Business Law: UK Legal System, Source of Laws, and Employment Law
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This report provides an overview of the UK legal system, source of laws, and employment law. It covers the classifications of law, role of courts, case law, delegated legislation, and more. The report also discusses the statutory duties of employers to their employees and wrongful and unfair dismissal actions.
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TABLE OF CONTENT INTRODUCTION...........................................................................................................................3 MAIN BODY...................................................................................................................................3 Part 1: Classifications of Law..........................................................................................................3 Laws and identifying the respective legal system in UK.............................................................3 Classification of laws in English Legal system..........................................................................4 Explanation of role of following Courts in the English Legal system.........................................4 Part 2: Source of law........................................................................................................................5 Explanation of Case Law as a source of laws..............................................................................5 Explanation of process of making Legislation.............................................................................5 Meaning and examples of Delegated Legislation........................................................................6 Part 3: UK law making process: Employment Law....................................................................6 CONCLUSION................................................................................................................................7 REFERENCES...............................................................................................................................8
INTRODUCTION Business law are one that helps the company to t follow certain rules and principles that are ben set by the government so that there are no problems in the future. Furthermore, the present report will help in know about various laws and will discuss the legal systems that are been operating in UK so that more clear understanding might be gained. Moreover, role of following Courts in the English Legal system will also be analysed in detail under this report. Lastly, explanation ofCase Law as a source of laws along withDelegated Legislation in UK will also be covered under this study. MAIN BODY Part 1: Classifications of Law Laws and identifying the respective legal system in UK Laws are the systems of rules which certain community or particular country recognizes so that certain actions of the community might be defined in certain way. Moreover, the laws of the country are enforceable by social and governmental institution so that behaviour might be regulated in the best way. Furthermore, in context of legal system it can be said that UK has three separate legal systems one is each for England and whales other is for Scotland and lastly northern island. Also, in England and whales it operates the common law system which combines the passing of the legislations whereas Scotland is one where system followed is hybrid combining both the element of common law and certain elements of Roman law tradition. Also, in context of Scotland law it can be said that it follows the unique legal system that shares certain legislations with England and whales (Clark and et.al., 2021). Moreover, the legal systems are established by UK so that all the resident and non-residents that are living in UK could follow the proper structure and hierarchy to complete certain task in the most effective manner.
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Classification of laws in English Legal system Civil law: The Civil law used to draw a good distinction between the primary and secondary sources. This law used to deal with the cases which are on the basis of wrong done by the particular individuals. The most common law included in this are negligence and the breach of contract. It is basically the part of country's laws which is basically concerned with the private affairs of the people (Katz, 2019.). It includes defamation, breaching, damage, property damage, etc. This is very important to maintain the legal obligations and responsibilities in the country. The civil law matters related to the offence against the society at the large. Criminal Law: Criminal law refers to the body of law that is basically related with the crime done by the individual. This used to prescribe conduct which includes threatening, harmful and endangering to the health, safety and moral welfare of the people (Putra and Ahyani, 2022). This law basically includes the punishment and rehabilitation of the person who used to violate such laws. In this law the person is punished by the imprisonment or death or with both. This used to define the body of law that consist of criminal offences, regulates and have trial of suspected person. It includes theft, drunken driving, assault, murder, etc. The criminal law make it possible for the people to resolve the conflict and the disputes between the people in the country (Langer, 2020). Explanation of role of following Courts in the English Legal system High Court:This type of court within UK is responsible for dealing with all kinds of civil cases and appeals of the decisions made in the lower courts. Furthermore, it is considered as the last resorts for all those that are looking for any kind of justice relating to any kind of matter. (Mugo and Macharia, 2021)Also, such court decisions tends to be highly persuasive and is roles is to hear all kinds of arguable points that are of general law importance. Moreover, the list of cases that goes into the high courts consist of the disputes that are relating to business property, dispute over the trust, commercial dispute and much more. Thus, the high court in UK hear only those laws where the severity of the case is much higher and on large scale that requires immediate actions. Supreme court:It is considered the final courts of appeal in UK where all kinds of the criminal and civil cases are been heard by the court in well-defined manner (Ike and et.al., 2018). Furthermore, the major role of these courts is to hear the cases and also decides whether the particular kind of law is existing for case or particular set of facts are available to make the right
