Classifications of Law and Sources of Law in Business Law

This report explains the classifications of law and sources of law in business law, including the English legal system, case law, and law-making process in the UK. It also covers statutory duties for employees and wrongful and unfair dismissal actions.

BMP4002 BUSINESS LAW

TABLE OF CONTENT
INTRODUCTION...........................................................................................................................3
MAIN BODY...................................................................................................................................3
PART 1: Classifications of Law......................................................................................................3
Defining laws and the identification of the respective legal systems in UK:..............................3
Explanation of the means of the classification of the laws with the English legal system:.........3
Explanation of the role of the courts and English legal system:..................................................4
Part 2: Source of law........................................................................................................................5
Explanation of the case law:........................................................................................................5
Explanation of the process of making legislation;.......................................................................5
The meaning and examples of the delegated legislation:............................................................6
Part 3: law making process for the United Kingdom.......................................................................6
Statutory duties for the employees for the side of their employers:............................................6
Explanation of the wrongful dismissal and unfair dismissal actions:..........................................7
CONCLUSION................................................................................................................................8
REFERENCES................................................................................................................................1

INTRODUCTION
Business law is defined as the commercial law that determines and implies the
establishment of various legal and law related bodies whose considerations are embodied under
the business law and Companies Act of times as mentioned. This report of business law will be
composed with classifications of law, in which different legal systems will be explained with the
help of their examples and how do these practices take place in the UK (Chinnasamy,
Ramachandran, and Soundharaj, 2022). The English legal system will be identified in course of
which explanation of its elements will be highlighted along with the sources of law and the law
making process. The process of how laws are made in UK under all the statutory duties involved
will also be elaborated.
MAIN BODY
PART 1: Classifications of Law
Defining laws and the identification of the respective legal systems in UK:
By the term laws, it can be understood as a rule if conduct or an action that is clearly
described and explained in the books and legal documents. These legal documents and the
established principles are mandatory to be followed and the failure to which can result in the
violation of legal and statutory precedents by the law.
There are three separate legal systems in UK, one each for England and Wales,
Scotland, and Northern Island. The area and region of histories, and retention of their own
legal systems and traditions are identified under the respective acts of Union 1707 and 1800.
The main justice system is one of the three branches of the nation and the role of other two
branches are termed as the executive, and the legislature also known as the two houses of the
parliament. All the three branches are responsible to play their own defined roles, as prescribed
by the constitution of UK, to avoid the spread of misconception between the houses. To maintain
the integrity of states and nation, the act of separation of powers is formulated.
Explanation of the means of the classification of the laws with the English legal system:
Civil law: this law helps in dealing with the cases where something wrong is done with the
particular individual or against the particular individual. Civil law works as the part of the
country's set of laws that are concerned about the private affairs of the citizens. For example: this

consists of the marriage, property ownership, etc. This law mainly focus on dealing with the
affairs that are related to the affairs of the citizens that are not comprising of the crime and
criminals (Cupido, 2019). The purpose on which the civil law works is to compensate. This law
helps in the protection of the rights of the individual and organization that to provide with the
right impact on the individuals and the result that comes out might be beneficial in satisfying
both the sides includes in the case. The civil law is important for the individuals as it helps by
giving the support to the businesses and the public in getting the rights and the legal powers that
consists of the legal obligations and the responsibilities. Under the consequences of the civil law
the cases are imitated by the private party where the result comes out on the basis of decision of
the judge and punishments are based on the monetary forms and the imprisonment is not
included in this law.
Criminal law: this law is made for crimes that takes place in the localities and harms the society
and the surrounding environment. The law gets claimed in the context of the person like murder,
theft, assaulter, and drink & drive cases. The criminal law deals with the crimes that takes place
in the society and the judge and the courts takes out the legal punishments and the obligations
related to the criminal and the defaulters of the crimes (Amatrudo, 2018). Criminal law is linked
with the commencement of the serious crimes like harassment, murder, robbery and rapes and
so-on. Under such condition the case is being filed by the side of the plaintiff by going in to the
police station on the direct basis. The crime done is then investigated and after that the case is
moved to the court and is handled by the judges and legal statutory bodies of the courts. The
decision is taken over by the court after getting all the proofs and legal statements related to the
case commenced from the side of both the parties. Then the final result Is announced by the
judge of the court in the relation to the legally correct individual and the person who is founded
in default is being punished in the legalized way of the legislation and the courts.
Explanation of the role of the courts and English legal system:
High court: the high court of the United Kingdom is considered as the third of the largest court
of the United Kingdom. It helps in the dealing of the civil cases and the appeals of the decisions
that are made by the low courts (Davies, 2018). The court is based on the royal court of the
justice, but this have some district registries in the England and Wales, under which almost all
the proceedings and the cases are heard and issued. This court is divided into divisions that have
the queen's bench, chancery and family.

