Classification of Laws and UK Law Making Process

This report discusses the classifications of laws and defines the legal system in the UK. It also includes the laws in English legal system and their roles with examples. At last, it defines the different sources of law and UK law making process and explains in detailed manner.

Business In Practice

TABLE OF CONTENTS
INTRODUCTION...........................................................................................................................3
MAIN BODY...................................................................................................................................4
Part 1: Classifications of Law..........................................................................................................4
Define laws and identify the respective legal systems in the UK................................................4
Explanation with examples the following as means of classification of laws in the English Legal
system..............................................................................................................................................4
Explanation of the role of the following Courts in the English Legal system.................................5
High Court...................................................................................................................................5
Supreme Court.............................................................................................................................5
Part 2: Source of law........................................................................................................................6
Explanation of Case Law as a source of laws..............................................................................6
Explanation of the process of making Legislation-.....................................................................6
The meaning and examples of Delegated Legislation-................................................................7
PART 3: UK law making process....................................................................................................7
Statutory Duties of Employers to their employees-.....................................................................7
Wrongful Dismissal and Unfair Dismissal Actions-...................................................................8
CONCLUSION................................................................................................................................8
REFERENCES................................................................................................................................9

INTRODUCTION
Business law is a corporate body of law which keeps considering their rights, relations
and delivers the appropriate duties and power to an individual business enterprise. This business
law is also known as commercial laws which are made by the government to implement the
accurate form of ethics and principles to maintain a discipline in conducting a business activity
(de Fontenay, 2018). The current report will illustrate the classification of laws and defines the
legal system in the UK. Also, it will include the laws in English legal system and their roles with
examples. At last, it will define the different sources of law and UK law making process and will
explain in detailed manner.
MAIN BODY
Part 1: Classifications of Law
Define laws and identify the respective legal systems in the UK
Laws simply defined as the system of rules which each country implement and practise to
avoid the misconducts and negative results from any particular activity which affects and harms
the society. In other words, a set of rules and regulation which are created by government and
courts for the betterment of the society and public safety. Each and individual country has their
own legal law system where they had created many and different laws to protect the citizen of
their country and can support them to get their rights (Chalkidis, Fergadiotis and et.al., 2019). In
UK, the legal system is divided into three separate legals where one each for England and Wales,
Scotland and Northern Ireland. However, the England and Wales legal system operates a
common law which combines the passing of the legislation and creates certain precedents
through case law. Whereas, Scotland legal system is a hybrid, and combine the common tradition
law. Accordingly, Northern Ireland is similar to England and Wales and partially derives from
same sources.
Explanation with examples the following as means of classification of laws in
the English Legal system
a) Civil Law: A legal system which is concerned with private relationship between members of
community. In general, this law is made by the government to solve the disputes between two
organization and individual where the appropriate result can be obtained. For example, disputes

for property, money, housing, divorce and even custody of child. This law protects the rights of
an individual and organization to make get the correct impact and result and can satisfy both
parties. Civil law is important to be created in particular country because it helps and supports
the business society and public to get the rights and power with legal obligations and
responsibility. In civil laws cases are imitated by a private party where the result are usually
decided by the judge and punishment almost consist of a monetary and never exist of
imprisonment.
b) Criminal Law: Criminal laws are made for the crimes which occurs in society and harms an
individual. This law is claimed against the person who are murders, performed assault, theft and
drunk driving cases (McCubbin, 2018). In general, the criminal laws deals with the crimes which
are performed against the society where the courts and judges has a right to announce a legal
punishment for these criminal people for the rights of an individual. Criminal laws associated
with the serious crimes like rape, harassment, robbery and murder as well. In these kinds of
cases, plaintiff have to file the case before going to court rather than directly going to police and
courts. The crime should be invested by the police and officers and then plaintiff can move their
case to courts. For these cases, the courts take the decision after getting the proves and
statements of both the parties plaintiff and defendant and then announce the result in favour of
legally right person and punish the person who founded guilty.
Explanation of the role of the following Courts in the English Legal system
High Court
High court is the third highest court in the country UK where it deals with the civil cases.
In high courts, usually there is only single judge who heard the cases but certain types of
hearings has been conducted such as criminal appeals and judicial review cases. The people who
are not satisfied with the decision of the local courts they file the case in high courts for the
better and correct decision. High court hears the more serious and complex civil and family cases
and takes the decisions accordingly (Pratiwi, Steven and et.al., 2020). Also, this court is divided
into three divisions which are Queen's bench, Chancery and Family. In Queen bench division,
approximately 70 judges sit and deals in special matters such as judicial review. Most of the
cases are related to employment appeals where the discussion has to be taken in appropriate
manner.

