Classifications and Sources of Law in UK: Business Law Report
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This report discusses the classifications and sources of law in UK, including civil and criminal law, case law, legislation, and delegated legislation. It also covers the statutory duties of employers towards their employees and wrongful and unfair dismissal actions.
BSc (Hons) Business Management BMP4002Business Law Assessment 1 Legal System for Business Law Submitted by: Name: ID: 1
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TABLE OF CONTENTS INTRODUCTION......................................................................................................................3 PART 1: CLASSIFICATIONS OF LAW..................................................................................3 Define laws and identify the respective legal systems in the UK..........................................3 Explanation of the role of the following Courts in the English Legal system.......................4 PART 2: SOURCE OF LAW....................................................................................................5 Explanation of Case Law as a source of laws........................................................................5 Explanation of the process of making Legislation.................................................................5 The meaning and examples of Delegated Legislation...........................................................5 Statutory Duties of Employers to their employees................................................................6 CONCLUSION..........................................................................................................................8 REFERENCES...........................................................................................................................9 2
INTRODUCTION Business law is a body of law that is related to governing the business and commerce related activities. It deals with the issues formed from private as well as public law systems. The purpose of business law includes protecting the rights and liberties to maintain orders and solving disputes (Clarkson, and Miller, 2020.). This law helps in setting standards for business based concerns while dealing with government agencies and individuals. This report deals with various forms of classifying law as well as its sources. There is a detailed discussion regarding the law making process involved in UK. PART 1: CLASSIFICATIONS OF LAW Define laws and identify the respective legal systems in the UK Law is a system defined by rules that in associations with society. These systems are made by government to manage crime, business agreements along with social relations. Law is used by people working in this system. These set of rules are made to state how one may or may not behave when living in the society or working a business. Law can be defined as an art of justice and a binding practice of community. Law is controlled and enforced by a set of controlling authority. The legal system of UK is related to the classifying the English law system. It operates on common law system that is a combination of passing legislation and developing precedents through case law. UK is a Democratic country where the monarchy works from making rules and regulations within the country (Miller, 2021). The system of law for UK is responsible for solving criminal and civil cases in the country. Moreover, it is segregated in different parts such as supreme court and senior supreme court related with the appeal, high court and crown court. Common law system includes judicial systems where the rules created are applied to the federal court and controlling its statute. Explanation with examples the following as means of classification of laws in the English Legal system a) Civil Law: It deals with being one of the major branch within the English legal system and related to civil mishaps. Quasi contracts are a part of civil law system. It includes dealing with the cases where wrong is done against a particular individual. This law works with the legal rules that are rooted in Europe along with standing on core principles including rules as primary source. 3
These principles are confined in a referable system serving the primary source purpose. Civil law is made to protect the right of individuals and dealing with the behaviors in which one can cause harm to other in damaging their responsibility. Civil law suits at private level where the decision is given by a jury system. The main feature of civil law systems include legal codes that are applicable texts that will avoid factually specific scenarios. The punishment avoided for the guilty party is not necessarily imprisonment but includes paying huge penalties. To prove the allegation, witness is required to be in written form such as an affidavit. Examples of civil laws are, property damage, breaching contract and so on. b) Criminal Law: It is the body of law that deals with crime and the laws are enacted with legislation. This type pf law includes, punishment and rehabilitation for the individuals going against the law. It varies on the basis of jurisdiction and is different from civil law as it puts more focus on solving the disputes (Graw, and et.al., 2019). Criminal law includes formal official activities that will identify the crime and make the authority have punishment for rehabilitation treatment to the law offender. The witness is not necessarily supposed to be in written form while also provides with the right of silence in the case where there is absence of