Supreme court: the supreme court of the country is considered as the one of the final courts
that appeals in the UK for the civil cases and the criminal cases from the England, Wales and the
northern Ireland. This court hears out the cases of the greatest public and the constitutional
importance that are affecting the whole of the population (Hanretty, 2020). The whole of the
territory of the United Kingdom consists of around 12 supreme courts. Supreme court hears out
the points that are arguable points of law and that gives the importance to the interest of the
whole public.
Part 2: Source of law
Explanation of the case law:
Case law is made by the judiciary for taking the right decisions for the welfare of the public.
Case law includes the common laws which are based on the events of past and in present the
decision is taken on the basis of similar past events (Joshi, 2020). It is considered important to
maintain the elements of the predictability in juridical relations that helps the judge in decision-
making.
Explanation of the process of making legislation;
The process of making legislation includes the following steps:
First reading: the bill written as this stage is known as drafting. The person that brings the bill
announces process of making bill in law will start of with its announcement in house of
parliament that is called first reading.
Second reading: this includes the debate for the bill. After voting is being conducted for
passing, and the bill must qualifies with the half votes to go ahead (Baldini, Bressanelli, and
Massetti, 2022).
Committee stage: under this bill is reviewed and changes are made if required. This is done by
both the house of parliament.
Report stage: at this stage report for the bill is prepared by the side of parliament and if
amendments are made those are explained too.
Third reading: the another voting is done on this stage for the bill and the house decides for
need of the bill with the amendments.
Moving in the other house: after the bill passes from both the houses then it passed to the
another house. The amendments are made by other house and then It is passed back to the
original house for clarification. The amendments are to be agreed by both the houses.

Royal assent: this stage shows the approval from the monarch that is approached by the queen.
After all this the bill becomes legal.
The meaning and examples of the delegated legislation:
Delegated legislation known as the is termed as the law which is not enacted in the legislative
assembly of the main UK parliament, but it is formed by the minister of the government. This
demonstrates that this law is made by the delegated individual or one of the unauthorized or any
of the unofficial body of the legislation under whom the powers are provided to them for the act
of the parliament. These are used for the various purposes such as fixing of the date of the
operation under which the act of the parliament will be coming in to the action as per the act of
the parliament, this also includes the setting of the fees for the services that has been provided for
the use of the development of the public and other in that. For example: the law for the proper
use of the public services like the water, electricity and others can be made or bought in the
action or can formulate the law related to the use of the utilities.
Part 3: law making process for the United Kingdom
Statutory duties for the employees for the side of their employers:
There are numerous duties and responsibilities for the employees towards the side of their
employers in the workplace. By the time the individual becomes the staff member of the
organization they are assigned or have the legal rights in that organization (Sharma, 2020). The
rights that are related to the individual are linked to the health and safety of the individual, terms
and conditions of the employment in the firm, payroll activities and others. The responsibilities
that are based on the employees are as stated under:
 Providing the employees with the clean, safe and hygienic healthy working environment.
 Protection from any of the discrimination faced by any of the individual in the work
place.
 The employer must have its attention towards the protection of its employees from any
of the thing that may cause harm to them.
 Employer must try to retain the employees interest towards their organization.
 Must give them with the certain amount of paid holidays to them in each year.
 The employees must be provided with the actual and the correct form of the pay slips
that comprises all the details to the paying procedure of the employees.

