Classification of Laws, Sources of Law and UK Law Making Process: Employment Law

This report discusses the legal system in United Kingdom in detailed manner. Also, classified of civil and criminal laws had also been discussed through certain examples so that difference can be understood in the easiest manner. Further, role of high court and supreme court that had been discussed in detail. Also, process for legislation and delegated legislation had been investigated through certain examples. Lastly, statutory duties of employers towards its employees and unfair dismissal actions had been analysed in working of any organization.

Title

TABLE OF CONTENTS
INTRODUCTION............................................................................................................................3
MAIN BODY...................................................................................................................................3
Part 1: Classifications of Law.....................................................................................................3
Part 2 Sources of Law.................................................................................................................5
Part 3: UK law making process: Employment Law....................................................................5
CONCLUSION................................................................................................................................7
REFERENCES................................................................................................................................8

INTRODUCTION
Business law refers as commercial law that defines as the body of rules included with the
agreement, convention and governing that deals with person in the commercial matters. There are
three types of employment, business and intellectual laws (Alexander and Tippett, 2017). The
report discussed about the Classification of laws by identifying the respective legal system.
Moreover, explaining the source of law with case law and the process of making legislation with
its example. Further, Identifying the employment law with statutory duties and wrongful
dismissal and other actions that are dismissal by the UK law making process.
MAIN BODY
Part 1: Classifications of Law
The term law can be mainly defined as a framework or system of rules and regulations that are
adopted and implemented by a country or community altogether. Non-compliance of such laws
leads to penalties and punishments accordingly. The legal systems of UK are segregated into
three i.e. separately for England, Wales, Scotland and Northern Ireland (Marco Colino, 2019).
These are different constitutional laws that have different operational capacities and all the three
geographical regions need to comply to these constitutional laws and fall within the designated
jurisdictions. There are two main classifications of the English legal system such as:
Civil Law: Civil law involves two individual parties that are aggrieved and the party at fault
often compensates the other party. The cases related to property, personal matters such as
divorce or child’s custody, money disputes etc. are fought in Civil courts. The case is usually
initiated by the aggrieved party which is known as plaintiff.
Criminal Law: The criminal law on the other hand includes those offences or crimes which are
claimed to harm the society and people in general. There are varying degrees of punishments that
are imposed on the party committing crime and deals with serious issues such as murder,
robberies, rapes, assaults etc. (Lorenzon, 2020).
The court system in England is also vastly developed and includes a pre- identified hierarchy of
courts. The relevant courts that can be identified are as follows:

Figure 1: Court Structure of UK
Source: Baker, 2020
Supreme Court: This is the last court of appeal for all cases fought in UK whether they are of
criminal nature or of civil nature. Also those cases which affect a high proportion of population
or holds certain constitutional importance are fought in Supreme court only where it’s final
decision becomes the rule that cannot be challenged (Freedland and Dhorajiwala, 2019).
Court of Appeal: Amongst the senior courts identified in England and Wales, the Court of
Appeal is the highest court and second in authority only to Supreme court. There are two
divisions in the form of Criminal and Civil where criminal division hears appeals that are
criminal in nature and also those from the Crown court. The Civil division takes decisions on
cases from County Courts, Family Courts and High court.
Crown Court: Crown court oversees cases that are of criminal intent and operates in
coordination with the High court and Court of Appeal (Strickson and De La Iglesia, 2020).
High Court: This court mainly deals with the cases that are non- criminal i.e. civil in nature.
There are three broad divisions in high courts i.e. Family, Chancery and Queen’s bench division.

Part 2 Sources of Law
Case law mainly refers to that particular law which is derived directly from the decisions taken
by the court. Such case laws are mainly derived from the constitutional acts, statutes and even
common laws. In case of conflict between the case law and the common law, in case of conflicts,
the control is taken over by statutes.
The process of developing legislation can be ascertained in following manner:
 Bill: This is a legislative draft that is proposed in the houses and has to be approved in
several stages thus ultimately becoming law.
 First Reading: This is a formal stage where the name of bill is announced in the Lords.
 Second Reading: Here, main discussion and debate ensues where all the areas are
discussed and main areas of concerns are identified thus creating the scope for potential
changes (Young, 2017).
 Committee Stage: Here line by line scrutiny takes place and voting is done to implement
the proposed changes.
 Report Stage: Here, bill is examined in further detail and all the further amendments or
changes are proposed.
 Third Reading: This is the final reading containing last chance to propose changes.
 Amendments: Changes made by Lords is sent to the Commons which they can either
accept, further modify or reject. This is again sent back and forth between both the
houses and the process is known as Ping Pong (Ristroph, 2020).
 Royal Assent: After mutual agreement of both the houses, bill gets approved and the seal
of monarch is implemented thus making it law or an Act.
Hence, this is the complete process of making a bill as an act i.e. law.
The term Delegated Legislation basically indicates those laws or rules that are made by
any government minister, any entity or a delegated person but such laws are not legally
recognised by the parliamentary acts (Baker, 2020). For example, the emergency powers that are
brought into force by the ministers is an example.
Part 3: UK law making process: Employment Law
Statutory Duties of Employers to their employees

