Legal System for Business Law: UK Classification of Laws, High Court and Supreme Court, Employment Law

This report covers the UK's classification of laws, including common law and statutory law, and the role of the High Court and Supreme Court. It also discusses employment law, including statutory duties of employers and wrongful and unfair dismissal actions.

Legal system for
Business law

Table of Contents
INTRODUCTION ..........................................................................................................................2
TASK ..............................................................................................................................................3
Classifications of Law:................................................................................................................3
Concept of law and the legal systems in UK- .......................................................................3
Classification of Laws in English legal system- ....................................................................3
Role of High court and Supreme court in the English legal system:......................................4
Source of law:.............................................................................................................................5
Case law as source of law-.....................................................................................................5
Legislation making Process- ..................................................................................................6
Meaning and examples of delegated Legislation-..................................................................6
Law making process of UK: Employment law:..........................................................................7
Statutory duties of the Employers to their Employees- .........................................................7
Wrongful Dismissal and Unfair Dismissal Actions- .............................................................7
CONCLUSION ...............................................................................................................................8
REFERENCES................................................................................................................................9
INTRODUCTION
The law frameworks and the legal system of any place requires change with respect to the
changes of circumstances due to the evolvement of time. The dynamic environment demands
amendments to be made in the laws as they represent the society's values and morals. The
alterations are done to specific sections of the legislation with respect to the rise of an issue so
that they remain relevant according to the present scenarios. Laws establish a system of rules and

regulation that helps in guiding the conduct of individuals in the society. They help to determine
the good and bad behaviour so that the citizens can abide by the laws and maintain good conduct.
Citizens in UK are required to have a positive attitude towards accepting these laws so that
justice can be served to them by protecting their interests(Chuasanga and Victoria, 2019) . The
following report will cover in detail the UK's classification of laws and how they are
implemented. It shall also talk about the High Court and supreme Court and the statutory duties
that are defined for the employers in the employment laws.
TASK
Classifications of Law:
Concept of law and the legal systems in UK-
A society can be effectively managed with the help of a properly established legal system
which defines the rules and regulations for a smoother functioning. Law is superior to all the
other legislative and executive bodies in the country. The framework provided by the system of
law helps to supervise and guide the people in the right direction by noting their conduct and
behaviour in society. Only the law has this power and authority to set a standard for the
behaviour of citizens. But it is also necessary and required that the law must not act in a manner
that overpowers the rights of the citizens. The laws in the UK legal system are not wholly
codified which increases their effectiveness as they can be moulded based on their partial written
nature. With respect to their applicability, laws can be classified into two major forms which are
Common law and Statutory law(Entrikin, 2019). Among these the statutory law can be defined
as the laws created by the house of legislature which is the Parliament that comprises the lower
house which is the House of Commons and the upper house which is the House of Lords. These
have the responsibility to form laws that can be enacted in the manner that they guide the society.
A legislation is formed when it goes through several stages that begins with the introduction of a
bill to getting the final assent. Whereas the common law is the legislation or law that is created
when decisions or judgements are given by the judiciary in the court of justice. These then act as
case laws in the judicial precedent so that the lower courts can follow them in their subsequent
cases which thus creates a form of binding effect.

Classification of Laws in English legal system-
 CIVIL LAW- Civil law is that branch of legal system which deals with the property
matter that involves conflict or dispute between the family for their rights on the land or
property as an individual. The parties involved in the case are given solutions so that their
disputes can be resolved. Cases that relate to general formation of contract or agreement
are also included under the civil law. Civil laws helps in managing property related
matters by taking an implied form which also includes the matter of considerations. Thus,
all the property and land related matters come under civil law because it also governs the
failure of contractual agreements (Harrison, 2018). The County courts, Appellate Courts,
tribunals, High courts and the Supreme courts have the power to hear cases under civil
law. It also governs the civil wrongs done by people. Under this law, the innocent party
involved in the case is given remedy in the form of compensations and measures for
damages, etc.
 CRIMINAL LAW- This branch of law deals with offences and crimes committed by
individuals when they live in a society. This law tries to protect the people from criminals
by giving priority to their safety. It ensures that the interests of the people are protected
while also protecting their body. It thus helps to establish a conduct of behaviour by
setting standards of moral behaviour for the individuals so that they act in a certain way.
It also studies the aspect of criminology while analysing the harm and damage that an
individual might face due to a crime being committed to them in the society. So a system
where justice is administered is established so that protection can be given to the personal
interests and to their liberties (Hessick, 2019). Criminals are identified in the society
through their wrongful or illegal act which is against the law. These people are given
punishments in the form of penalties, imprisonments or death penalty which is according
to the severity of the crime so that other individuals refrain themselves from indulging
into any wrong act. Criminal law thus covers a range of criminal acts like rape, theft,
robbery, murder, assaults, etc. and the courts which have the authority to deal with these
crimes are the Queens bench, Divisional courts, High courts and Supreme courts.