Supreme Court
The supreme court is the highest and final court of appeal and plays an important role in
the development of United Kingdom. This is the final court in the hierarchy of courts in
legislations and decision which is taken by this court has to be accepted by each and every
individual. In this court, all kinds of appeals heard by the judges like civil, criminal and all cases
originating in England, Wales and Northern Ireland. In this kind of court, the cases which are
very serious, sensitive and concentrated with the greatest public has been undertaken in supreme
courts of appeal. Supreme courts hears arguable points of law and gives the importance of the
whole public population and takes the decision for the welfare of the society and population of
entire UK.
Part 2: Source of law
Explanation of Case Law as a source of laws
In sources of law, one the law which is “case law” made by the judiciary for taking the
appropriate decisions and welfare of the public (Minchin, 2020). Case law are common laws
which are happened in pastime and judges takes the decision based on previous similar cases at
present time. It is important to maintain the element of predictability in juridical relations and
helps the judges to take the decision in appropriate manner. For example: R v Dudley and
Stephens, 1884.
Explanation of the process of making Legislation-
The chief function of the Congress is considered as making of the laws. The legislation
process is comprised of the number of the steps such as-
First Reading: At this initial stage, the bill is written which is Known as the drafting. The bill is
ensured that it is written carefully. The person who is bringing the bill then announces that the
process of making the bill into the law will be starting this in announced in House of Parliament
which is known as first reading.
Second Reading: At this stage, the bill is thoroughly explained which involves the debates
regarding the bill. After this the voting is conducted and for passing, the bill must receive at least
half of the votes for getting forward.
Committee Stage: At this stage, the details of the bill are reviewed and suggests the changes if
required as these are known as the amendments. These has to be voted by both of the houses of
the parliament (Atkinson and et.al., 2018).

Report Stage: Then, the committee of the parliament prepares the report on the bill and if the
amendments are made then these are explained.
Third Reading: After the committee reports again to the house, then there conducts the third
reading. As on this stage, the another voting is conducted for the bill and the house decides
whether they wants the bill with the amendments for becoming the law.
Moving to other house: After the bill is passed through both houses of the parliament then it is
moved to another house. The amendments are made by the another house and this is again
passed back to the original house with amendments which are made. The amendments which are
made has to be agreed by both of the houses (Benstead, Hendry and Stevenson, 2018).
Royal Assent: The final stage is to get the approval of Monarch that is approach from The
Queen the head of the state which gives the royal assent to the bill. Then the bill becomes the Act
of Parliament.
The meaning and examples of Delegated Legislation-
Delegated legislation or the secondary legislation can be defined as the law which is not
enacted by the legislative assembly that is by the UK Parliament but it is made or proposed by
the minister of the government. This means this law is made by the delegated individual or any
of the unauthorised body under which the powers provided to them by Act Of Parliament. These
are used for the various purposes such as fixing of the date on which the Act of Parliament will
be coming into the force, setting the fees for the services provided to public and many more. For
example, they can formulate or make the laws for the public utility authorities for the water, light
and many more.
PART 3: UK law making process
Statutory Duties of Employers to their employees-
There are various statutory duties as well as the responsibilities of the employers to the
employees within the organisation. As soon as the person becomes the staff member of the
company they are having the certain rights. These rights are associated with the health and
safety, terms and conditions of the employment, pay more and many more. The responsibilities
towards the employees are such as-
 Paying employees at least according to the national minimum wage.
 The employees must be provided with the actual and correct payslip which should
include all the details (Gooberman, Hauptmeier and Heery, 2019).

