Business Law: Classification, Sources, and UK Law Making Process

This report provides an overview of business law, including the classification of laws and their respective legal systems, sources of law, and the UK law making process. It also discusses the statutory duties of employers towards employees and wrongful and unfair dismissal actions.

Business Law (template)

TABLE OF CONTENTS
INTRODUCTION ..........................................................................................................................3
MAIN BODY...................................................................................................................................3
Classifications of Law..................................................................................................................3
Sources of Law............................................................................................................................5
UK law making process: Employment law.................................................................................7
CONCLUSION................................................................................................................................9
REFERENCES..............................................................................................................................10
INTRODUCTION

Business laws refers to the corporate and commercial laws that consist of the body of law
which includes rights, relations and conduct the business in better way. This report will outline
the definition of laws with their respective legal systems. Further this report will put focus on the
civil and criminal laws. The current report will also outline the role of court that will include
high court and supreme court. In another part it will include the source of law by defining case
laws, process of legislation and meaning of delegation legislation. At last this report will also
outline the statutory duties of employer to their employees and wrongful dismissal and unfair
dismissal actions.
MAIN BODY
Part 1
Classifications of Law
Defining laws and identifying respective legal systems in UK
Law is defined as the system of rules in the particular country of community that used to
recognize the actions and enforce by imposing the penalties. This is made by the authority and
must be followed by the person living in UK (Pezdek and Reisberg, 2022). This is considered as
one of the important task and if not followed that citizens may faces punishments.
The UK has three legal systems that one each for the England and Wales, Scotland and
Northern Ireland. This used to reflect the historical origins and both Scotland and Ireland and
further Northern Ireland. This used to retained their own legal systems and traditions under the
following act that is Act of Union 1707 and 1400.
Explaining types of classification in English Legal System
Civil law:
Civil law helps to find a good distinction among the primary and secondary sources in the
country. It is very crucial to maintain the legal obligations and responsibilities as civil law
includes the matters that are related to the offence against the society. This law helps to deal with
such cases which is the wrong doing done by the individuals. It basically used to include the
negligence and breach of contract done by the party. This is usually the country's law which is
concerned with the private conflicts and disputes of the citizens (Lewthwaite and James, 2020).
Moreover, it contains defamation, breaching, damage, property damage, breach of contract, etc.
Criminal Law:

Criminal law defined as the body of law that is related with the crime. The crime is
basically done by the individual or the group of people. The criminal laws consist of theft,
assault, murder, etc. and it not possible for the people to resolve the conflict and the disputes if
they have done any criminal offence. The crime used to include threatening, harmful and
endangering of the citizens. For this the punishment is given to the person who used to misuse
such laws (Piterschi, 2021). The citizen is punished by the imprisonment or death or it can be
both. Further it is also referred as the body of law that are the criminal offences and have trial to
the suspected person.
Role of courts in English Legal system
High court
High court is the third highest court in UK which deals in civil cases and appeals of
decisions made by lower courts. The high court cases are heard by single judge but in certain
situations such as criminal cases and judicial review cases the cases are assigned to divisional
court which is a bench of two or more judges. High court is bound by decision of all courts that
are higher than it (i.e. court of justice of European Union, Supreme court and court of appeal).
There are three divisions which together make up high court:
Queen's Bench Division
The QBD remits in contract and tort cases and other specialist matters such as application
for judicial review and for hearing important criminal cases in crown court, they also sit for
employment appeals tribunal (Wilson and et.al., 2020). QBD court includes commercial court,
technology and construction court, mercantile court, admiralty court, administrative court and
planning court. The cases deal by commercial court are complex cases that arise due to national
and international disputes. The technology and construction court deals with all types of
construction, engineering and technology disputes of UK. Mercantile court deals with
commercial disputes related to business and Admiralty court deals with shipping and maritime
disputes. Administration and planning courts has both civil and criminal jurisdiction.
Chancery Division
Chancery division deals with variety of civil work which includes specialist work i.e.
companies, patents and contentious probate. The Chancery division includes bankruptcy and
companies court, patent court and intellectual property enterprise court. Bankruptcy court deals