Role of High court and Supreme court in the English legal system:
 HIGH COURT- High is one of the most essential court in the judiciary system of
UK that is established among the several regions of London. High Court is sometimes
also referred by the name of Her Majesty's court of England. High court looks after all
those cases which do not come under the jurisdiction of lower courts and tribunals. These
cases are of high value as they are matters of public importance which are under the
different jurisdictions. High court thus has supervisory jurisdiction over all the other
subordinate lower courts and the decisions given by these courts. High court has several
different benches at different places to look after the matter of a region. These benches
are known as the Chancery division, Queens bench and the Family court, etc. Cases that
come for hearing under the High court generally comprises judgements given by a single
judge but there also certain cases where due to differential circumstances the need of
adjudications and solutions also arises. Appeals against the decision of High court go in
the supreme court which carries out re-hearing of the cases (Ioannou and Dukes, 2021) .
 SUPREME COURT- The top most apex level court of the UK's judiciary system is
the Supreme court which is superior to all the other subordinate courts in the judiciary.
Due to being the apex court it has power and authority because of which it hears matters
that relate the cases involving public importance at the national and state level. It is thus
the final court of appeal in the country. Supreme court can hear both civil and criminal
cases under its jurisdiction but only of national interest. Thus, the supreme court has the
most vital role to perform in the judiciary system because it also acts superior to the other
courts by guiding them. A society can be effectively managed by the decisions or
judgements that are given by the supreme court in the landmark cases so that individuals
comply with the laws out of necessity. Supreme court also has the authority to hear cases
relating to constitutional matters and thus it basically protects the interest of the public.
Source of law:
Case law as source of law-
In UK Common laws are also known by the name of Case laws which act as a major
source of legislation. Case laws thus comprise important decisions and judgements that are given

by the judges of the top level courts in the judiciary. These case laws act as a form of guidance
for the lower courts in the judiciary which deal with similar types of cases in future which are
thus known as Judicial Precedents(Pfander and Wentzel, 2020). The judges in the subordinate
courts carry out the case decision analysis in their subsequent cases by abiding by the case laws
of previous decisions given by the top courts. These courts have the power to carry out hearing in
the cases that involve matters of public protection, safety and security, management of a society,
etc. Judicial Precedents are said to be based on the doctrine of stare decisis which have a binding
nature that makes them a must to be followed in the future cases.
Legislation making Process-
The process of formation of a legislation is long and lengthy due to the role of various
stages where it begins with the stage where a bill is introduced in the Parliament. The primary
purpose behind the formation of legislation is to have an act for the citizens which deals with
specific matters and issues which are prevalent in the society so that they are regulated with
proper rules which act as a guide to the conduct and behaviour of individuals. The parliament has
the power and authority through its House of Commons and House of lords to form proper laws
and acts. Legislation making process begins with the first stage wherein a bill is introduced in the
house of parliament after which it moves on to other stages before becoming a final piece of
legislation. In the next stage, the bill is sent for voting where the members also suggest changes
to the bill which are required to make it a perfect law. Once all the necessary changes are done
then that bill is sent for final assent to the Royal Monarch who gives assent and then that law is
implemented on all the citizens of UK (Sourdin, Li and McNamara, 2020).
Meaning and examples of delegated Legislation-
Legislations or laws which are formed when the power is delegated to the subordinates
through any relevant authority is known as the process of delegated legislation. It thus involves
all those laws which are passed by some other subordinate body instead of the legislative bodies
which have the actual power of formation of a legislation. The subordinated bodies are delegated
power to do so. Parliament is the sole authority having the power to make delegation so that rules
and regulations can be formed. The bodies to whom the power is delegated must use it within a
limitative authority in accordance with the government principles. Delegated legislation

examples are council's order, sovereignty of Parliament, etc. The most famous type of delegated
legislation is statutory legislation. Various executive bodies like ministers exercise power of
delegated legislation (Strickson and De La Iglesi, 2020).
Law making process of UK: Employment law:
Statutory duties of the Employers to their Employees-
The employees and employers of UK are governed by the Employment law wherein the most
important law is the Employment Rights Act of 1996. The employer must abide by the statutory
duties defined in the legislation which are as follows:
 The employers must provide training to their employees in the organization so that it
eases them in understanding the work and work environment.
 In context of the National Minimum Wages Act, the employees must be given proper
salary by the employers for the work done by them and it must be according to the level
of difficulty of a work.
 The employer is required to have a Anti Discrimination policy in their organization
wherein it must be ensured that no employee faces discrimination based on their religion,
caste, race, sex, etc.
 The employer must have proper measures to carry out the health and safety protocols so
that the employees can feel safe and secure at the work premises.
 The policy of average working hours must be followed by the employers for their
employees in the organization (Taylor, 2018).
Wrongful Dismissal and Unfair Dismissal Actions-
An employee's job can be terminated by the employer based on Wrongful dismissal and
unfair dismissal where the employee thus has the right to claim remedies. An employee is said to
be wrongfully dismissed if they are removed from their job by the employer by violating any
terms of the agreement like without giving a period of notice to them and dismissing them.
Whereas an employee is said to be unfairly dismissed when they are removed from their
job without bring given proper reasons on what grounds they are being dismissed. Unfair
dismissal also arises when the employees are given no chance of justification. For example when
an employee is dismissed due to extended period of leave.

CONCLUSION
It can be summarized from this project that different laws and legislation provide several
rules and regulations which help in governing UK. These law set a standard of behaviour which
acts as a guidance for proper conduct. Laws can be majorly classified into Statutory laws and
Common laws wherein the statutory law relates to the creation of legislations by the legislative
house that is the Parliament and Common law are the case laws by the judges. The judiciary
system of UK is broadly divided into two which are the Supreme court which is the apex court
and the High court below it. These courts deal with two types of cases which are Criminal cases
and Civil cases. The statutory duties of employers are defined in the employment laws which
also define wrongful dismissal and unfair dismissal.

REFERENCES
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