Business Law Individual Report for BSc (Hons) Business Management - BMP4002 Assessment 1

This report covers the classifications of law, source of law, and UK law making process in relation to employment law. It defines laws and identifies the respective legal systems in the UK, explains the role of the High Court and Supreme Court, and discusses case law and the process of making legislation. It also covers the statutory duties of employers to their employees and wrongful and unfair dismissal actions.

BSc (Hons) Business Management
BMP4002 Business Law
Assessment 1
Legal System for Business
Law
Submitted by:
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Contents
1

Introduction 2
Part 1: Classifications of Law 3-4
Define laws and identify the respective legal systems in the UK
3
Explanation with examples the following as means of classification
of laws in the English Legal system 3-4
a) Civil Law 3
b) Criminal Law 4
Explanation of the role of the following Courts in the English Legal
system 4-5
a) High Court 4
b) Supreme Court 5
Part 2: Source of law 5-6
Explanation of Case Law as a source of laws 5
Explanation of the process of making Legislation 5
The meaning and examples of Delegated Legislation 6
Part 3: UK law making process: Employment Law 6-7
Statutory Duties of Employers to their employees 7
Wrongful Dismissal and Unfair Dismissal Actions
Conclusion 7
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Introduction
Legal system is the most important area in the law it promotes and manage all the
principles and the management through which the applicability of rules can be managed and
assigned. Law is the most important principle which bh3elps in managing the command and
also in implementing the rules through which all the binding of the common rules and the
actions are being undertaken. Their is being seen that the legal system in UK provides the
major rules and the principles through which the goals and the objectives are framed and the
public importance can be analyzed. UK constitution comprised of partly codified and partly
written in which all the norm,s and the rules are being made through statutory and common
law (Spieker, 2019). In this report their will; be covered different sources of law along with
the classification of law as in supreme court and the high court. Further it will also provide
the process and the statutory obligation in employment law through which all the rights and
the duties of the employees are being protected.
Part 1: Classifications of Law
Define laws and identify the respective legal systems in the UK
Law protects the society and try to manage all the abiding principles through which
all the nature and the values are being concerned. Their are two types of laws which are
Statutory and common law in which the statutory are mainly the legislation which are made
by the supreme law making authority which is Parliament . And the common law are
generally the judges made law implied to be reflected through the judgments given by the
courts. It is mainly the command which is being deviated by the higher authorities through
which all the rules and the regulations are being imposed and this also manages to make
certain rules through which the norms are being managed. Law is framed by the superior
authority which tries to mange and incorporates all the vary nature and the work through
which ball the principles are being assigned. UK legal system manages all the laws with the
help of royal assent and the monarch and the common law which is mainly the judge made
law (Armaly, 2018). This is generally the judicial precedents that are being considered under
it and helps in making the rules for the public importance and work. House of commons and
the House of Lords are the important areas through which all the rules are being made and
abides. Where the house of common frames and im0plementb all the law making procedures
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whereas the House of lords complies with all the rules and the obligations through which the
investigation and all further proceedings are managed.
Explanation with examples the following as means of classification
of laws in the English Legal system
a) Civil Law: It is an important source of law which helps in protecting the rights and the
duties of all the individuals for the property. It helps in managing all the rules and the
protection of the property rights. The major aim is in regard to all the individuals who mainly
implies to carry the legislation and their principles. The major proceeding which are being
taken in the civil court are considered as under the county court , high court and the supreme
court. All the claims that are being made under this are generally by the defendant. Some of
the remedies that are being given under the civil law are like injunction, damages, specific
performance of contract. All the defendant and the other members who are being affected by
the laws and the principles are carried under it (McGaughey, 2019).
b) Criminal Law: It involves all the protection of rights of the person on all the
boundaries and their nature regarding the law and the general nature. As in UK it implies and
manages all the varied work through which the effective management and their general terms
are carried by, criminal law deals with all the heinous crimes that are effecting the society.
This mainly involves all the laws and the nature through which the court manages to protect
the law and the crimes. The punishments which are been drawn in all the criminal law are
like imprisonment, death penalty, fines and many more. Their is been taken that the elements
which are covered under crime is like the The court which deals with all the criminal law
matters are like Crown court, Magistrate court, Queens Bench etc(Carruthers, 2021).
Explanation of the role of the following Courts in the English Legal
system
In UK there is been seen that the court use to play an important role in order to
manage and maintain there systematic working and the abiding of the laws through which the
justice is been given there is analyzed that their consist of several courts through which
classifies according to the criminal and the civil law all the Magistrate court, county court
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manages all the civil cases on lower division, Family court implies to have the disputes in the
family deals with the lowers division of judgments. Their is been given the employment
appeal tribunal, Upper tribunal in which all the first tier are lined and the Appeals in relation
to the executive agency will manage the tribunals of the judges and the further members.
Other then this the crown court focus on all the indictable offenses through which all the
conviction and the general sentences in relation to the records are being managed. Above this
their consist of High court and the Supreme courts which are explained as under:
a) High Court: This court deals with all the appeals that are being raised in the court.
It manages all the appeals on the points of law of the criminal and the civil division.
The lord chief justice, Heads of Divisions and the Court of Appeals judges implies to
provide the general appeals an d the cases in relation to the high court. It focus on
managing all the cases regarding the civil and the criminal matters. Their is been seen
that all the lower courts are bind by the decision that are stated by the high court. This
sis the second highest court n UK for all the appeals. It considers to have so many
divisions they are like the Queens bench, chancery court, family division and other
areas and courts. All the court companies to have judges which provide the final and
the important judgment as in context to the matters being made. In order to maintain
the rules and the principles there is acknowledged all the rights ans the decision that
are being made under it is implied accordingly. Their is also seen that all the
supervision and their manage can be done through the principle laws and the