 Providing the employees clean, safe and healthy working environment.
 Must offer daily rest time to employees of at least 20 minutes if they are working for
longer hours.
 Ensure of providing the certain amount of the paid holiday each year to them.
 Offering them the workers sick pay, statutory redundancy pay, parental leaves and many
more.
 The employees must be protected from any of the discrimination within the workplace.
 The employers must pay attention towards protecting the employees from any of the
thing which can cause harm to them.
Wrongful Dismissal and Unfair Dismissal Actions-
Wrongful dismissal is where the companies breaks the contract of the employees in the
dismissal process. There is rule that employees must make the claim for any of the wrongful
dismissal within the Employment Tribunal over the 3 months from the date of effect of the
termination of their employment. There does not requires the length of the services of any
wrongful dismissal as it is against the contract claim. It is basically the contractual right and it is
the dismissal which is in the breach of the employee contract. The following kinds of the
breaches which are involved in the wrongful dismissal are such as-
 Breaching of the notice term it can be in expressed form or in implied form
 Termination of the fixed term before its expiry
 Breaching of contractual disciplinary
The unfair dismissal is action in which the employer terminated the employment of their
employee on the unfair practices such as harsh, capricious as well as the indistinct and without
any of the valid reason. Employees has the right of claiming the unfair dismissal if they are
working for the qualifying period till the employees are claiming for any of the automatic unfair
reason (Sotamenou, De Jaeger and Rousseau, 2019). If it has been identified by the tribunal that
the employee is conducting any of the unfair dismissal this may fined to the penalty.
CONCLUSION
From the above report it can be concluded that it is very important for the employers or
the companies to avoid any of the unfair and wrongful dismissal towards the employees. The
employees has the right for claiming for such dismissals and this impacts the image of the

organisation. The above report has discussed the classifications of the laws as civil law, criminal
law and many more. Along with this, the process of making legislations as well as the wrongful
and unfair dismissals within the organisations has been discussed within the above report.

REFERENCES
Books and journals
Atkinson, G., and et.al., 2018. Environmental valuation and benefit-cost analysis in UK
policy. Journal of Benefit-Cost Analysis, 9(1), pp.97-119.
Benstead, A.V., Hendry, L.C. and Stevenson, M., 2018. Horizontal collaboration in response to
modern slavery legislation: An action research project. International Journal of
Operations & Production Management.
Chalkidis, I., Fergadiotis, M., and et.al., 2019. Large-scale multi-label text classification on EU
legislation. arXiv preprint arXiv:1906.02192.
de Fontenay, E., 2018. Individual Autonomy in Corporate Law. Harv. Bus. L. Rev., 8, p.183.
Gooberman, L., Hauptmeier, M. and Heery, E., 2019. The decline of Employers’ Associations in
the UK, 1976–2014. Journal of Industrial Relations, 61(1), pp.11-32.
McCubbin, C.N., 2018. Brexit Blues: an explanation of how the UK legal systems protect colour
and how this may be affected by recent legal and political developments1. Journal of the
International Colour Association, 21, pp.36-51.
Minchin, G.E., 2020. Regina v Dudley & Stephens Anatomy of a Show Trial. Beijing L.
Rev., 11, p.782.
Pratiwi, S.J., Steven, S. and et.al., 2020. The Application of e-Court as an Effort to Modernize
the Justice Administration in Indonesia: Challenges & Problems. Indonesian Journal of
Advocacy and Legal Services, 2(1), pp.39-56.
Sotamenou, J., De Jaeger, S. and Rousseau, S., 2019. Drivers of legal and illegal solid waste
disposal in the Global South-The case of households in Yaoundé (Cameroon). Journal of
environmental management, 240, pp.321-330.
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