Report on UK Legal System: Classifications, Sources, & Employment Law

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This report provides a comprehensive overview of the UK legal system, beginning with a classification of law into civil and criminal categories, and further detailing the roles of the High Court and Supreme Court. It explores various sources of law, including case law, the legislative process, and delegated legislation. A significant portion of the report is dedicated to employment law, outlining the statutory duties of employers to their employees, such as providing a safe working environment and fair treatment, and examining wrongful and unfair dismissal actions. The report concludes by emphasizing the importance of fair labor practices and adherence to legal standards within the UK employment context. Desklib provides students with access to this and other solved assignments to aid in their studies.
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Table of contents
INTRODUCTION...........................................................................................................................4
Part 1................................................................................................................................................4
Classification of law....................................................................................................................4
Part 2................................................................................................................................................5
Source of law...............................................................................................................................5
PART 3: employment law...............................................................................................................7
Statutory Duties of Employers to their employees......................................................................7
Wrongful Dismissal and Unfair Dismissal Actions.....................................................................7
Conclusion.......................................................................................................................................8
REFERENCES................................................................................................................................9
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INTRODUCTION
Legal system contain the laws and regulation associated with the business venture that
needed to ensure by the organisation in any given situation. This report will discuss the
classification of law. Role different court will play in implication of laws and regulation will also
discuss in this report. Different sources of law will further elaborate in this project. Law making
process in United Kingdom is also a part of discussion in this project.
Part 1
Classification of law
Law is a system comprises with rules and regulation enforce through social or
governmental institutions to regulate the behaviour. The English legal system contain two
different types of laws and legal system such as civil law and criminal law. Civil law in United
Kingdom deal with both civil and criminal matters. The civil law contain a wide scope in United
Kingdom that support the people to deal with all different activities and functions that require
legal application (Dickson, 2019). This law deal with all the civil mater associated with the
normal people in society. The role of civil law is crucial as it is directly related to the people of
United Kingdom which further support in achieving the best level of culture of country. The civil
law contain action where something unethical or wrong is done with some particular individual
in society. This law directly related with the normal people or individual associated with society.
Henceforth, in order to establish peace in society this law require strong implications.
Civil law has a huge role in the overall legislative system developed and established by
the United Kingdom as this involve projection of the all different legal areas associated with the
courty. This law has a direct relation with the general people which allow the stakeholder to
carry the huge involve ion different part of the legal structure of United Kingdom. This can be
projected that this legal structure or system play a crucial role order to deliver the peaceful
culture and environment in United Kingdom. All the cases such as fraud related, threat related
and all other are dealt with support of this legal practice (Bloemraad and Sheares, 2017). Thwe
civil law structure is such that all the complex cases are dealt by the high court and all other
cases are dealt in an easy and convenient way by the court. This legal structure and system is
effectively dealt by the court as this has clearly classified that the major emphasis of the legal
system is to speedy and fast-forward way of resolving all the issues face by the legal system. In
any country the majority of the cases are considered as civil as they are belonged to the normal
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people or general people live in the country. Hence the system is classified in well structured
where all cases are clearly demonstrated into the high court system and the lower tribunal
structure of country.
Criminal law
Criminal law offences are usually considered as a common law offences in United
Kingdom. England and Wales criminal conduct is considered as a wrong act against the
humanity and society. There are a total of four type of criminal law in United Kingdom such as
felonies, misdemeanors, inchoate offences and strict liability offences. In each of criminal
activity the court need to deice what kind of conduct should be processes in order to provide
justice against the criminal action that has been undertaken (de Montagut and Ripoll, 2021).
There are the total of svene core and major principle belong to the criminal law such as legality,
actus reus, mens rea, fusion of actus reus and mens rea, harm, causation and stipulation of
punishment. All these are the core values and beliefs that is addressed every time any case of
criminal law is addressed by the court.
High court
The high court in United Kingdom play a crucial role in dealing with the civil cases and
also the appeal that is made further in lower court to address the respective legal issues. There
are certain power also allocated to the high court which include writs of habeas corpus,
mandamus, certiorari, quo warrant and prohibition. All these are the maor power authorises to
the high court in United Kingdom.
Supreme court
Supreme court in United Kingdom play a significant role in the protection of fundamental
right of the people associated with the court. The supreme court contain a power for original
jurisdiction, appellate jurisdiction, protection of the constitution, power to interpret the
constitution, power of judicial review, court of record and such like of powers are allocated to
the supreme court. This court play a very crucial and fundamental role in channelising the legal
practices in effectively and best way possible. The role of supreme court is major is establishing
a peaceful and a very decent legal environment in country.
Part 2
Source of law
Cases law as a source of making legislation
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Cases law is among the major source of establishing the legislative implication in
country. This is about to prepare the legislation on the basis of the previous cases that are
recorded and also identify the respective legal regulation that could offer better form of
judgement in a particular case. This is a very serious source and legal process that is followed to
formulate and design the legal system and structure in country (Abdullah, 2017). In most of the
cases when the legal rule and regulation is designed the court always look after to previous cases
and actual practical reality while formulating and designing the respective law or act. This is a
very important source for preparing the laws in country.
Process of making legislation
Once the law has been designed and identified in the country the court follow the certain
steps that is taken to implement the law in action. The bill is drafted at the primary level. This is
the first step that is taken when the bill is drafted and design. Once the draft is prepared bill is
introduced in front of the respective authority. The bill goes to committee is the third step.
Subcommittee further review the entire bill. All the chamber member vote for the bill. Referral is
done with the b ill to other chamber (Gâlea, 2020). In the end bill goes in front of the president.
