Business Law in the UK: Classifications, Sources, and Employment Law

This report discusses the classifications and sources of law in the UK, including civil and criminal law, case law, and the process of making legislation. It also covers employment law, including the statutory duties of employers and wrongful and unfair dismissal actions. BMP4002 Business Law Assessment 1.

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
Business laws are the rules and regulations which gives the guidelines to all
the business organsizations in the United Kingdom to run the business and to make
them aware about all the legal issues and procedure to perform the busienss
operations. It becomes the obligations for the businesses organsiations to obey all
the laws of business law and perform their busines operations under the guidance of
business law. United Kingdom would got cosidered the most safest and the easiest
place to do business around the world. The whole UK is got divided into three
different jurisdiction such as; England & Wales, Scotland and Northern Island. These
jurisdiction's contain their own laws, courts, judges and the legal system but, for the
final appeal which is held only in the Supreme Court is the one fro all the three
jurisdictions which is situated in England. The image of the UK in business sector
was made by the parliament by enacting the act like Company act which is the best
effort done by the UK parliament in their law making history (Rice, and Wallis, 2022).
The companies act contains 1300 sections and 16 schedules which provides the
rules, rights and the obligations of running the business in UK. It is the main act
which govern all the business organisations and helps the companies in establishing,
winding up and to run the company legally. Apart from the company act there are
some other laws also which has some impact on business organsiation's like; an
Employment Act, this act maintain the business environment by building the
employer's- employee's relationship. The contract act which plays the crucial role in
framing the contract between the companies to do businesses. Through contract
companies bind each other to perform their part of business.
Part 1: Classifications of Law
Define laws and identify the respective legal systems in the UK
Laws are not defined in any statute, there is not a proper definition of law but
some jurist and the judges define the laws as the set of rules which provides the
guidelines to the humans to live their life peacefully without facing any problem and
without harming others. Through laws only an individual would get aware about the
rights and duties. Laws are not only for the persons there are laws for the companies
and the corporate bodies also. The main importance of laws is that, it provides the
discpline in life of the persons and even in the organisations.
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The United Kingdom dont have only one jurisdiction, it is divided into three different
jurisdictions i.e. England & Wales, Scotland and Northern Island. These jurisdictions
have their own legal systemsm, courts, lawyers and judges but, there is only one
Supreme Court for all three jurisdictions which is the final appelable court. In UK the
people's are governed under parliamentary form of governance it means, the laws
are made by the people only who are the part of the parliament (Bradley, 2020). In
UK, the parliament consist of two houses which are House of Commons and House
of Lords. These two houses have number of members which were elected through
process of votings and the have the rights to deal with bill and ensure that bill to
convert it into law. In Uk there is no written constitution not even the single document
is in writing.
Explanation with examples the following as means of classification
of laws in the English Legal system
a) Civil Law:
In the United Kingdom the laws are classified into two main categories which
are Private law and the Public law. Under private law there is civil laws which have
some areas where they can apply. The civil laws are used whern there is conflict
between the individuals or between the individuals and the organsiations. There are
some areas where civil laws would appy like; in the family disputes, when the
breaching of contract is made, at the time of personal injuries by some negligence or
an accident and also in the matter of companies. These incidents and acts are
covered under civil laws, if the laws are no obeyd then there are provisions given to
claim compensation to the offender of causing damages to the claimant. There are
no provisons under civil laws for the punishment like imprisonment and any other
harsh punishment.
b) Criminal Law:
There is another classification of Uk laws which is public law. Under the public
laws this type of laws which is criminal law take the place. Criminal laws are those
laws which got applied in those matters which not only affect the person or persons
individually but that illegal act affects the whole society. In the criminal laws to proof
the person guilty it is necessary to prove it beyond all the doubts, if there is a only a
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doubt agaisnt the person that he committed the crime he will not be get punished fro
that doubt only. Like civil laws there are some areas where criminal laws would apply
such as in the case of murder, sexual assault, dacoity, money laundering, drug
dealing etc. These ae the acts which not only cause damage to the person but it also
affects the whole society (Amonova, 2019). In criminal laws the punishments will be
decide as per the acts done by the criminal, unde criminal laws the punishments are
harsh like; imprisonment for life, death sentence etc.
Explanation of the role of the following Courts in the English Legal
system
a) High Court:
It is mandatory to established at least one High Court in the state, it comes
under the appelable court and the high court categories. Above the High Court there
is only one court which is the Supreme Court. In the High courts genereally only one
judge will listened the proceedings and decide the case but in some cases which are
in large public interest and which got pending for the very last years more than onw
judge which is the divison bench sits (Hess, and Harvey, 2019). There are three
different divisions of High Court such as; queens divisions, Chancery divisions and
family divisions.
b) Supreme Court:
It is the final and the highest appealable court in the United Kingdom and
before it was known as House of Lords. The judges of Supreme Court are known as
Justices who are appointed by the President. In the Supreme Court only those cases
are dealt which got heard and tehri judgement's got passed by the High court.
