BMP4002 Business Law: Legal System for Business

This report covers the legal system for business in the UK, including classifications of law, source of law, and UK law making process for employment law. It explains civil and criminal law, the role of High Court and Supreme Court, case law, legislation, and delegated legislation. It also discusses statutory duties of employers to their employees and wrongful dismissal and unfair dismissal actions. Course code: BMP4002. Subject: Business Law.

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
Doing business in the land of United Kingdom gives the different experience
from the world. In the united Kingdom also there are three different jurisdictions
which has separate legal structures i.e. England & Wales, Scotland and Northern
Island. All these have their own legal rules and have different regulations. But, they
have the same highest appellate court which is the Supreme Court and it is situated
in England. In UK, business sector have a great contributions in the economy almost
half of the economy of UK is depend on the businesses. It shows that, they have a
better laws and acts which govern all the businesses in UK, and this is the reason
that from all over the world people went their to establish their business. This image
of the UK as the best place to do business is made by the contributions of the UK
parliament. In the history of law making, the UK parliament gives its best contribution
at the time of introducing the Company law. It is one of the biggest law of the United
Kingdom which contains 1300 sections and 16 schedules (Al-Astewani, 2019). There
are different types of business structure's are running in UK some are easy to
establish and some are difficult. Apart from the company law which is the main act to
govern the business organization's in the United Kingdom, there are some other acts
also which support the business organizations to run. There is a Contract law of
United Kingdom which makes the business environment friendly and bind the people
towards the company. Through the contract law partner's bound themselves towards
the company to work together. There is another act which supports the businesses in
UK, there is an Employment Act which makes the relation in the company between
the employer and the employee's. In many organization's employee's were exploited
and their right were infringed by their employer's. The employment act gives their
rights back to the employee's and safeguard them from exploitation. It is really
necessary to build the relation with the employee's while doing business, the
employment act provide that action t get perform in each and every business
organizations.
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Part 1: Classifications of Law
Define laws and identify the respective legal systems in the UK
Laws are the set of rules that are created and get enforce by the
governmental institutions (which is the parliament in UK) to regulate the behavior of
humans. Without laws humans were not able to live peacefully and they may create
the dangerous situation on this world which spread illegal activities like robbery,
dacoity, murders, rape. Even now these illegal actions are committed by human
after having laws on every subjects. It is necessary to have the shadow of law
among the humans otherwise it will be a huge loss in the entire world (Capps, 2020).
The United Kingdom is one of the best legal system in the world, most of the
countries follows the same structure's of law like India, Ireland etc. In UK, there are
separate three legal systems which is for England & Wales, Scotland and Northern
Island. They have their own law, courts, judges but, there is only one Supreme Court
which is in England. All the final appeal after hearing of the high court would send to
the Supreme Court of England. The United Kingdom has the unwritten constitution,
there is not even the single written document which sets out the rights of an
individual. The constitution is federal in which the parliament has the supreme
authority of making laws. There are some other authorities such as; assemblies and
the local authorities even they got the power from the parliament. The UK have the
parliamentary system of governance in which parliament is the is the supreme law
making authority. The proof of the supremacy is shown by the doctrine of
sovereignty which means, that courts believe that the laws are enacted by the
parliament and it dominates the common law. The UK parliament comprises of two
houses which are House of Commons and House of Lords. The House of Common
comprises of people who got elected by the citizen of UK and the House of lords Is
not a representative body, most of the members of this house was appointed under
the Life Peerages Act 1958 and such peers were appointed by the Monarch in the
advice of the Prime minister. Every bill was firstly got introduce in both these houses,
first it got introduced in House of Common and after that it got introduced in House of
Lords. But, still they don't have the power to convert the bill into law, for making the
bill into law final assent is necessary which has to be given by the Head of the State
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or known as Monarch. The Monarch is the Queen of England who didn't got elected,
that position would be occupied by virtue of birth.
Explanation with examples the following as means of classification
of laws in the English Legal system
a) Civil Law:
In the first category in which the UK laws got classified is the civil laws. These
are the laws which deals with those cases which are not against the state but there
will be individual parties from both the sides and it can be a individual or group of
person or the organization. These laws have some jurisdiction which decided that
the case is of civil nature or not (Edwards, 2021). In civil there is no provision to sent
the person to jail, in the remedy there is provision to provide the compensation to the
party who suffered damages from that party who cause the damages. There are
some examples of civil laws such as; matter related to family disputes, case
regarding personal injury due to accident or negligence, Breach of contract and the
employment law.
b) Criminal Law:
These are the laws which regulated the functioning of human behavior who
commit the act against the society. In criminal laws the protection will be given to
those who loss life, suffer with injury which was done by someone else with the
intention to cause injury. In the breaching of the criminal laws, the person who
breaches become the subject to criminal prosecution by the state. Generally the
criminal proceedings would be brought by the Crown Prosecution process in the
name of crown and it got heard in a Magistrate's court or the court of Crown. Under
criminal law the offender get the penalty which laid down in the guidelines of
legislation in the form of prison or fine or both. It is necessary to prove that the
person who committed the crime will be guilt beyond reasonable doubt it means,
there would not been any single doubt about not doing the crime. If there is any
doubt then, the person would be treated as innocent unless proven guilty. The action
which would consider as crime under criminal laws are; sexual assault, murder,
fraud, money laundering, drug dealing etc.