All these are the key practices and steps that is taken to process the bill further and convert it into
the legal law. Every single law made in United Kingdom followed this particular practice. As
this could cover all areas and aspect that is required to design and implement the law at the same
time.
Delegated legislation
Delegated legislation is another way to implement a certain law in the country. This
involve implementing a certain regulation by not possessing by the court rather introducing by
the government itself. In some serious situation and condition government also hold the power to
implement certain rule that was immediately required to overcome the respective situation. This
play a crucial role for the government to clearly understand the situation and implement a certain
regulation for a certain time frame (Harawa, 2021). Delegated legislation is implemented for a
certain time period to control, the particular situation and once the respective situation get
normal government further prohibit the respective implication. This is a very famous way to
process the law as it take a certain time to process the law into action. This practice is to
overcome the respective time frame and overcome the particular immediate situation.
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PART 3: employment law
Statutory Duties of Employers to their employees
The major duty of the employer is to make sure that they provide safe working environment to
their employees (Westrope, 2018). Getting safe workplace is the right of the employees. This
also motivates employees and also helps in retaining existing employees. If employee will feel
safe than only they will be able to work with their full energy. Employers should have provide
first aid facilities to their employees if they are working at constructional areas. When employees
works at construction sites then they are more prone to damages. They can hurt themselves. So it
is essential to have first aid facilities everytime. With the help of first aid employee will get
immediate treatment for their wounds or cuts and than afterwards they can consult doctor.
Employer of the company should also have ensure that plants or any kind of machinery which is
used by their employee should be safe. If any repair which is needed in the machine should have
done immediately so that no employee can get hurt (Secunda, 2019).
Employer should have consider every employee equal. Employees can never get discriminated
on the basis of age, colour, religion, caste, race, gender etc. the only criteria for judging
employees must be based on their performance and no other criteria should be entertained by the
employer. It is also the duty of employer to give pay to their employees as per the work.
Employer should never pay less their employees because it is unethical practice if the employer
pay their employee less and not as per the work. Another important think is to provide adequate
rest time. Employees are also human being and they are not machine (Hudson, 2018). So
employer should have gave them proper rest time so that they can take rest and can work with
their full efficiency. Provide supervision and training and development to the workforce. Proper
training must be provided to them so that they can understand their job role and also develop
advanced skills and knowledge of completing their job role. Although training is expense for the
company but it is the one time investment only because afterwards it will give fruitful results to
them.
Wrongful Dismissal and Unfair Dismissal Actions
As per the common law, Wrongful dismissal is considered as the breach of employment
contract (Delgado, 2018). Under this company terminates the employees without giving
satisfactory reason to them and employee is also not asked to serve the notice period. Sometimes
employee do not know that for what reasons company have terminated him or her. It is against
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law because no company can terminate their employees without telling them the exact reason for
termination. Sometimes employees are also got terminated by the company because they had
misbehave and also employee did not get the chance for providing justification.
In the case of unfair dismissal means when employer of the company terminates their workers
on the ground of unfair which are indistinct, harsh or sometimes they have no reason (Taylor,
2018). In simple language employee gets terminated from the organisation without knowing the
exact reason of their termination. This is very bad because employees have the right to know that
why employer is terminating him or her.
Conclusion
Through this report it can be concluded that report has discussed classification of law in detail
which has explained law of the UK legal systems along with their civil and criminal law. report
has also evaluated case laws and the process of making legislation. Report has analysed
employment law. Employer should have treat their employees equally. Respect is the right of
everyone so employer should have gave proper respect to their employee. It is also necessary that
employee should have get fair remuneration and healthy workplace which is safe. unfair
dismissal action is when employer terminate their employee without revealing the exact reason
while Wrongful dismissal action is said to be as the breach of employment contract.
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REFERENCES
Books and Journal
Abdullah, S., 2017. To what extent will Brexit have an impact on employment law regarding
Bloemraad, I. and Sheares, A., 2017. Understanding membership in a world of global migration:
(How) does citizenship matter?. International Migration Review. 51(4). pp.823-867.
de Montagut, T. and Ripoll, P., 2021. Pactism in Catalonia: A Dual Conception of the Political
Community. Journal of Catalan Intellectual History. 12(1). pp.8-24.
Delgado, R., 2018. Words that wound: A tort action for racial insults, epithets, and name calling.
In Words that wound (pp. 89-110). Routledge.
Dickson, B., 2019. The ECHR’s Influence on Convergence between Common Law and Civil
Law Systems. Common Law and Civil Law Today-Convergence and Divergence. p.263.
Gâlea, I., 2020. The Relation between Treaties and the Constitution of Romania: Recent Case-
Law of the Romanian Constitutional Court. Revista română de drept internațional. (23).
pp.80-95.
Harawa, D., 2021. The False Promise of Peña-Rodriguez. California Law Review, Forthcoming.
Hudson, D., 2018. Workplace harassment after# MeToo. Queen’s University Industrial Relations
Centre (IRC).
Secunda, P.M., 2019. The employee right to disconnect. Notre Dame J. Int'l Comp. L., 9, p.1.
Taylor, S., 2018. Resourcing and talent management. Kogan Page Publishers.
Westrope, E., 2018. EMPLOYMENT DISCRIMINATION ON THE BASIS OF CRIMINAL
HISTORY. The Journal of Criminal Law and Criminology (1973-), 108(2), pp.367-398.
Equal Pay in the UK? (Doctoral dissertation, Cardiff Metropolitan University).
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