There are different types of statutory duties that are need to be fulfilled by the employers
towards its employees such as employer has to ensure that appropriate care is taken and thus this
requirement that safety precautions are maintained at the place. Moreover, employee need to
ensure about there is no age discrimination, harassment and bullying to any of the employees at
the workplace and all individuals are given equal to pay. Also, employees need for pay at least
minimum wages and provide them clean and safe working environment.
Moreover, certain amount of paid holiday also needs to be provided and also statutory,
maternity, paternity, sick leaves shared parental leave etc. need to be provided to those workers
that eligible and are always ready to give best outputs for the company. Also, there is statutory
right to employer of offering employees rest period on routine basis for approximately twenty
minutes in those days when they work longer for more than five hours (Anderson, 2020).
Employer also need to ensure that all the materials, plants and equipment are safe to use and
operate. It also needs to make sure that flexibility and working hours are given to those
employees who cannot perform due to certain circumstances or complexities.
It is also provided right to take for the legal actions also provide the workplace that are
free from the recognized hazards that can be comply with the standards, regulation and rules.
For example, in an organisation there are several duties which are very important while
practicing such as prevention of risk to the health, making the safe workplace so that employees
can able to understand the environment at safe place. In an organisation there were more
potential hazards are needed in order to give the information, training and instruction (Belas and
et.al., 2019).
Wrongful Dismissal and Unfair Dismissal Actions
Wrong dismissal is the breach of employment contract so that can be in the form of either
violation of notice period or termination of specific task contract before its expiry. On the other
hand, unfair dismissal occurs when the employee continues to give three years of service with
the organization and establish three limb tests had not been satisfactory when at the time when
they are dismissed. The first limb related to giving the five fair reasons for the dismissal such as
capability, conduct, redundancy etc. and if the employee is not been dismissed for any of the
reasons than it will be considered unfair reasoning.

The second limb is based on the conduct done by the employer on the basis of resources
and size, identifying whether fair practice was followed in respect to the employer dismissal and
whether the decision of dismiss was done on basis of reasonable responses (Cameron and
Pagnattaro, 2017). Moreover, if dismissal is happened than the amount of compensation will be
reduced as accordingly. Also, if there is any wrongful dismissal done by the employee than it is
responsibility of the employer to pay all the damages to the employee and put them back at the
position they were working earlier. Beside this, the employer has right to dismiss the employees
if they find that they have committed any gross misconduct, they had poor attendances or their
performance during the probationary period was not up to the mark to continue the particular job
or task in the future.
Further, these legislations are required due to several complexities and contingencies that
are present in the law are to be dealt. Also, when legislation has much pressure of work on that
time than it is helpful. Further, the legislators in the current era lack the technical knowledge that
is required to carry out modern legislation (Sternlight, 2019). Such as, Copyright Act 1968
authorizes the copyright, fisheries department that is responsible that making fisheries
regulations that contains all the notices and penalties in context to variety of fishes that can be
caught, specifying the licence requirements, opening seasons for the fishes etc.
CONCLUSION
From the above report it can be concluded that laws are very necessary to control the
operations of any country. There are many laws that are made by the UK government for
ensuring that right decisions can be taken on time. Moreover, the report described the legal
system in United Kingdom in detailed manner. Also, classified of civil and criminal laws had
also been discussed through certain examples so that difference can be understood in the easiest
manner. Further, role of high court and supreme court that had been discussed in detail. Also,
process for legislation and delegated legislation had been investigated through certain examples.
Lastly, statutory duties of employers towards its employees and unfair dismissal actions had been
analysed in working of any organization.

REFERENCES
Books and Journals
Alexander, C.S. and Tippett, E., 2017. The hacking of employment law. Mo. L. REv., 82, p.973.
Anderson IV, R., 2020. Path Dependence, Information, and Contracting in Business Law and
Economics. Wis. L. Rev., p.553.
Baker, J.H., 2020. Criminal courts and procedure at common law 1550–1800. In Crime in
England 1550–1800 (pp. 15-48). Routledge.
Belas, J. and et.al., 2019. The impact of the public sector on the quality of the business
environment in the SME segment. Administratie si Management Public.
Cameron, E.A. and Pagnattaro, M.A., 2017. Beyond millennials: Engaging generation Z in
business law classes. J. Legal Stud. Educ., 34, p.317.
Freedland, M. and Dhorajiwala, H., 2019. UK response to new trade Union strategies for new
forms of employment. European Labour Law Journal. 10(3). pp.281-290.
Ismatullayevich, S.I. and Bulturbayevich, M.B., 2021. DEVELOPMENT OF SMALL
BUSINESS AND PRIVATE ENTREPRENEURSHIP IN THE ECONOMY OF THE
REPUBLIC OF UZBEKISTAN. Academicia Globe: Inderscience Research, 2(6), pp.419-
425.
Lorenzon, F., 2020. Brief reflections on the regulation and implementation of maritime safety in
the UK. In Maritime Safety in Europe (pp. 122-132). Informa Law from Routledge.
Marco Colino, S., 2019. Competition Law of the EU and UK.
Ristroph, A., 2020. Criminal law as public ordering. University of Toronto Law
Journal, 70(supplement 1), pp.64-83.
Saba, C., 2019. Employment Law Violations. Am. Crim. L. Rev., 56, p.759.
Schwab, S.J., 2017. Law-and-economics approaches to labour and employment
law. International Journal of Comparative Labour Law and Industrial Relations, 33(1).
Sternlight, J.R., 2019. Mandatory Arbitration Stymies Progress towards Justice in Employment
Law: Where to:# MeToo. Harv. CR-CLL Rev., 54, p.155.
Strickson, B. and De La Iglesia, B., 2020, March. Legal judgement prediction for uk courts.
In Proceedings of the 2020 The 3rd International Conference on Information Science and
System (pp. 204-209).
Young, S.N., 2017. Enforcing Criminal Law through Civil Processes: How Does Human Rights
Law Treat Civil for Criminal Processes. J. Int'l & Comp. L.. 4. p.133.