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Explanation of the role of the following Courts in the English Legal
system
a) High Court:
The High Court is the third largest court in the land of United Kingdom. It deals with
the civil cases and with the appeals made by the lower courts. Generally it is based
in London at the Royal Court of Justice, but it got registered throughout England &
Wales where almost all High Courts proceedings may get issued and heard
(Hancock, 2021). Generally the cases in High court got heard by the single judges
but the cases like criminal in nature and of Judicial reviews required divisional court
which is bench of two or more judges. The High Court bound to follow the doctrine of
precedents i.e. High Court always bound to by the decisions of Supreme Court. The
High Court In the United Kingdom are divided into three divisions which are; queen's
Bench Division, Chancery Division and Family Division.
b) Supreme Court:
Initially the House of Lords is the Supreme Court now it got replaced. The Supreme
Court is the last and the final appeal court of the UK.the judges of this court known
as Justices of the Supreme Court who were influenced by the President and the
Deputy President. As an appeal, the Supreme Court do not hear the case unless the
relevant order has been passed by the lower courts. It has the jurisdiction of all over
the state but as there are three different jurisdiction in the UK then; in England &
Wales- the court of appeal of civil division and the criminal division and also cases of
High Court. In Scotland- the cases of court of session and in the Northern Island-
court of appeal in Northern Island and the limited cases of High Court.
Part 2: Source of law
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Explanation of Case Law as a source of laws
The laws which are kept in reporter series of the UK that helps the judges at
the time of contradiction of laws are known as case laws. It become the source of
law fro the lower court or the high court, the decisions of the Supreme court judges
act like a law fro the lower courts and also the judgments made by the high court act
like law for the subordinate courts.
Explanation of the process of making Legislation
In the United Kingdom there is legislature process of making the laws, the
parliament is the supreme authority in UK which has a power to frame laws for the
state (Morris, 2019). The parliament consist of two houses i.e. House of Common
and the House of Lords. In the starting, bill got introduced in both the houses and
with the majority of two third of both the house bill got sent to the Monarch who is the
Queen of England fro the final royal assent.
The meaning and examples of Delegated Legislation
The meaning of delegation is come out with the maxim “ Delegata potestas
non potest delegari” I.e. meas, the power which got delegated it will not be delegated
ahead. The general meaning of delegation is to distribute, giving permission or
transferring the authority of making laws.
Part 3: UK law making process: Employment Law
Statutory Duties of Employers to their employees
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There are three main sources of UK employment law;
 Common Law- it is the contract between the employer and the employee's
which makes the employer liable for the action of their employee's.
 Statute- there are so many acts through which the learning of employment
act initiated. In the late 1970s an effort was made to frame such laws which
build the relationship between the employer and the employee's.
 European Law- This law came into existence when, the domestic law of UK
got failed in compliance.
Wrongful Dismissal and Unfair Dismissal Actions
The employee's were highly exploited by the employer's at workplace, they
were getting the dismissal without any valid reason and without following the legal
and proper procedure of removing (Truxal, 2021). For that reason, to protect the
rights of the employee's the employment act came into force. The statutory right was
given to the employee's if they believe that they have been dismissed unfairly or
unreasonably by their employer.
Conclusion
The above report covers various topic related to the United Kingdom laws.
There are three parts in the report, in the first part the classification of laws got
explained while mentioning the civil and the criminal law which are the two broad
categories of classification. In part one only the functioning of the High Court and the
Supreme Court of UK would explained and its role in the English legal system. In part
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two, different sources of law got discussed such as; case laws, legislation and the
meaning of delegated legislation. In the last part of the report, law making process of
employment law got discussed with the statutory duties of employer to their
employee's and section 108 to 110 which deals with the wrongful dismissal and
unfair dismissal of the employee's by their employer's.
References
Al-Astewani, A., 2019. The Legal Framework for Regulating Shariah Councils in the UK A
Potential Model for Ireland?. In Minority Religions under Irish Law (pp. 193-216).
Brill.
Capps, M.A., 2020. Determann's Field Guide to Data Privacy Law: International Corporate
Compliance. Lothar Determann. Cheltenham, UK, Northampton, MA: Edward Elgar
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Publishing, 2020, Pp. v, 212. ISBN: 9781789906202, US $89.95. International
Journal of Legal Information, 48(2), pp.86-87.
Edwards, L., 2021. ‘No Jab, No Job’? Employment Law and Mandatory Vaccination
Requirements in the UK (preprint).
Hancock, S., 2021. What is known about doctoral employment? Reflections from a UK study
and directions for future research. Journal of Higher Education Policy and
Management, 43(5), pp.520-536.
Morris, R., 2019. Disabled people and employment: a UK perspective. In Routledge
Handbook of Disability Studies (pp. 250-264). Routledge.
Truxal, S., 2021. The EU–UK Competition and State Aid Regulatory Environment for Airlines:
Post-Brexit, Post-Transition. Air and Space Law, 46(Special).
Williams, M., 2022. Rule of Law Without a Constitution in the UK. In Judges and the
Language of Law (pp. 141-188). Palgrave Macmillan, Cham.
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