Legal System for Business Law: Classifications, Sources, and UK Law Making Process

This report covers various aspects of laws prevailing in society and how they are implemented. It also gives a brief about its functioning in different courts of the United Kingdom. Further, directing their duty and obligation. Employer becomes accountable towards its employees and cessation of employees by unlawful means are hereby covered in this report.

Business Management
BMP4002 Business Law
Assessment 1
Legal System for Business
Law

Contents
Introduction 3
Part 1: Classifications of Law 3-5
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 4-4
a) Civil Law 4
b) Criminal Law 4
Explanation of the role of the following Courts in the English Legal
system 5-5
 High Court 5
 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 6
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 8

Introduction
Law plays a major role in development and growth of country. Therefore, it becomes
mandatory on part of law makers to bring change in legal system of society. It reflects the values
implanted in accordance with the societal norms on which an individual is required to act . Due to
which certain amendments comes into effect when such rules and regulation are irrelevant and not
effective on current situation. Where such decree of law enhance growth of both citizen and its
country(Partington, 2021)he report covers various aspects of laws prevailing in society and how
they are implemented. It also give the brief about its functioning in different courts of United
Kingdom. Further, directing their duty and obligation. Employer becomes accountable towards its
employees and cessation of employees by unlawful means are hereby covered in this report.
Part 1: Classifications of Law
Define laws and identify the respective legal systems in the UK
When rules and regulation comes into effect in a prescribed way than management of
society is conducted effectively. Codification of laws is above the administrators of a country as
everything revolves and work in accordance with legal system established in its furtherance. The
law made as such have dominion and control over actions of citizens of the country. But it cannot
vanquish the fundamental rights of individual. English laws are generally uncodified as laws
framed are incomplete. It is divided into group of common and statutory laws. Common law
derives its power from order of higher court as Supreme court and High court which are known as
judicial precedents. The decision of such courts is conclusive to follow by its subordinate. On other
hand statutory law is the one which came into force on direction of legislators who make the law
like parliament which are codified in nature. Parliament comprises of two houses which are House
of Lords and House of People. A law is made when it is presented as bill to both house of
Parliament . Further such legal system comes into effect when it is approved by the said
authority(King and Lord, 2018).
Explanation with examples the following as means of classification of
laws in the English Legal system
a) Civil Law:
Under civil law, dispute in relation to property and basic rights of individual or group of

individual falls in this set of law. These rights assist an individual safety avoiding from causing
any harm. It also cover the agreement and contract which take place between parties. Besides, it
discusses about fundamental right of citizen and rights in relation to property of a person .
Moreover, it talks about breach related to contract and duty of a person to pay damages and other
relief to injured party in such case. The court which resolve such matter in United Kingdom are
Supreme court , High Court ans other tribunals(Duff, 2018.).
b) Criminal Law:
In this aspect of law, it generally talks about act and omission which constitute as an offence
are affecting people and society comes under this category. Such acts defined in statutes of criminal
law are dealt in accordance with section and provision defined. By implementing such legislation
safety of citizen are ensured. The main object of this law is to consider administration of country
with effect to behaviour of individual living in society. It provides protection against any harm
securing its right of freedom and liberty to reputation or citizens body. Defence in such case is
provided to injured party by punishing the other one for the crime it had committed such as fine and
imprisonment even in certain case death penalty is given. Such matter comes under Supreme court,
High Court, queens bench and divisional courts .
Explanation of the role of the following Courts in the English Legal
system
 High Court:
In court of justice they play most critical part in development of legal system. The
main reason attached with it is existence of these court in each state or region. They were called by
name Her Majesty in English courts . It refers to cases which are of primary importance and its
subordinate cannot look into such facets of law. There are various division of bench under this court
as divisional bench. Queens bench etc. In some cases number of judges required to sit in such case
accordance to how serious the crime was with respect to delivering such matter to ensure fair trial
and justice. It deals with cases that are not in jurisdiction of high courts or such case is transferred
to this court(López-Andreu and Rubery, 2021).
 Supreme Court:
It is the apex court of the country whose decision are bound to be followed by the citizens of a
country. It is above all authority of court of justice which governs the legal aspect of society. The
main task of this court is to ensure public justice and interest constituting both at national and

