Understanding Business Law in the UK: Sources of Law, Impact on Multilingual Organizations, and Employment Law

This article provides an overview of the sources of law in the UK, including primary and secondary sources such as case law, legislation law, and common law. It also discusses the impact of these laws on multilingual organizations and delves into the specifics of UK employment law, including the rights of employees and the responsibilities of employers.

BUSINESS LAW

Table of Contents
BUSINESS LAW...........................................................................................................................1
Answer 1..........................................................................................................................................3
Answer 2..........................................................................................................................................5
(i)..................................................................................................................................................5
(ii)................................................................................................................................................5
(iii)...............................................................................................................................................6
Answer 3..........................................................................................................................................7
Impact of Employment law on commercial organization in UK.................................................7
REFERENCES................................................................................................................................9
Books and Journals......................................................................................................................9

Answer 1
(i) Law is a set of rules, regulations or guidelines being laid down by the government which
govern the relationship between the different states and it's citizens. In other words, a binding
custom or a practice formally enforced by the authority to administer the overall community. The
term law has an important role in the society because it maintains the consistency, human
functioning and peacefulness within the general-public, communal bodies, government
organisation and global order (Habibnezhad, Ameri and Hosseini, 2021). Law from the
perspective of English law refers to the principles which are enforceable by the state government
which would assist them in the administration of the justice.
(ii)The laws in UK has been categorised under Private law which deals with the civil matters and
Public law which deal with the criminal matter jurisdiction (Wan, 2019). The meaning and
characteristics of public and private law are further explained as:
 Public law: It is mainly concerned with the relationship between the state and its
citizen which is being regulated by the criminal law as it usually proceed in the name
of the state and victims represented as a prosecution. There is a punishment imposed
on the individuals who are guilty or get convicted. The characteristics are:
 The aim is to deter the crime by punishing through fine or conviction or both.
 An accused is prosecuted by the state which was held in R v Adams, 2020.
 The burden of proof is on the state who has to prove it beyond reasonable doubt.
 The process of hearing is known as trial which is conducted in the Magistrate Court.
 Private law: It is strongly concerned with the rights and liabilities of an individual's
towards one another which is based on the concept of privity of contract. The state is not
directly involved in the dispute rather they frame the legislations which regulate or
govern the matters in court or tribunals. It is also known as civil law and following are
the characteristics of it:
1. The purpose is to enforce the rights of the citizens.
2. Claimant would sue the defendant to enforce it's rights which was held in Donoghue v
Stevenson, 1932.
3. The burden shifts with the balance of probability and mostly relied on the claimant.

4. The process of hearing is known as litigation which is conducted in the County Court and
damages & injunctions are the remedies to it.
(iii) The three different legal systems prevailing in UK are:
 English Legal System: This particular system is the common law of the England and
Wales which mainly includes the passing of legislations by the state government and
the important precedents which are created through the landmark case laws.
Under this legal system, the laws are classified into civil (private) law and criminal
(public) law respectively. The purpose of criminal law is to deter crime with the help
of threat of punishment which consists of two parties that is, the state and the accused.
Accordingly, the burden of proof is on the state where accused may or may not be
guilty. On the other hand, the purpose of civil laws is to help citizens in enforcing their
rights.
The courts and tribunals involved under this system are County Court, Court of
Appeal, High Court and Supreme Court. The source of law include case law which is
made by courts and the legislations made by parliament which is considered as the
primary source of law for the entire nation that is, UK.
 Scottish Legal System: This specific system is the legal system of Scotland containing
the elements of civil and common law elements consisting of its own jurisdiction &
judicial system.
The criminal law in Scottish is considered as a hybrid system for common law which
are sourced from many cultural groups associated with the history of Scotland. The
sources of law in this legal system are recognised as four legal precedents, legislation,
custom and specific academic writings. Legislations that are meant to be affecting
Scotland are passed by either United Kingdom parliament and Scottish Parliament. The
courts in Scotland are divided into civil courts and criminal courts wherein the former
include justice of the piece courts, sheriff courts and high court of the judiciary while
the latter includes sheriff court, court of session and specialist courts.
 Northern Irish System: This legal system prevails in the Northern Ireland which was
parted away in 1921 and after that have its distinct jurisdiction. It comprised of
different statutes and common law operating there.

Answer 2
(i)
In English Legal System, the sources of law are described as primary and secondary sources of
law which are as follows:
Primary Sources of Law: This is the sources of law in the English legal system which cover the
following law:
 Legislation Law: This is the law which is created by the act of parliament or statutes,
statutory instruments, order in council etc. This is approved by the parliament in the form
of legislation.
 Case Law: The another primary source of law is case law which is created by the court.
In this, the decision of the higher courts or the court of records have been passed which
have to be followed as well as applied by the less senior courts.
Secondary Sources of Law: The secondary sources of law include which is a system used in
many part of the English speaking. This includes:
 Textbooks and commentaries written by legal writers.
 The opinion given by the legal experts.
 Lastly, the decision of courts of other jurisdictions (Terziev, Petkov and Dragomir, 2018).
(ii)
The sources of law identified above is case law, legislation law and the common law. Hence, the
characteristics of each sources of law along with examples are as follows:
Case Law:
 This is the law which is based on the juridical decision rather than constitution.
 This law covers the unique disputes and cases which is resolved by the court after
identifying the concrete facts of the case.
 This is the case where court can use the previous court’s decision when the same case
have been presented in the court.
 For example, Donoghue v Stevenson [1932], Dudley and Stephens, 1884 (Derrett, 2021).