any evidence. Examples for criminal law includes murder, thefts and any other form of violence. Explanation of the role of the following Courts in the English Legal system a)High Court: This a justice form of court that is centered within London. It consists of three divisions within appellate jurisdiction. High court matters are generally related to the civil cases while criminal cases are present on occasional basis. In chancery divisions, the hearing of cases includes property disputes, claims related to intellectual property and real estates. Judges present in the high court sit at any division while administering law and equity. High court is secondary party from the series of courts of England and wales while ranking below the court of appeal and above crown court. In this court appeal is heard, by special leave and by leave from state or territory. b)Supreme Court: This court in English legal system deals with maintaining high standards set by the appellate committee and is not separate from government and parliament. It holds great public importance for civil and criminal cases. This court is responsible for devolution issues and 4
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legislative authorities. Supreme court is the head of legal systems that will hear appeal from public present in UK. Moreover, this court also plays an important role towards the development of the country while taking the laws that were discussed within the lower courts. Main role of supreme court is to hear special appeal from the parties. It helps in maintaining peace and harmony within society. PART 2: SOURCE OF LAW Explanation of Case Law as a source of laws Case law depends on judicial decisions based on statues and regulations. It concerns unique disputes that can be resolved with the help of facts related to the case. Here, a unique dispute is solved by court on the criteria of facts that are presented within the case. Case laws can be interchanged by common law and is defined as the collection of authority involved in previous decision- making at judicial level related to some specific issue. Case laws are different in different jurisdictions and thus produce different judgment. It helps in making quick decisions leading to disputes. Case laws deals with being the source of laws and making changes to take effective decisions. Explanation of the process of making Legislation The process of legislation in English law system includes various steps to reach the final decision. Here, a bill is proposed and introduced within the parliament This bill is debated and approved from each of the house of parliament to become law (Kubasek, and et.al., 2019). These bills are agreed form of government policies that are introduced by the ministers present in parliament. In addition to this, these bills passed are of two types, private members and peer bills. This is followed by making decisions regarding the legislative after a party is elected that proposed the bill. However, in the case where emergency bill is to be passed, parliament is not part of the legislative programmer. The proposed bill is to be passed from various reporting stages such as reading, voting and third reading before the agreement from the house to make this bill become an act. The meaning and examples of Delegated Legislation Delegated Legislation which is also known as Secondary Legislation is a process of law which is passed by the government ministers or any other person to whom powers are conferred to make any law by the Act of Parliament. The Parliament often designate the authority to the ministers to make the laws(Thomson, and Ip, 2020). The authority given to 5
the ministers are called Delegated powers in which Parliament gives the powers in the hands of other person. Orders and Rules made by the government authorities are called Delegated Legislation. It Includes various procedures and factors relevant in making the laws and authorize them to make the necessary modification, alteration and any scientific changes in any area of the law. It has the same relevance as any law which would have passed by the Parliament. The instrument which is drafted by the government to make the variations in the law are Statutory Instruments and are published with the explanations, the need to make the changes in the area of law(Fitsilis, and De Vrieze, 2019). Various committees are formed to check that the legislation is working keeping in mind the various aspects of the law. Delegated Powers and Regulatory Reform Committee (DPRRC)Merits of Statutory Instruments Committee (Merits Committee) Advantages of Delegated Legislation It saves the time of the Parliament as they have load of various other activities which is essential, so to resolve the burden the powers are delegated to other authorities which saves time, and they can focus on more important matters in connection for the welfare of the country.Delegated Legislation is helpful in the emergency situations where is necessary to take decisions speedily. Disadvantages of Delegated Legislation The incomplete information about the laws can create problem while making necessary alterations and modifications to the government authorities. The problem of sub-delegation can be in issue as the persons given the authority are not able to deal with facts and designate the authority which can pose a problem. PART 3: UK LAW MAKING PROCESS: EMPLOYMENT LAW Statutory Duties of Employers to their employees Employers have various responsibilities towards their employees and to deals with the hazards which can affect the working of the organization. 6
