Classification of Laws and Legal System in the UK

This report provides an overview of the classification of laws and the legal system in the UK. It explains the differences between civil law and criminal law, and the role of the high court and supreme court. It also discusses the sources of law, including case law and delegated legislation. Additionally, it explores the UK law making process for employment law and the statutory duties of employers to their employees. Finally, it covers wrongful dismissal and unfair dismissal actions.

BSc (Hons) Business Management
BMP4002Business Law
Assessment 1
Legal System for Business
Law
Contents
Introduction 2
Part 1: Classifications of Law 2-3
Define laws and identify the respective legal systems in the UK
2
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Explanation with examples the following as means of classification
of laws in the English Legal system 3
a) Civil Law 3
b) Criminal Law 3
Explanation of the role of the following Courts in the English Legal
system 3-4
a) High Court 3
b) Supreme Court 4
Part 2: Source of law 4-5
Explanationof Case Law as a source of laws 4
Explanation of the process of making Legislation 4
The meaning and examples of Delegated Legislation 5
Part 3: UK law making process: Employment Law 5-6
Statutory Duties of Employers to their employees 5
Wrongful Dismissal and Unfair Dismissal Actions
Conclusion 6
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Introduction
Business law is the important framework for all the civil law which provides the
corporation and bodies of laws that are being important for all the organisations. It helps out
to maintain functioning of business practices by implementing the laws like contract law,
employment, law of Tort and IPR (Yan, (2017)). Employment law helps out to protect the
rights of the individuals who have been working in the companies by providing them and
protecting them from discrimination and treat them in equal manner. As business law frames
the segments and the rules that are being led by companies while coming in any agreement.
This report will cover the classification of laws with their legal system in UK, various sources
of law. Further it will also cover the lawmaking process for employment law with the
wrongful dismissal and the duties for the employers.
Part 1: Classifications of Law
Define laws and identify the respective legal systems in the UK
Laws are mainly the rules that are being governed by the government in order to
protect the societies and also to provide proper rights to the individuals who are being living
in the country. It promotes the justice and the social well-being and also take action towards
the illegal activities.
In UK there are mainly two kinds of legal system that are civil and criminal law.
There are mainly two important sources of law that are primary and secondary source.
UK mainly have a common law legal system which used to cover out the legislation and the
important case laws and precedents in their legal manners these are mainly made of house of
commons and house of lords which used to promote and make the laws that are being
important for all the working of common law divisions (Pan, Zhang, and Qin, (2018)). As
the legal system of UK serves out the branches of executive, legislature and government and
they helps out to provide a proper partly written and partly codified constitution as it serves
out to be statutory law, which provides out all the important legislation and the rules that are
being needed in the Constitution. It mainly works through the presidents and the important
common law system through which they try to implement their working areas. It covers
precedents as judges and the areas through which to ensure fairness and equality among the
individuals.
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Explanation with examples the following as means of classification
of laws in the English Legal system
a) Civil Law: Civil law is mainly the laws that are being related to the property and the
rights related to property of individuals and the organisations. It helps out to cover out all
dispute that are being raised between the individuals in the organisations. The legislation tries
to make all the important laws that are being needed for the civil jurisdiction. As in England
and Wales all the civil cases are being heard in courts as their original frame is being done in
county courts and their appeal is being raised in High Court and Supreme Court (Assländer,
and Hudson, (2017)). The mainly cover out all the cases regarding to contract, status and
employment. The compensation is being rewarded by the court as damages. They mainly
cover out all the pre-dominant status through all the civil law system. It helps out to maintain
all the judicial opinions for the codified status and deals with all the important areas
regarding to corporations of the private parties.
b) Criminal Law: All such offences that affect the person’s life and liberty. Theft,
murder, assault at some of the serious criminal offences all these laws are being made as you
to unlawful behaviour or any prohibition that is being raised through the conduction of person
and the sanction framed out. Criminal law social punishment like penalty, fine, imprisonment
(Baskerville, and Baskerville, (2018)). These are mainly all such offences that are being
raised and create a negative impact on the society. These are mainly all the immoral activities
and the ad that is been done by individual all these are being covered in the crown
prosecution through Queens bench, Chancery Court and the Crown court which used to deal
with the jury diction related to criminal matters. The appeals were being raised in the
Supreme Court and High Court.
Explanation of the role of the following Courts in the English Legal
system
a) High Court: High Court in UK are mainly the Court of Justice in London which
used to deal with all the important decisions regarding to court of appeal, crown court
and the important courts which covers out all the civil and criminal matters. They
mainly covers out three important when she’s like Chancery, Queens bench and the
family division all being transferred and are being needed in order to take the
appropriate judgements raised by the court. High Court creates a binding impact on
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the decision making process. They used to cover out all the important serious offences
regarding to criminal matters, civil and the appeal that are being raised by the
individuals. The Queens bench used to cover out all the contractual and the civil
wrongs whereas the family division deal with all the disputes related to family
settlement in the Chancery division is covered that partnership, company and all the
taxation related issues.
b) Supreme Court: Supreme court is mainly the final court of UK which covered
the superior authorities and used to have the final appeal that is being heard under
them it covers out both civil and criminal issues in England (Assländer, and Hudson,
(2017)). And used to serve out all the important decisions regarding to persons and
the constitutional importance. They are mainly being ensured to provide the justice
under the law and also to hear all the important areas in segments as and final
settlement. The mainly deals with all the society regarding to Parliament and also
provide the judicial reviews.