Legislation Law:
 This is the law which is basically enacted and enforced by the legislation organ of the
government.
 Certainty, formality and complexity is the main characteristics of the legislation source of
laws in English legal system.
 This laws are acceptable in the society and applied consistently.
 For example, Contract Act, Employment Act etc.
Common Law:
 This is also one of the source of law which is the collection of precedents.
 There is no codified or written constitution under the case law as a source of law.
 Under this law, the judicial decision made by the highest court can be considered or
usually reversed only by the same court or law. No other court or law can have right to
revered the judicial decision made by their court.
 This is the case in which judge does not investigate the facts but act as an umpire while
making decision (Derrett, 2021).
 For example, Law on murder, manslaughter.
(iii)
Impact of respective laws on the multilingual organization:
The respective laws such as legislation act, case law and common law has negative impact over
the multilingual organization. The multilingual organization is an organization which basically
deals in different language and high language diversity. So, the impact of the laws of the
multilingual organization is such that they face difficulty in policies formation in the different
language, employee contribution etc. It is because there are many languages in which they need
to frame policies (Tsagarakis and et.al., 2020).

Answer 3
Impact of Employment law on commercial organization in UK
The chosen law is the employment law which is designed for the protection of rights of
employees and accordingly covers each and every aspect of the relationship between employer
and employee. It is necessary for the employer to be abide by the several rules & regulations
made under employment law in order to avoid costly claims imposed by employment tribunal. In
UK, government resort to employment legislation in an attempt to regulate the behavior of
businesses in terms of preventing them from exploiting people. Therefore, employment law
protects the workers that are being employed by businesses.
The following characteristics of UK employment law indicates how it affect the commercial
organizations within the UK.
 Employment law is a piece of government legislation designed for the protection of
employees from being exploited. Accordingly, there are many areas under employment
legislation which forms the basis of rights available to employees in the workplace,
which involves:
o Provision of prescribed level of time off when sick is the statutory rights of
employees which is necessary for the employer to be abide by. Also, employees
cannot be asked for working more than 48 hours per week and must be entitles to
a minimum of 56 weeks per year as holiday. Further, one day off must be given
each week. Accordingly, employers are required to follow working time
regulations which places restriction on the number of hours the employees are
expected from their respective employers to work (Freedland, 2020).
o Employees have the right not to be get discriminated on the ground of religion,
gender, disability, sexual orientation, and race. Accordingly, with regards to the
Equality act, employers must prevent discrimination at workplace and accordingly
equal pay rates should be offered to employees doing similar jobs.
o A minimum wage standard has been designed under employment legislation to
ensure that employees must receive no less than that of the minimum level of
wages.

o Employers must ensure that they have provided their employees with ideal
working environment in terms of safe working conditions. This is done to keep
employees safe within the organization along with protecting them from unfair
dismissal.
o It is necessary for the employer to provide employees with the contract of
employment. Also, the law shows what employer cannot do or can do while
recruiting employees for the particular role. The contract should cover the details
with regards to payment, holidays, duties, responsibilities, notice period and many
other terms of employment necessitates by the law.
o It is necessary for the employer to be abide by the provisions of data protection
act 1999 while handling the information pertaining to their employees (Teague
and Donaghey, 2018).
o Also, the employment law within UK provides protection to the employees from
unfair dismissal by considering the reason for which the employee is leaving. To
avoid the situation of unfair dismissal, contract of employment stating contractual
conditions are taken into consideration.


REFERENCES
Books and Journals
Freedland, M., 2020. Employment Law Revisited. Dalhousie LJ, 43, p.515.
Teague, P. and Donaghey, J., 2018. Brexit: EU social policy and the UK employment
model. Industrial Relations Journal, 49(5-6), pp.512-533.
Habibnezhad, S. A., Ameri, Z. and Hosseini, M. J., 2021. The Emergence and Meaning of the
Constitutional Conventions in the Legal-Political Systems of Iran and the United
Kingdom. Journal of Comparative Law. 8(1). pp.111-138.
Wan, W. Y., 2019. Enforcing public takeover regulation: Reconciling public and private
interests. SacLJ. 31. p.285.
Terziev, V., Petkov, M. and Dragomir, K., 2018. The'Source of Law'Category. Proceedings of
SOCIOINT.
Derrett, J. D. M., 2021. Justice, equity and good conscience. In Changing law in developing
countries (pp. 114-153). Routledge.
Tsagarakis, K. P. and et.al., 2020. A review of the legal framework in shallow geothermal energy
in selected European countries: Need for guidelines. Renewable energy, 147, pp.2556-
2571.