 2020). The report includes the different classifications of laws in UK, Its legal system highlighting the functions of High Court and Supreme Court and the report also gives the detailed description of various sources of law, process of making legislation, examples and meaning of secondary legislation, statutory duties of employer and unfair dismissal of the employees at workplace under Employment Law of United Kingdom. MAIN BODY CLASSIFICATION OF LAW Definition and identification of laws Laws is defined as the set are the set of rules and policies enacted by the government of the country and for the protection of the rights of the citizens. These rules are binding on the people of the country, and they are bound to follow the regulations of the country (Slapper and Kelly 2013). These laws help in resolving the disputes that can arise at workplace and also binds the employer and employee to follow the duties and responsibilities assign under the act. The rules of the law of UK is based upon the case law which adapts to the changing needsand requirements of the society. The common law legal system isdefined as the collection of the legislation and is based on the precedents (LeBaron, et.al, 2019). These laws are framed by passing the regulation by the authorities that is headed by the ‘Head of state’ House of Commons and House of Lords. The House of Commons is directly elected by the people and the Prime Minister is the member of the House.
Forms of Laws in United Kingdom 1. Civil law Civil law is the system that is commonly used to support the legal systems of various European countries and is based on the written codes and laws that is it is a codified law. Civil law is the considered as the primary source of law. It is very different from the criminal law and is related to the rights and properties of people and organization (Farmer, 2020). It settles the disputes between the individual and organization for which compensation is awarded.Some examples of civil laws which isfamily conflicts such as divorce, personal injury, breach of contract and employment act. 2. Criminal law Criminal law related to the activities which negatively impacts the person or property. Under the criminal law if any personbreaches the provisions of the law or has conducted does any act which violates the law subjects to criminal proceedingswhich is usually bought by the prosecutionand is heard by the Court of justice or the Central criminal Court (Pihlajamäki, 2021).The outcome in the criminal law is either conviction or punishment who has committed the crime. Role of courts in UK High Court(HC) The HChearsthe disputes and appeals of the judgment from the lower tribunal.The Royal Courts of justice is situated in London.The lawsuit which come before the court of justice authorities are heard bysingle judge. The tribunal is bound to followthe principles of the precedents and its judgments is also based on the case laws. Any appeal which is made from the orders of the tribunal is first bought in the Court of Appeal and then to the Apex Court (Leyland, 2021). The tribunal hears the most serious cases and complex civil and family cases The HC is further categorized into three major divisions- Queen’s Bench Appeal, Chancery and family division. Each court has its ‘Head’ The courts of the Queen Bench Divisionis divided into variouscourtssuch asCommercial, Technology,construction,Mercantile,Admiralty, Administrative and planning court. The Queen’s Bench is the biggest of all the divisions . The courts of Chancery Division Court includes Bankruptcy and companies, Patents and Intellectual Property Enterprise court.
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Supreme Court The Supreme Court was established in 2009 with the motive to accomplish absolute change between United Kingdom senior judges and Upper House of the Parliament. Supreme Court is considered as an apex court as the judgment of the SC is binding on all the parties. The appeal from the decisions ofHigh Court finally goes toSupreme Court and the judgment is last and binding on all the parties to disagreement. It is considered as final court of appeal and plays a very important role in the development of the United Kingdom Law. It never listens to the cases unless any relevant order is made by the lower court (Hanretty,2020). Supreme Court is the final court of appeal for the civil as well as the criminal cases from England, Wales and Northern Ireland.Supreme Court considers the appeals related to thecases based on the public importance in United Kingdom. Cases in the Apex Court are heard by five, seven or nine of the twelve justice of the court each has its own opinion and the decision is made by majority. Various Sources of Law Case Law as a source of law Laws can be classified as the rules and regulations that govern the behaviour of an individual in the society. Sources of laws can be classified into primary and secondary sources. Case law is on ofthe primary source of law that forms the belief of case law under the lawful system. It is based on the past principles of law that are based on the past decision. Judgments passed in the important cases were recorded and became the source of law of the present cases related to the same subject matter (Elliott, et.al, 2018). It acts as guide for the judges related to the cases of same subject matter. It simply means that the courts follows and apply the principles which were declared in the previous cases that were decided by senior judges. Process of making legislation Bills can commence from any two houses that are the House of Lords and Commons. The legal document goes through various phase: First reading:First stage relates to the title of the bill and it arrives in the Lords and is considered as the formality stage where name of the legal document is read in chamber. Second reading:The detail on bill is discussed as well as amended in this stage. The members discussed the areas where any specific change in to be done (Gordon,2018). There is no vote at this stage.