Heath and safety of the employees:The employer should carry out various assessment programs to identify the safety and health hazards in the company because it is the duty of the proprietor to take reasonable care of the employees at workplace. Any person who has required knowledge in the field is appointed to take care in the respective matter. Different policies should be framed to ensure the safety of the employees working there. The employer whether it is a small or large scale company should make sure that the workplace should be clean and proper precautions should be taken to avoid necessary risk related and timely maintenance of the machinery that are likely to involves any danger(Prassl, 2018). Aid facilities should be provided and various plan should be developed which can be used during emergency.Discrimination in the workplace:There should be no discrimination between the workers of same level. It is the duty of employer to introduce various measures to eliminate the discrimination based on gender and among the same level of workers(Marbach,et.al, 2018). Wages should be paid equally to every employee according to the work done by them and special schemes should be introduced for disabled person by giving them additional benefits. Pay and Benefits:It is the primary duty of the employer to pay their employees for work and time they have invested in the company and each one of them has right to receive the equal pay for the efforts they have made towards the goal. Maternity and Paternity leave schemes should be introduced so that they can receive the average amount of earnings from their income. The worker should be given incentives as it acts as a motivator to work in the organization. Wrongful Dismissal and Unfair Dismissal Actions Wrongful Dismissal: When an individual is dismissed from the employment under the breach of contract of employment it is said to have wrongful dismissal or when the employer is dismissed without giving prior or insufficient notice to that person under the contract of employment. It is different from the unfair dismissal as it is concerned with the law of contract. If any individual is dismissed wrongfully, then the remedies available to that person can claim compensation under this(McGaughey, 2018). If the employer wants to get back in same position as before, he is liable to pay damages under the wrongful dismissal act. The damages claimed under the wrongful dismissal can include the bonus and pension accrued during the 7
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period of contract. Unfair Dismissal: According to the 94 of the Employment Act, Every employee of the organization has right to claim for the damages they have suffered due to the Unfair Dismissal act. When the claim for dismissal is bought before the tribunal, points to be investigated that the employer has been dismissed or not and whether the dismissal is unfair or there may be other reasons to be considered. To seek the damages for unfair dismissal from the employer, employee should complete its two years continues of service with the organization (Gooberman, et.al, 2019). Unfair Dismissal can take place due to following reasons such as capability, conduct of the parties etc. Employer and employee should follow the procedures carefully and employer can dismiss the employee if the following procedures are not complied with. CONCLUSION It is concluded from the above report that Business Law is concerned with the business activities and its main aim is to protect the right of an individual by maintaining law and order. Law is major component as it binds the society to follow them. English law system is based on the common law and precedents of the case laws. Civil law is considered as major element in the English Law System and relates to the civil crimes such as negligence and breach of contract etc. It is observed that the decisions of the Supreme Court is final and binding on the parties to the dispute. The employment law of UK defines the various statutory duties of the employer towards its employees and also about the wrongful dismissal of an employee in which after the proper inquiry the employer is entitled for compensation and reasonable damages. 8
REFERENCES Books and journals Clarkson, K.W. and Miller, R.L., 2020. Business law: Text and cases. Cengage Learning. Graw, and et.al., 2019. Understanding business law. LexisNexis Butterworths. Kubasek, and et.al., 2019. Dynamic business law: The essentials (pp. 28-50). McGraw-Hill Education. Miller, R.L., 2021. Business Law Today. the Essentials: Text and Summarized Cases. Cengage learning. Thomson, S. and Ip, E.C., 2020. COVID-19 emergencymeasuresand theimpending authoritarian pandemic.Journal of Law and the Biosciences7(1) p.lsaa064. Fitsilis, F. and De Vrieze, F., 2019, July. Parliamentary oversight of sustainable development goals and the application of post-legislative scrutiny principles. In 14th Workshop of Parliamentary Scholars and Parliamentarians, Wroxton, UK (pp. 27-28). Prassl, J., 2018. Humans as a service: The promise and perils of work in the gig economy. Oxford University Press. Marbach,et.al, 2018. The long-term impact of employment bans on the economic integration of refugees. Science advances4(9) p.eaap9519. McGaughey, E., 2018. Will robots automate your job away? Full employment, basic income, and economic democracy. Centre for Business Research, University of Cambridge, Working Paper, (496). Gooberman, et.al, 2019. The evolution of employers' organisations in the United Kingdom: Extendingcountervailingpower.HumanResourceManagementJournal29(1) pp.82-96. 9