 Employees must be given with the at least half hour of the break time to be relaxed in the
company if they are working for long hours on the continuous basis.
 Employees must be Offered with the workers sick pay, statutory redundancy pay,
parental leaves and others on and if required in the conditions.
Explanation of the wrongful dismissal and unfair dismissal actions:
Wrongful dismissal: Under which the company breaks out the employees contract in the
dismissal process, that condition is called the wrongful dismissal. There is the rule for the
employees that can be claimed by the employees for any of the wrongful dismissal in the time
period that they serve in the workplace after which the employees have the time of 3 months
from the day they have been affected by the termination of the employment opportunity (Bowal,
2021). The employees of the organization do not require with the length of services for the
wrongful dismissal as it comes against the contract that have been claimed by the employees.
There are certain breaches that comes under the term of wrongful breaches which are followed as
under:
 Termination of the fixed term before the expiry.
 Breaching based on the contractual disciplinary.
 Breach based on the notice term that might be in expressed form or implied form.
Unfair dismissal: unfair dismissal is called as the action that is taken over by the employer in
which the employer terminates the employees as some of the unfair activities might be
performed by them which might includes the harsh, indistinct or the capricious activities and that
to is done without any of the reason (Ghani, Razali, and Rasli, 2021). The unfair dismissal can be
defined as when the employee is dismissed from the job in the harsh, unjustified or unfair
manner. In such case the employees have the right to claim the unfair dismissal, that to based on
the working on the qualified span of time but till the employee have been claiming them for any
of the unfair means. If the things are identified that employees is conducting any of the unfair
dismissal the things might fined with the penalties. Some of the fair reasons for the dismissals
are as follows:
 Failure to do the job.
 Misconduct in the workplace and the premises.
 Long term sick.
 Redundancy.

Some of the grounds that defines with the dismissal are:
 The conduct based for the employees.
 The capability of the employee.
 The operational requirements of the employers business.
CONCLUSION
The report based on the legal system for the business law have concluded about the classification
of the laws including the civil law and criminal law and the explanation of the high court and
supreme court and report also shows the sources of the laws including the case law and process
of making legislation (Marson, and Ferris, 2018). Later in the report United Kingdom's
employment law is being showed that includes the statutory duties of the employers on
employees and wrongful as well as unfair dismissals.

REFERENCES
Books and journals
Amatrudo, A., 2018. Organisations and Their Enterprise in UK Criminal Law and in
International Law. In Criminal Actions and Social Situations (pp. 89-115). Palgrave
Macmillan, London.
Baldini, G., Bressanelli, E. and Massetti, E., 2022. Back to the Westminster model? The Brexit
process and the UK political system. International Political Science Review, 43(3),
pp.329-344.
Bowal, P., 2021. Bad Behaviour 7.0: Sexual Harassment & Wrongful Dismissal. LawNow, 46,
p.29.
Chinnasamy, S., Ramachandran, M. and Soundharaj, S., 2022. Exploring Various International
Law and Its Classification‖. Recent Trends in Law and Policy Making, 1(1), pp.13-19.
Cupido, M., 2019. Common Law and Civil Law Approaches to Excessive Group Crimes. In The
Common Law and the Civil Law Today: Convergence and Divergence (pp. 289-316).
Vernon Press.
Davies, G., 2018. Court of Appeal High Court: Extradition, forum bar and concurrent
jurisdiction: Is the case of Love a precedent for trying hackers in the UK? Lauri Love v
(1) The Government of the United States of America (2) Liberty [2018] EWHC
172. The Journal of Criminal Law, 82(4), pp.296-300.
Ghani, F.A., Razali, N.A. and Rasli, M.A.M., 2021. Unfair Dismissal under the Industrial
Relations (Amendment) Act 2020: A Legal Review. Global Business & Management
Research, 13.
Hanretty, C., 2020. A court of specialists: Judicial behavior on the UK Supreme Court. Oxford
University Press, USA.
Joshi, M.D., 2020. The use of country guidance case law in refugee recognition outside the
UK. Forced Migration Review, (65), pp.32-32.
Marson, J. and Ferris, K., 2018. Business law. Oxford University Press.
Sharma, D., 2020. Employer-employee relations: A judicial perspective. LBS Journal of
Management & Research, 18(1), pp.17-24.
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