international level. It is considered as stoppage for all civil and criminal appeals and grievance
which are not delivered in below subordinate courts. They are obligated to function effectively. . In
specific matters related to integrity of constitution are dealt by Supreme court of the
country(Tariq and Syed ,2018)..
Part 2: Source of law
Explanation of Case Law as a source of laws
The main source of law is case laws which are covered under common law. The verdict
given by Supreme court and High court makes its subordinate compelled by the judgement given
in similar such case. It further refers that it is duty of subordinate courts to examine order of higher
court with respect to application of such judgement in particular case. It is based on the aspect of
Stare Decisis rule, where previous judgement of court binds case of same nature(Fagan, and
Rubery, 2018) . .
Explanation of the process of making Legislation
The structure of constitution embodied under different categories. Where the first stage
gives brief knowledge about layout of such law to house of Parliament which further goes through
various steps before it comes into effect.. Main objective of such application of law is to bind
people to follow such conduct and behaviour. The first step towards it, ensures subject of such law
known to house of parliament. Then only it can talk over problems regarding with effect to bill it
also discusses implication of such law on society and its people. Final step is approval of such bill
to come into effect when approved by members of parliament via voting for or against
implementation of bill. Further, Queen of England gives royal assent where it comes into existence.
The meaning and examples of Delegated Legislation
Delegated Legislation means where a sovereign body making laws has authority to delegate
its power to its subordinate. Under English law, Parliament being a law maker can make laws as per
necessity or demand of circumstances. The body to whom such power is transferred should act in
accordance within prescribed set of rules indicated by administrator. The reason of delegating
powers by parliament is to reduce burden on authority and also for executing law effectively by
people who have expertise and qualified in the particular field. For example- Order of councils, the
Parliament, etc. Statutory regulations are one of simplest form of delegated legislation(Khan and
et.al, 2019)..

Part 3: UK law making process: Employment Law
Statutory Duties of Employers to their employees
Under English law, legislation regarding employment are given under the Employment Act
1996 . It discusses the relationship between the company retailer with its employees or staff
working for the company. It further talks about obligation or duties, the owner of organisation has
towards their workers . Following are certain responsibility of employer-
 The owner of company required to carry out certain session of training to check competency
for job.
 Staff of company has right to get wages or salary with addition to remuneration from
company under National Minimum Wages Act.
 It is obligation on part of employer to see that no conduct of unfair treatment exist at the
place of employment on colour, caste, gender, race, sex etc.
 The manager of company should keep check on health and safety terms addressing the
security of its workers.
 The policies with regards to payroll of company must be reasonable and fair and so should
the working hours of workers duly noticeable by organisation(Esser and Macneil, 2022)
Wrongful Dismissal and Unfair Dismissal Actions
There are several forms of dismissal but the most serious types of dismissal are dealt under
employment law of United Kingdom comprises of wrongful dismissal and unfair dismissal.
They are in respect to termination of workers. Wrongful Dismissal refers to process where the staff
of company is aborted by unfair means without any due notice. It also includes where person is
ceased to work in company before the contract is completed. On other hand, unfair dismissal,
comes into existence when company terminates employee without specifying reason behind it. For
instance when due to maternity leave female staff contract is aborted by the company(Mănescu,
2021)..

Conclusion
It is inferred from the above report that the object of legislation is to manage the society and its
people in a uniform conduct and behaviour of individuals. There are two sources from which
existence of law is derived. Firstly, statutory law which operates in making laws like Parliament
house of lords and house of people. Secondly, common law under which judicial authority as judges
in court pronounces decision or order followed by whole society. Following the criteria there are
- High and Supreme court to assist the cases which are criminal or civil in nature. Supreme court
is the superior court which has authority to listen appeals and deals with issues that are concerned
with sovereignty. Various employment laws are defined where manager of company is under
obligation to fulfil its responsibility it has over its workers for properly managing the organisation.

References
Duff, R.A., 2018. The realm of criminal law. Oxford University Press.
Esser, I.M. and Macneil, I., 2022. The emergence of ‘comply or explain’as a global model for
corporate governance codes. European Business Law Review, 33(1).
Fagan, C. and Rubery, J., 2018. Advancing gender equality through European employment policy:
the impact of the UK's EU membership and the risks of Brexit. Social Policy and Society, 17(2),
pp.297-317.
Khan, N., Korac‐Kakabadse, N., Skouloudis, A. and Dimopoulos, A., 2019. Diversity in the
workplace: An overview of disability employment disclosures among UK firms. Corporate Social
Responsibility and Environmental Management, 26(1), pp.170-185.
King, C. and Lord, N., 2018. Negotiated Justice and corporate crime: the legitimacy of civil
recovery orders and deferred prosecution agreements. Springer.
López-Andreu, M. and Rubery, J., 2021. Austerity and women’s employment trajectories in Spain
and the UK: A comparison of two flexible labour markets. Economic and Industrial Democracy,
42(2), pp.289-313.
Mănescu, D.M., 2021. Digital Trade in the Trade and Cooperation Agreement between the
European Union, the European Atomic Energy Community and the United Kingdom of Great
Britain and Northern Ireland. In Proceedings of the International Conference on Business
Excellence (Vol. 15, No. 1, pp. 963-974).
Partington, M., 2021. Introduction to the English legal system. Oxford University Press.
Tariq, M. and Syed, J., 2018. An intersectional perspective on Muslim women's issues and
experiences in employment. Gender, Work & Organization, 25(5), pp.495-513.
Young, C., 2019. HR and the law: a comparative study into the influence of institutional logics on
HR practitioner approach to employment laws in the UK and Australia (Doctoral dissertation,
University of York).