Part 2: Source of law
Explanation of Case Law as a source of laws
These are mainly the important source in UK legal laws as on the decision that are
being laid by the judges of the superior courts will be binding on all the subordinate courts
and also on the lower courts. As case laws are being covered as a judicial precedents as it
helps out to provide the decision that is for the benefit of the society and the decision will be
implemented on all the other for the decisions that will be taken on record (Peterson, (2018)).
Case laws are mainly the general rules and the judgement that is being given by the court
while hearing any case. all the rules in the lead that are being framed for the decision that are
being given by the court in UK and the judgement that are being raised by the judges that will
be create a binding affect on the subordinate court.
Explanation of the process of making Legislation
It is mainly the lawmaking bodies which used to provide Lord that are being framed
by the Parliament and all the supreme authority that is being inactive for the UK as all the
loss over there is partly return and wholly codified. Legislation so sought to be the most
important part of UK as they used to help out in making all the lawmaking bodies and also to
implement decision in framing the rights and the rules for the individuals in UK. They have a
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statically authority regarding the working procedure and provide a Parliamentary legislation
through which all the house of common and the house of lords used to implement important
decision when being seems fit (Solomon, (2017)). By implemented the decisions with the
help of a proper sitting of bench making the judgment through various reading process and by
taking a royal assent of monarch.
The meaning and examples of Delegated Legislation
It is mainly the subordinate legislation that is being given to all the executive
authority in order to process the rights that are being given to the legislative authorities it
helps out to execute the powers and also to make laws in order to free in the betterment of the
society (Sjostrom, (2019)). Delegated legislation implements out and also helps in
administering the important requirements that are being framed in the primary source of
legislations it can in simple would be explained as a law that are being made by a person
other than the Parliamentary authorities will be covered in it. The major example of delegated
legislation or bylaws, orders that is being given in council, statutory instruments that being
made and referred to the government ministers, Parliament sovereignty and many more.
Part 3: UK law making process: Employment Law
Employment law is an important law which helps out in protection of rights and
duties and responsibilities of the employees who are being working in the organisation by
implementing certain regulations and rules on the employees. It helps out the employees to
protect himself from any discrimination regarding to race, caste, sex, religion etc.
Statutory Duties of Employers to their employees
All the employers in the organisations have some important duties that should be let out
in order to protect their employs in the working areas and the business environment they are
as follows:
 Employers will have to maintain a proper healthy environment to their employees
who have been working under the company by providing them all the medical
facilities.
 Employers should try to maintain a proper save workplace environment for their
employees who are being working by preventing all the risk related to their health.
 Proper training and safety measures should be given to their employees regarding
working through the plant and machinery systems in work in practice.
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 There should be taken all the rage precautions regarding to the temperature,
ventilation, toilets and all the important areas that are being required for employees in
their working.
 And there should not be made any discrimination on the basis of race, sex, caste,
gender etc as all the employees should be treated equally.
 A timely pay should be given to all the employees who have been working in the
company and the salary should be issued in a proper manner.
 Pay Leaves and a sick leaves should be Implemented and provided to all the
employees who have been working in the company (Reif, (2017)).
 Proper breaks and the holidays are to be given to all the employees with all the
important facilities that should be given in according to the facilities for rest breaks
and the appropriate holiday entitlement.
Wrongful Dismissal and Unfair Dismissal Actions
Wrongful dismissal is mainly the breach that is being led in contractual considerations
in which the employee is being terminated and dismissed on a wrongful manner that can be
without a notice that is being served or the insufficient notice practice of a contractual terms
in the action that can be taken for such implementations are damages can be awarded to all
the employees regarding the benefits and also a notice period will be served to the employees
while they are being terminated lawfully.
Unfair dismissal amounts to the activity in which the employer is being terminated
without a proper notice is being served and in unreasonable and insufficient is missing
reason. It is mainly the potentially not a proper reason through which employees being
terminated as for all the employees there should be a period of minimum two years and the
proper notice is to be served while they are being terminated from the service and if in case
when the person is being start a tree and determined to be dismissed and fairly then it will be
covered under unfair dismissal this can be By constructive dismissal by somebody or by
unfair dismissal as according to employment right act 1996 section 94 it implements out that
all the employees who are being dismissed in unfair means will be amount to get the
compensation for their dismissal as they should be given a proper substantial reason and a
justification for the person’s dismissal from a job.
Conclusion
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From this above report it is concluded that business law plays an important role in the
organisation as it helps out to protect all the civil rights and agreements that are being laid in
the firms. Law is the rules and regulations that are being made by the legislations in order to
protect the individuals and their rights. Criminal law and civil law are the two important laws
in UK. Furthermore it is analysed that it is a statutory duty of all the employers to provide
protection, equality to all the employees who are being working under them and they should
not be any unfair or wrongful dismissal that should be late for the employees.
Reference
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Peterson, E., (2018). Techniques for Addressing Managerial Attitudes toward Lawyers and
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