Committee stage:The detailed examination of the bill is done. The members start from the beginning and examine till the end. Voting is taken place to determine the modification that have to be made in the bill. Report stage:The administrative unit reports the debate and the changes aresentback to the House of Lords and the official document is further discussed and voted upon by the house. Third reading: The bill is portrayed in the House and short discussions be done regarding any changes to be made or not. Consideration of Amendments: If the Lords have made the alteration to the draft legal document then it is sent to the Houses to agree about the respective changes made in the bill. It is on the discretion of the Commons either to accept, reject or make their own changes. Any changes made are sent back to the House of Lords. Royal Assent: When both Houses agree regarding the changes made, the bill is sanctioned and becomes law. Meaning and example of Delegated Legislation When the government gives the ministers the authority to make laws this is known as Delegated legislation. Acts of Parliaments often confer their powers in the hands of the ministers and gives the authority to make laws. It is also known as the secondary delegation. Delegated legislation is the procedure where the governing bodyis given the authorityto make own laws by the primary legislation. This process enables the authorities to make laws without any wait for the new act of parliament to be passed. It reduces the unnecessary burden on the legislatures and gives the executive the authority to make the laws as it helps the legislature to concentrate more on the important matters.It also helps the person to make laws who have efficient knowledge andexperience(Craig,2019).Delegatedlegislationalsoplaysanimportantroleinthe emergency situation where it becomes necessary to take necessary steps to resolve particular situation. The House of Lords has framed two administrative unit which keeps an eye on the delegated legislation that is Delegated Powers and Regulatory Reform Committee and Merits of Statutory Instruments Committee. Rules, regulations and bylaws areexamples of delegated legislation.
Law making process of United Kingdom under Employment law Legal duties of Employer Under the Employment Law both employer and employee have duties and responsibilities towards each other in the course of employment. The employer should ensure that the business follows all the rules and regulation which is mentioned under the employment law. Employers have the responsibility for the health and safety of the employees at workplace and any visitor who comes to their premises. The statutory duties include: The employees should be made national minimum wages as mentioned under the contract of the employment. The company should provide payslip on which detailed information about the wages should be specified (Giliker, 2018). It is the core duty of the employer to provide safe and clean working environment by providing safety equipment’s for those working at hazardous places. The organisation should offer the employees a resting period of at least 20 minutes if they are working for more than six hours a day. The leader should conduct the risk assessments in order to examine all the risk at work place and take measures to control or reduce the risk or provide necessary training to the employees working at risky areas. It is the duty and responsibility of the employer to pay equal amount of wage to all the employees according to their work and never discriminate on the basis of gender. Wrongful and unfair dismissal under employment law Wrongful dismissal:The term wrongful dismissal refers to breach of written agreement of employment by the employer. It is also called wrongful termination or wrongful discharge (Ezeabaogu, Chukwu and Aguwamba, 2019).In case of wrongful dismissal the employee can go to the employment court within three months from the date of expiration of employment. The claim for the wrongful dismissal cannot exceed£25,000 to an employment tribunal. Unfairdismissal:Unfairdismissaloccurswhentheemployerendsthedeclarationof employment. The claim related to the unfair dismissal can be done by employee if the employer has a fair reason to dismiss.
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CONCLUSION As per the study it can be summarizedthat laws are very important for protection and safeguarding the rights of the person living in the society. The legal system of United Kingdom is based on the common law. These rules and regulations are binding on all the citizens of the country. Under the employment law, various duties of the employer is discussed which states that employer is responsible for the health and safety of their employees working at their premises. It is the obligation of the employer to insure that the rules and regulations of the business if followed. The employer should also make sure that the employer is paid national minimum wages and also provided with equal pay and no discrimination should be done within the premises.
REFERENCES Books and journals Adams A. 2012 Law for Business Students. 7th.ed. Harlow Pearson Education Ltd Craig, P., 2019. Brexit and the UK Constitution.The Changing Constitution, p.95. Elliott,et.al,2018.TheUKConstitutionAfterMiller:BrexitandBeyond.Bloomsbury Publishing. Farmer, L., 2020. Civil order, markets, and the intelligibility of the criminal law.University of Toronto Law Journal,70(supplement 1), pp.123-140. Gordon, M., 2018. UK Parliamentary Sovereignty in an Age of Constitutional Flux: Challenge, Centrality and Complacency.UK Parliamentary Sovereignty in an Age of Constitutional Flux-Challenge, Centrality and Complacency'(Parts 1 & 2)(T Kuramochi trans.), Nanzan Law Review,42(2), pp.137-168. Hanretty, C., 2020.A court of specialists: Judicial behavior on the UK Supreme Court. Oxford University Press, USA. LeBaron, et.al, 2019. The domestic politics of corporate accountability legislation: struggles over the 2015 UK Modern Slavery Act.Socio-Economic Review.17(3). pp.709-743. Leyland, P., 2021.The constitution of the United Kingdom: A contextual analysis. Bloomsbury Publishing. Pihlajamäki, H., 2021. The limits of positivism: Finnish criminal law scholarship and the European context at the turn of the twentieth century. InThe Limits of Criminological Positivism(pp. 116-134). Routledge. Slapper G and Kelly D 2013 The English Legal System. 14th. ed. London Routledge Аkramov,et.al,2020. Foreignexperiencerelatedto the legislationandpracticeof trust management of property in business activities.Збірник наукових праць ΛΌГOΣ, pp.12- 14. Giliker,P.,2018.ComparativeLawandLegalCulture:PlacingVicariousLiabilityin Comparative Perspective.The Chinese Journal of Comparative Law.6(2). pp.265-293. Ezeabaogu, A.N., Chukwu, B.A. and Aguwamba, S.M., 2019. The Effect of Wrongful Dismissal on Organisational Performance.Journal of Management and Economic Studies.1(4). pp.42-54. 1