kind of decisions. Also, UK supreme court law is considered to more powerful as the court has the right to create or end any kind of law that it thinks is good or not good for the country. Part 2: Source of law Explanation of Case Law as a source of laws Case laws is one that is purely based on the judicial decision rather than all kinds of the constitution, regulations or statutes. Furthermore, case laws are concerned with unique disputes' that are resolved by courts using the list of certain facts of the case. Thus, in simple words it can be said that case law was established in previous court of rulings like the common law that is originated from judicial decisions and certain traditions. Furthermore, the case laws could be changed over the period and according to the situation. Thus, the lawyer that is hired for the case law just not only needs to read the case law but also able to check whether it is been subjected to any kind of the judicial consideration (Miller, Levy and Swedler, 2018). Moreover, it is considered to be type of law where the person has the right to privacy and also in case law all sought of the regulations are written in abstract manner. Hence, case laws are way through which it provides the record as to larger disputes and disagreements in application of the guidelines. Explanation of process of making Legislation The process of making the legislation in UK is been described as follows; ï‚·Bill is been passed where member of congress who has the idea of law could draft the bill. ï‚·Once bill is been drafted than it must be introduced than it could be found on website ï‚·After the introduction of bill it is named as committee where it is carefully examined and the chances of it passing by is been carefully examined. ï‚·After this stage the subcommittee that is been formed will review the bill ï‚·Furthermore, through Committee mark up of the bill through making certain kind of changes if required (He, 2019) ï‚·After reaching to floor the bill goes into additional debate and the member of full chamber vote for any kind of amendments. ï‚·Another stage is passing of the bill to another conference committee where the same procedure is been followed. ï‚·Thus, after passing of bill than it finally goes to the president the and becomes the law
Meaning and examples of Delegated Legislation Delegated legislation is exercising of legislative power by agent who is lower in rank of legislature. Furthermore, it can be said that it is type of process where the executive authority is given powers by the primary legislations to make certain kinds of laws so that right kind of implements might be made. Also, such type of legislation are made by the government without having to wait for any kind of new act of parliament to be passed (Cooper, 2022.). Thus, it can be said that delegated legislation helps in the reducing the burden of already overburdened legislature through enabling the executive to make or alter the new law. For example: There are various charitable organization that are operating in UK and thus there is establishment of the charitycommissionthatisresponsiblefor supervisingthe activitiesof allsuch typeof organization that are running either on small or large level. Another example is set of rules that are been designed that would help in conducting the operations of the government entity such as any kind of courts or patent office. Part 3: UK law making process: Employment Law Statutory Duties of Employers to their employees: According to UK law it is very important for all the employers to provide the right kind of working environment to all its employees which might include safety of the persons that are coming into contact with the workplace. Furthermore, another duty is of avoiding any kind of sexual or other type of harassment with any of the employees on any ground of places. Also, it is responsibility of the employers to ensure that friendly atmospheres is been created for all its employees so that they do not feel disrespected and discriminated on the basis of gender, caste, culture, religion etc (Rathnasamy and Mahabeer, 2021). Furthermore, the company should have developed the working practices in way that promote the safety of workers while using any kind of machinery or equipments. Also,it is main responsibility of the employers to ensure the privacyofemployeesregardinganykindofsensitiveinformationbeenprovidedatthe workplace. Moreover, Statutory Duties of Employers would include acting in good faith and treating all the employees in fair and in right manner so that best productivity and results are achieved in the end. Also, it is right to the employers to assure that all the employees are satisfied with the work and culture that the firm is providing to all its employees on regular basis Wrongful Dismissal and Unfair Dismissal Actions
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It is the act through which the employers terminate the employees without providing nay kind of the valid grounds of removal. Furthermore, such kind of actions are not treated in eyes of law as employees are subjected to unfair treatment. Moreover, the such kind of dismissal could also lead to the cases in the future by the employees as they have the adequate right to information regarding any kind of decision that are taken by the management. Also, such kind of actions might be claimed wrong when the employees have served the organization for more than two years and have establishes two limb test. Furthermore, in context of the wrongful dismissal is breach of contract by law by the employer (Dismissing staff,2022). However, such kind of the dismissal actions are happened than employers are liable to pay damages to put them back to the position. Also, in cases of employers dismissal actions could be taken only when employees performance during the probationary period has been unsatisfactory. Also, it can happen if employees have committed any kind of gross misconducts. Furthermore, actions are taken when there is poor timekeeping or attendance levels. Thus, it can be said that all kind of the wrongful dismissal are happened due to fact that there is any kind of breach of the contract. Moreover, there is alsoconstructive dismissal when employers cut the wages of the employee without any notice, unlawfully demote them, allow them to be harassed, discriminated, unfairly increased the workload and much more. CONCLUSION From the above report it can be concluded that laws are important elements that helps in guiding the organization in carrying out certain task at the workplace. Furthermore, the report had described about the process of making the legislations and had also analysedWrongful dismissal and unfair dismissal actions cases and action that had to be undertaken. Also, the study had described about the Statutory Duties of Employers to their employees so that better working within the firm might be assured for the future. Lastly, the report had presented Case Law as a source of laws along with that had identifies role of high courts and supreme court in carrying out certain decisions in the most effective manner in the future,
REFERENCES Books and journals Clark, J. and et.al., 2021. Perceptions and experiences of laws and regulations governing access toopioidsinSouth,Southeast,EastandCentralAsia:Asystematicreview,critical interpretative synthesis and development of a conceptual framework.Palliative medicine. 35(1).pp.59-75. Cooper, M. E., 2022. LAWS AND REGULATIONS.Invertebrate Medicine.pp.651-667. He, R., 2019. Laws and regulations for biosafety in China: Status and prospect.Academic Journal of Second Military Medical University.pp.937-944. Ike, M. and et.al., 2018, May. Consideration of host nation laws and regulations by Japanese MNEs. InInternational Conference on Computational Science and Its Applications(pp. 726- 734). Springer, Cham. Katz, E. D., 2019. Criminal Law in a Civil Guise.The University of Chicago Law Review.86(5). pp.1241-1310. Langer, M., 2020. Penal Abolitionism and Criminal Law Minimalism: Here and There, Now and Then.Harv. L. Rev. F..134.p.42. Miller, T. R., Levy, D. T. and Swedler, D. I., 2018. Lives saved by laws and regulations that resulted from the Bloomberg road safety program.Accident Analysis & Prevention.113. pp.131-136. Mugo, P. and Macharia, J., 2021. Government Laws And Regulations Influence On Competitive Advantage.Journal of Language, Technology & Entrepreneurship in Africa.12(1).pp.54-69. Putra, H. M. and Ahyani, H., 2022. Internalization in Islamic Law Progressive in Criminal Law Changes in Indonesia.Jurnal Ilmiah Al-Syir'ah.20(1). pp.68-90. Rathnasamy, S. and Mahabeer, V., 2021. The impact on auditors of non-compliance with laws and regulations.Jurnal Akuntansi dan Auditing Indonesia.pp.107-114. Online Dismissing staff.2022. [Online]. Available through: <https://www.gov.uk/dismiss-staff>