evaluation. In case when the person is not satisfied with the decision of the court they
can go to the supreme court for the final appeal(Murphy, McCord, and Davis, 2018).
b) Supreme Court: It promotes the growth and the further power through which
all the nature and the laws are being managed. This ids the highest court of appeals
and it promotes and provide the justice through which all the rules are being made and
implemented. It is been seen that this mainly provides to focus on the public
importance and is the highest power of court. It focus on managing and maintaining
the laws and the essential areas through which the laws are being abides. It
incorporates all the legal methods and the principles through which the arguments and
the general working can be efficiently focused. SC terms out to be the final record
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taker and the arbitrator who manage to perform all the task effectively. No appeal can
be made for the decision of the supreme court (Machin, 2020).
Part 2: Source of law
Explanation of Case Law as a source of laws
Common law is generally the laws which are being provided by the judges in order to
promote the growth and the management. Their implies that all the rules and the principles
which focus on implementing the nature and to provide the natural justice are concerned in it.
When the judges make the law and try to promote and manage effective decision through
which all the principles and the equality is being managed. The judges while taking any
decision use to complies with all the relevant facts and the decision making through which
the growth and the management can be implicated. The decision which is made to maintain
the growth and the public importance are concerned in it. This bis the judicial precedents
through which all the subordinate courts will be bind and this will also manage to be applied
on all the individuals in UK. As in case R v Clegg the House of Lords declined about the
opportunity regarding the extend through which all the defense which are available under
section 3 of Criminal Act 1967 where they said that all the excessive force which affects the
person at an extent to death will be persuaded as Murder.
Explanation of the process of making Legislation
Legislation implies to be the law making body which helps in making the rules and
the principles in order to provide the law and order in the society. Their is seen that in order
to manage the growth it is important to implicate the rules through which all the monarch can
thereby establish and manage the effective functions. In UK the main aim of the government
is to manage and maintain the law and order through which all the security and the peace is
being given for managing and applying regulations and the rules. Their is managed all the
strategies and the applicability of the effective framework of the rules with the varied
principles there is analysed that in UK there is been seen the law making is made by both the
houses like the house of commons and the house of lords by the introduction of bill by them
and several reading they are like:
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 First reading- In this stage the bill is introduced and read out in front of all in
chamber. Second reading- Here all the key areas and the purpose of the bill is discussed and bo
voting is taken place. Committee stage- Through this stage the scrutiny and the necessary amendments are
made along with the effective voting. Report stage- This stage considers more areas of discussion and all the further
examination of the bill. Third reading- This involves all the tidying up through which all the loopholes and
the final changes are being aligned and managed. Consideration of amendments- In this stage the drafting of the bill is b being made
and here several rounds are been taken place regarding the accepting and the rejection
this is generally known as ping pong.
 Royal assent- This is the final stage in which the assent is given by the monarch and
the bill will become law and an Act.(Green, and Yoon, 2017).
The meaning and examples of Delegated Legislation
it is the secondary or the subordinate legislation through which all the rules are being
made by different bodies. It implies that all the areas and the laws through which the effective
management of rights are being consolidated. It helps in saving the time and also in providing
all the efficient laws with the provisions that are being given by the government or some
expertise who have the adequate knowledge (Drobotova, Karpenko, and Romaniv, 2020). It
provides and promotes all the general rules and the methods through which the person can
effectively try to manage the work. It is important in all the delegated legislation as in it the
power is being transferred to any other person and the rights are being made according. The
main aim behind this is to manage the work and the justice to be effectively balanced.
Part 3: UK law making process: Employment Law
Statutory Duties of Employers to their employees
Employment law Act 1996 is an important act in UK which is being made in order to
protect the right of the employees being working in the company some of the major rights
which bare being given are like:
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 Employers will have to serve and provide a proper notice in order to manage the
termination of any of the employee.
 Employers need to provide a healthy and safe environment to all the employees by
supervising the medical treatment based on safeguarding measures.
 Their is being seen that all the employees should get proper training in the
organization for their work as that will help in managing and avoiding any misshapen.
 Pay leave maternity, paternity, sick leave should all be provided to them on proper
time period.
 No discrimination can be made on the basis of gender, religion, sex, caste, creed etc.
Wrongful Dismissal and Unfair Dismissal Actions
Wrongful dismissal is generally the termination of the employees even after the
contract is being framed between the employees and the employers. It applies that all the laws
and the principles according to which the rules are being made. This is mainly the breach of
contract. As all the employees have the right to get the notice serve for all kind of
termination. In all such cases the employees can take help of tribunal to manage the
compensation and the adequate relief (Kretzmer, and Ronen, 2021).
Unfair dismissal is mainly the termination due to any unfair reason which is
unjustified to the employees like the maternity leave, forcing to perform any illegal act and
the denial by the employee, flexible working hours etc. the employee can go to the court and
can ask for compensation for all such activities and unfair practices. The employees can only
take the help of unfair dismissal when their seems that they were being working from 2 years
and the charge can be issued within the 2 months time period through which the unfair
dismissal has taken place.
Conclusion
The conclusion from this above report which is reflected is that law is the most
important part in all the country and this helps in managing and binding the rules and
regulations in all working areas. This can be seen that in UK their comprise of different
sources of law which are mainly the statutory and the common law. One is mainly the judge
made law in which all the rules and the judgments are being given by the judges for all the
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natural areas through which the principles are assigned. Legislation implies the law making
by the monarch and their laws and principles. Further it is also concluded that all the laws and
the rights which are being made through employment law 1996 can be made in order to
protect the employees from all kind of exploitation. Their have the right to get the healthy
environment.
Reference
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