Understanding the Legal System for Business Law in the UK

This article provides an overview of the legal system for business law in the UK, including the classifications and sources of law, such as civil and criminal law, case law, legislation, and delegated legislation. It also explores the UK law making process for employment law, including statutory duties of employers and wrongful and unfair dismissal actions.

BMP4002 Business Law
Assessment 1
Legal System for Business
Law
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Contents
Introduction 2
Part 1: Classifications of Law p-p
Define laws and identify the respective legal systems in the UK
p
Explanation with examples the following as means of classification of laws
in the English Legal system p-p
a) Civil Law p
b) Criminal Law p
Explanation of the role of the following Courts in the English Legal system
p-p
a) High Court p
b) Supreme Court p
Part 2: Source of law p-p
Explanation of Case Law as a source of laws p
Explanation of the process of making Legislation p
The meaning and examples of Delegated Legislation p
Part 3: UK law making process: Employment Law p-p
Statutory Duties of Employers to their employees p
Wrongful Dismissal and Unfair Dismissal Actions
Conclusion p
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Introduction
Law is very important in the governance of a nation. English Law is very systematic
and has a very hybrid approach when it comes to its legal system. There are different legal
system for different parts and there is absolutely no connection of one part to the other. Every
such part plays an individual and separate distinct role in its territory (Abouras, R.L., 2021).
Similarly, the types of law whether civil or criminal makes us understand the nature of the
law. Whether a person is eligible and what is the person eligible is determined with the help
of private and public law. The English legal system also has a very distinct legal system
where the high court and supreme court act as the appellate body for the aggrieved. Case law
in UK law is very important and crucial source of law (Partington, M., 2021). The prior
commentaries, judgments, etc are to be recorded which helps to formulate new law and to co
relate the existing one. The labor law of UK is very well codified and the obligations in an
employment is well protected by the Employment Act and many other legislative acts.
Part 1: Classifications of Law
Define laws and identify the respective legal systems in the UK
1.1 Law – Law of any nation is the formation of rules and regulations established by the
authority as rules to be followed by the state. In other words, it is a bill which is passed by the
legislature for the social and welfare governance of that State. Law has a wide scope as it
deals with an offence, business transaction, property, etc. There is a authority formed by the
state which controls the affairs of the people and the authority is given to them by law. Law is
a set of rules governed by custom, practice and conduct of a community.
1.2 Different Legal System in UK – The process of legal system is defined as the procedure
wherein the body governing after interpretation, enforce the law of the land. It helps in
maintaining order of the State by resolving the disputes, carry out endeavors of private and
public people. Every jurisdiction in the English Law has a set of different lawyers, laws, rules
, regulations, judges and courts. There are three different legal system in English Law namely
(a) England and Wales (b) Scotland (c) Northern Ireland. The United Kingdom was formed
in the year 1801 with the merger of both Great Britain and Ireland. Later, in 1922 Ireland was
partitioned to form an Irish Free State. England & Wales follow a common law system
which has both legislation and case laws (Zlatina, N.E. and Kravchuk, N.B., 2020). There is a
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lot of similarity in the legal system of both England & Netherlands but Scotland has the
amalgamation of the common law, the civil law system and the Roman Dutch Law.
Explanation with examples the following as means of classification of laws
in the English Legal system
In English Law, there is broader and distinctive classification of Legal system namely
the private and public law. In Public Law the parties in conflict to demand compensation are
individual and the community of that State pertaining to criminal law whereas in private law
the conflict is between two individual of the community like the civil matters.
a) Civil Law:
It is important to determine the context in which a matter is perceived. Civil Law is
defined when the opposition relates to criminal matter, religious matter or based on court. In
English Law, civil law has very wide scope like – (a) Contract - Where both parties form an
agreement stating the terms and can claim compensation in form of damages, injunction or
specific performance. (b) Tort – It deals with matters pertaining to a legal wrong (c)
Company law – It relates to rules and regulations of company & its members (d) Revenue
law - Deals with taxes (e) Intellectual property – These law relates to the obligations dealing
with patents for scientific, industrial invention, etc. There are many types of IP law which
includes copyright, trade mark, etc. The dispute is mainly for validity. (f) Media Law &
Family Law.
b) Criminal Law:
English criminal law deals with offenses. Criminal law is where the wrong committed
is not only against a person but the entire community. They deal with the functioning of the
court and the working done with the help of statues and common law (Ambos, K., 2018).
There are many elements to be kept in mind in dealing with a crime such as a guilty act and
guilty mental state.
Explanation of the role of the following Courts in the English Legal system
a) High Court:
The High court has three faculties in English Law -
(a) The Chancery Division
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(b) Family Divisions
(c) The Queens Bench Division
The High Court plays a major role in English Legal System, it has both civil cases as well as
the matters decided in lower courts. The decision of high court can be challenged in the
supreme court and there decision is binding. Similarly, the decision of the high court should
be followed by the courts inferior to them.
b) Supreme Court:
The Supreme Court in English Law is the highest court of appeal. Supreme Court
derives its authority from the Constitutional Reform Act, 2005. It came into existence after
removing the Lords Of Appeal. The Supreme court is separate legal body which deals with
England and Wales, Scotland and Northern Ireland. The major role of Supreme Court are as
follows –
(a) Court is the highest court for appeal in both civil and criminal matters.
(b) It plays the role of guardian and amend laws of common law, deals with topic concerning
public matters,etc.
(c) It plays an important role in governing the secondary legislation.