with individual insolvency whereas companies court deals in companies insolvency. The patent,
registered design and plant varieties like complex cases are deal in patent court. Intellectual
property disputes are heard in intellectual property enterprise court.
Family Division
The family court deals with cases related to children and ward ship. It also hears cases
such as divorce, probate and medical treatment.
Supreme court
The supreme court is the final court of appeal which plays a vital role in developing UK
law. As Supreme court deals in appeal cases it can not consider a case unless lower court has
made relevant order. The court hears appeal cases related to both criminal and civil cases from
England, Wales and Northern Ireland (Partington, 2021). The appeal cases heard are on arguable
points that are important for public. Cases on which Supreme court concentrates are important
for public and constitution which can effect whole population. The Supreme court is the leader in
common law world is required to maintain and develop the role of highest court. Following are
the courts from whom Supreme court hears appeals:
England and Wales:
 Civil division, Court of appeal
 Criminal division, court of appeal High court (in some cases)
Scotland: The court of session
Northern Ireland:
 Court of appeal in Northern Ireland
 High court (in some cases)
Part 2
Sources of Law
Case Law as source of law
Case laws are the judgements passed by judges of court on any particular case. It is the
primary source of law that forms doctrine of precedent in English Legal system. The decisions
made by court are reported in publications which is known as Law report. The reported decisions
of court form a binding source for future judgements i.e. judges are required to make decisions

after considering case laws or judgements made by previous judges (Joshi, 2020). The
judgements of court are reported in several law reports and while citing law report in court, the
most authoritative version of law report is to be cited. Hierarchy of law report are: Law report: Incorporated council of Law report publishes appeal cases, Queen Bench,
Chancery and family cases judgements. The judgement recorded in Law report are
checked by judges and arguments related to judgement recorded are also included. Weekly law report: The judgements are published in this series more quickly than in Law
report. The judgements published in this series are republished in Law report after the
checking of judgements by judges and additional material such as arguments by council
are also included in Law report. England Law report: General series of Law reports are published in this series of report
by Lexis Butterworths. Other major legal reference works are provided with cross-
references which includes Halsbury's Law and Halsbury's statutes.
Process of making legislation
Parliament of UK is the highest legislative authority who checks work of UK
Government. The House of commons and House of Lords together form Parliament. The
members in House of commons are MP who are elected by public to represent in Parliament.
House of Lords are appointed by government for making laws (Process of making legislation,
2022). The stages of making legislation are: Bill: It is a draft made by government which contains detail of proposed law. It is of three
types: public bill, private bill and private member bill. First reading: In this stage the title and detail of bill is being read to House of commons. Second reading: The detail contained in the bill is debated and amended in this stage and
voting is conducted for making decision whether to pass bill or not. At committee stage
bill is referred to House of commons for further debate and a report is generated. Third reading: Bill is again represented in House of commons for short debate and voting
to take decision whether to accept or reject the bill. House of Lords: The bill is sent to House of Lords after passing above stages. In this
stage bill is being debated and amendments are made and bill is again sent to House of
commons for considering the amendments.

 Royal Ascent: When bill is being discussed and accepted by both houses the bill is being
approved by monarch and bill become Act of Parliament.
Delegated Legislation
Delegated legislation are known as secondary legislation which are not made by
Parliament of UK but enacted by Government of UK under the power given by Act of
Parliament to them (Mohanty, Sharma and Chopra, 2020). The three main forms of delegation
legislation are statutory instruments which are made by Government ministers, Bye-laws which
are made by local authorities, public and nationalized bodies and Order in council which are
made by Queens and Privy councils (Kozhevnikov, 2022). It is the fastest way of making laws
and saves Parliament time and Parliament may not have required knowledge on particular area or
issue. Example of delegation legislation is smoking ban on London which was passed by local
authority which is a form of Bye-laws. Example of statutory instrument is the ministry of
transport is given rights to deal with necessary road traffic regulations.
Part: 3
UK law making process: Employment law
Statutory duties of employers to their employees
Employment law outlines the duties and obligations of employers or business towards
their employees. The act is imposed to protect the rights of employees at workplace.
Employment law is vast concept which covers various areas which are involved in employment
relationship.
Health & safety responsibilities of employer:
 Employer is responsible to conduct risk assessment in workplace to identify risk and
mitigate them.
 Employer is required to control risk of injury and health that may arise at workplace.
 Provide information to its employees regarding the risk identified. Instructing and training employees to protect them from these risks.
Responsibilities of employers regarding discrimination:
Employer is required to encourage employees to work in a friendly environment and
should not discriminate employees on the basis of gender, disability, race, religion, etc. (Larsen