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Part 2: Source of law
Explanation of Case Law as a source of laws
Case laws are termed as judicial precedents and plays significant role in
development of UK legal system. These are primary source of law recognized under
the principles of doctrine of stare decisis. These are landmark rulings of the superior
courts which are kept in record in the form of law reports. These records are used by
lower courts to adjudicate matters of similar nature in subsequent case.
Explanation of the process of making Legislation
The parliament of United Kingdom is regarded as the supreme legal authority
having enormous power to make laws for the nation. Parliament consists of two
house, the House of Commons and The house of Lords. The process begins by
introducing a bill in the first reading where the title of the bill is read. In second
reading debate is made on the principle objectives of the bill and members make
discussion on specific areas of the bill where changes are required. The next stage
is committee stage in which bill is scrutinize in order to decide whether to bring
change or not. Then comes the report stage wherein bill is further put to examine for
changes, in this stage amendments are recommended and votes are taken to
determine the changes. Third reading is made to erase all the loopholes along with
amendments. In subsequent stage, if the lords are not satisfied and recommend
changes in bill, it is forward to Commons for considering the suggested change, it is
on the commons to accept or reject the changes and this stage goes like that until
both the house agreed on the bill unanimously. At last stage the approved bill is sent
for royal assent, if royal assent is given then such bill becomes an Act (Micheli and
Fragnelli2018).
The meaning and examples of Delegated Legislation
Delegated legislation is the concept of passing legislation without parliament.
Delegated legislation is a power to make laws by an individual having authority to
legislate laws, ordinances, orders, by-laws at any having jurisdiction. These
legislation are known as secondary legislation.
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Part 3: UK law making process: Employment Law
Statutory Duties of Employers to their employees
Employment law of UK provides various rights and benefits to employees
working in an disorganization. Employer is under an obligation to comply with the
rules and directives of employment law (Uhre and Rommetvedt 2019). Following are
the statutory duties of the employer towards its employees:
 it is the duty of an employer to maintain safe and healthy work environment in
an organization.
 Employer must provide all the necessary and essential equipment and
machinery to employees for business work.
 Employer must install all the safety essentials and measures for its employees
from preventing any uncertain risk.
 It is the primary duty of an employer to provide basic amenities to its
employees at work place.
 An employer is under an obligation under Employment law to provide all the
rights and benefits to its employees as prescribed under Employment law
such as, maternity and paternity leave allowances, bonus, extra pay for
overtime work and many more (Kumar and Saini 2018).
 It is the duty of an employer to prohibit all forms of discrimination at work
place.
 Employer should give award and recognition to its best employees.
 Employer must ensure that all its employees are treated fairly at work place.
Wrongful Dismissal and Unfair Dismissal Actions
Wrongful dismissal is an arbitrary action of an employer to discard employees from
employment by breaching employment contract. Wrongful dismissals is actionable
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and employees who are victim of wrongful dismissal can bring suit against their
employer to retain employment or compensation.
Unfair dismissal is another form of unlawful dismissal from the employment where
employee is dismissed before completion of their employment agreement. Therefore,
in both the circumstance employee is entitle to bring action against such arbitrary
action of their employer in employment tribunal (Recchia 2020).
Conclusion
From the above report it can be concluded that, business law plays significant
role in governing the formation of business to its incorporation to its termination.
Business law provides many laws which helps in regulating the structure of business
and their operation, it also establish the relationship between employer and
employees. Business law is a part of UK legal system. The development of UK legal
system can be track since 1189, when local customary law were used to govern
people and today these customary law has taken status of national laws which are
made applicable throughout the United Kingdom and common to all. In this report,
classification of UK legal system is explained and all other aspects relating to it such
as, role of English court, process of law making, employment law, statutory duties of
employers towards their employees and provisions relating to wrongful and unfair
dismissal.
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References
Rice, P.M. and Wallis, N.J., 2022. Thoughts on Weeden Island pottery classification:
the type-variety system (again). Southeastern Archaeology, pp.1-10.
Bradley, C.A., 2020. International law in the US legal system. Oxford University
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Amonova, F.N., 2019. THE UNITED KINGDOM OF GREAT BRITAIN. In Научный
прогресс: проблемы и перспективы развития (pp. 39-42).
Hess, B. and Harvey, A.K., 2019, March. Open Justice in Modern Societies: What
Role for Courts?. In Open Justice (pp. 9-46). Nomos Verlagsgesellschaft
mbH & Co. KG.
Walpole, S., 2020. Criminal Responsibility as a Distinctive Form of Corporate
Regulation.
Uhre, A.N. and Rommetvedt, H., 2019. Civil associations and interest groups in the
policy-making process: Pluralisation and generalisation of interests. Interest
Groups & Advocacy, 8(2), pp.233-253.
Micheli, C.D. and Fragnelli, V., 2018. Robustness of the Government and the
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Computational Collective Intelligence XXXI (pp. 92-106). Springer, Berlin,
Heidelberg.
Kumari, S. and Saini, G.K., 2018. Do instrumental and symbolic factors interact in
influencing employer attractiveness and job pursuit intention?. Career
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Recchia, G.A., 2020. Gig Work and the Qualification Dilemma: From the Judicial to
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