Part 2: Source of law
Explanation of Case Law as a source of laws
2.2 Sources of Law : Any constitution, legislation, treaty, reforms, custom, statute which
gives the legislation or any case verdict its validity is called source of that particular law. The
English Law has four source of law – (a) Legislation (b) Common Law (c) Human Rights (c)
EU law.
Case law works with the doctrine of precedent. This doctrine states the fact that a court is too
follow the decision of the court senior to it and has a persuasive standing in cases of
equivalent courts authority. The law can be derived from any existing law after analyzing or
to be pronounced in a judgment (Lythgoe, G., 2021). There are many examples of records of
the case laws such as the UK Law Reporting, All England Report Reprint,etc. Case digest,
Westlaw, Lawcite, etc. are also maintained were detailed records of all the cases are
provided.
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Explanation of the process of making Legislation
2.3 Legislation : The power to formulate the rules and regulations of a state by the major
officials of the state is called the process of making legislation. In English Law, there are
several stages before the bill can be termed as a law.
(a) Bill is drafted in either house by any member of the house. The people who support the
bill which should be drafted is called the sponsor and other persons are called co sponsor.
(b) The bill which is properly drafted should now be introduced in the house in which it is
presented for the fist time.
(c) A committee is established who carefully examine the bill and can suggest any
amendments at the hearing where they try to understand the following bill. They mark up the
bill for any changes and forward it to report the bill.
(d) The bill introduced should now be voted in that particular house and then forwarded to
other chambers. Both the houses must have a conference report.
(e) The Bill is then forwarded for the assent of the monarch.
The meaning and examples of Delegated Legislation
2.4 Delegated Legislation : Delegated legislation is the process where a law is enforced by
way of regulations, rules, standard or ordinances not by the Legislature but by the officials of
the state, any individual, agent or any minister of a government. The delegated legislation
thus helps in altering the existing law rather than forming a new one (Cormacain, R., 2020).
The act of such individual also has same power as that of the parliament while implementing
the process of subordinate or secondary legislation. In English, the delegated legislation helps
in law making process so as to negate rigidity of an act and plays crucial role in emergency
situation. The examples of delegated legislation are -
(a) Orders in Council – These are incorporated in the colonial era by way of prerogative
orders and proclamations.
(b) Statutory Instruments – It has the British Statutory Instrument Committee which helps
the parliament by dealing with laws as to whether to delete or confirm the said rules or
regulation.
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(c) Provisional Order – In such case, a minister is given the authority by the act of the
parliament so as to perform certain duties or rights.
(d) Bye Laws – the power is delegated to many local authorities body or to any public
corporations.
Part 3: UK law making process: Employment Law
Statutory Duties of Employers to their employees
The employment and labour laws provides for the terms and conditions so as to
regulate the employees, industrial relations, maternity, wage related concerns, dismissals,
leaves, etc. In English law, an employee of any age, race, belief, sexual orientation should be
paid the minimum wage, to provide them a safe working environment (Haines, A., 2018).
They must also provide a hostile environment. They should motivate the employees by giving
them workshops, awareness program. The employer must communicate the employee with
the contract law and to take measures to stop violation and harassment.
Wrongful Dismissal and Unfair Dismissal Actions
The employee is protected under protected characteristics. Similarly, there should be
no discrimination in the dismissal action. Wrongful dismissal is where the employee is
removed from his job without notice, without proper grounds or removing a employee before
the deadline date (Atrey, S., 2019). Employment law provides for compensation, benefit,
deductions or mitigation. There is a qualifying period so as to ask for such above mentioned
remedies normally two years. Unfair dismissal is right where employees who are removed
from their job without reason can claim for remedy also in the case where no proper
procedure was followed by the employer (Leighton, P., 2021). The court or tribunal can ask
the employer to provide the same job back to employee or give them a different job. Such
dismissal can also be put to appeal.
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Conclusion
The legal system of any state is very important as it not only maintains the law and order but
also shapes the country. English law is very flexible and it is made with the aim to be in
motion with the ever evolving technology. It is an impeccable legislative tool which is fair,
practical and sets very justified precedent. Similarly, the English Judiciary also plays a
fundamental role in helping the citizens of the state. It an independent system of judges
which punishes the individual who are at fault. They are successful in providing legal
remedies and the employment law provides the employer and employee the much required
blanket of comfort in case of default by either party. The labour laws provide a sense of
security.
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REFERENCES
Books and Journals
Abouras, R.L., 2021. Called to Counsel: Examining the Links Among Calling, Life Meaning,
Life Satisfaction, and Burnout Among Law Students. Journal of College and
Character, 22(3), pp.179-199.
Ambos, K., 2018. European criminal law. Cambridge University Press.
Atrey, S., 2019. Intersectional discrimination. Oxford University Press, USA.
Cormacain, R., 2020. Keeping covid-19 emergency legislation socially distant from ordinary
legislation: principles for the structure of emergency legislation. The Theory and
Practice of Legislation, 8(3), pp.245-265.
Haines, A., 2018. UK considers closer links between employment and tax rules. International
Tax Review.
Leighton, P., 2021. Violence at work: the legal framework. In Work-related Violence (pp.
19-33). Routledge.
Lythgoe, G., 2021. Briefing on Customary International Law and Related Issues Concerning
the UK Government Decision to Increase its Stockpile of Nuclear Warheads,
prepared for Scottish CND. Available at SSRN 3975536.
Partington, M., 2021. Introduction to the English legal system. Oxford University Press.
Zlatina, N.E. and Kravchuk, N.B., 2020. COMPARATIVE ANALYSIS OF CORPORATE
LAW OF UKRAINE AND THE UK. In Humanities and Social Sciences in Europe:
Achievements and Perspectives (pp. 88-93).
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