and Di Stasio, 2021). The Equality Act is imposed by government to protect employees from
discrimination made by employers at workplace.
Pay and benefits- employer responsibilities:
 Employer is required to pay employees minimum wage that is mentioned in national
minimum wage act. Provide employees with itemized payslip which contain breakdown of salary.
Data protection: It is statutory duty of employer to protect information related to employees and
is also required to take consent from employees for storing data of employees.
Employment contract: It is responsibility of employer to make contract with employees
regarding their roles and responsibilities in organization and employees have right to have a copy
of employment contract.
Wrongful dismissal and Unfair dismissal actions
Wrongful dismissal refers to dismissal of employees in respect to breach of employee's
contract. Different type of breach of contract are:
 Breach of notice term
 Termination of fixed term before it expires
 Breach of contractual disciplinary
Unfair dismissal refers to action where rules regarding dismissal of employees are not followed
for dismissing employee. It is necessary for employer to give a valid reason for dismissal of
employee and if employer is not able to furnish any valid reason then it is unfair dismissal.
Employees who want to claim for unfair dismissal is required to have two years continuous
service with employer (Ling and Dhillon, 2018). The difference between wrongful dismissal and
unfair dismissal is that wrongful dismissal is breach of contract law whereas unfair dismissal is a
right that an employee is entitled for regardless what is stated in contract i.e. it is a breach of
statutory right. The kind of issues that are unfair dismissal are:
 Requesting for maternity or paternity leave
 Raising health & safety issues
 Asserting legal rights such as asking for payment according to national minimum wage
act
 Being a part of trade union

CONCLUSION
The report had highlighted classification and definition of law along with their respective
legal system. It had also included role of courts in English legal system. The second part of
report was about different source of law which included definition of case law, process of
making legislation and definition of delegation legislation. The final part of report highlighted
statutory duties of employer towards employees and wrongful and unfair dismissal actions.

REFERENCES
Books and Journals
Joshi, M. D., 2020. The use of country guidance case law in refugee recognition outside the UK.
Forced Migration Review. (65). pp.32-32.
Kozhevnikov, V. V., 2022. About Delegated Legislation. SIASAT. 7(2). pp.82-98.
Larsen, E. N. and Di Stasio, V., 2021. Pakistani in the UK and Norway: different contexts,
similar disadvantage. Results from a comparative field experiment on hiring
discrimination. Journal of ethnic and migration studies. 47(6). pp.1201-1221.
Lewthwaite, S. and James, A., 2020. Accessible at last?: what do new European digital
accessibility laws mean for disabled people in the UK?. Disability & Society. 35(8).
pp.1360-1365.
Ling, L. S. and Dhillon, G., 2018. Managing Employment Dismissals in Malaysia and England–
A Legal Guide. Jurnal Pengurusan. 52. pp.103-110.
Mohanty, A., Sharma, V. and Chopra, A., 2020. Effectiveness of Parliamentary Control over
Delegated Legislation. Issue 5 Int'l JL Mgmt. & Human. 3. p.1181.
Partington, M., 2021. Introduction to the English legal system. Oxford University Press.
Pezdek, K. and Reisberg, D., 2022. Psychological myths about evidence in the legal system:
How should researchers respond?. Journal of Applied Research in Memory and
Cognition. 11(2). p.143.
Piterschi, E., 2021. Dislocation of Criminal Liability for Offenses of Falsification of Evidence in
the Criminal Laws of Other States. Rev. Universul Juridic. p.137.
Wilson, S. and et.al., 2020. English legal system. Oxford University Press.
Online
Process of making legislation, 2022. [Online]. Available through:
<https://www.parliament.uk/business/lords/work-of-the-house-of-lords/making-laws/
#:~:text=Bills%20can%20start%20in%20either,Act%20of%20Parliament%20(law).>