BSc Business Management: UK Legal System Analysis for Business Law

This report provides a comprehensive overview of the UK legal system as it pertains to business, covering key aspects such as the classifications of law (civil vs. criminal), sources of law (case law and legislation), and UK employment law. It delves into the roles of the High Court and Supreme Court, expl...Read More

BSc (Hons) Business Management
BMP4002 Business Law
Assessment 1
Legal System for Business
Law
Submitted by:
Name:
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Contents
Introduction 2
Part 1: Classifications of Law
Define laws and identify the respective legal systems in the UK
3
Explanation with examples the following as means of classification
of laws in the English Legal system 4-5
a) Civil Law 4
b) Criminal Law 5
Explanation of the role of the following Courts in the English Legal
system 5-6
a) High Court 5
b) Supreme Court 5
Part 2: Source of law 6-7
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: Employment Law 7-8
Statutory Duties of Employers to their employees 8
Wrongful Dismissal and Unfair Dismissal Actions
Conclusion 8
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Introduction
In order to maintain effective governance in the country, law and order is
necessary. Due to this, the need for legislature arrived. The legislature is the body whose main
function is to formulate efficient laws for the country. The citizens and the government has to
follow such laws as formed by the legislature. According to English law, everyone is equal in
the eyes of law. Further, the laws can be amended by the legislature of the country. In this
report, all the basic legal laws of UK is discussed(Butler, 2021). This report also explains that
how the legal system of UK works. Moreover, it also discusses about the differences between
the civil and the criminal law of United Kingdom. It also elaborates about the functioning of
the courts of UK. It clarifies powers and duties of civil and criminal courts of the country.
The last part of this report further explains about the employment laws of the country. This
also explains that any aggrieved party of the case can knock the doors of court in order to get
justice. It discusses about the rights and duties of employees and employers of the company.
Part 1: Classifications of Law
Define laws and identify the respective legal systems in the UK
The term law is defined as the rules that has to be followed by the citizens and the
official bodies of the state. Everyone residing in the country is bound to follow such laws as
applicable on them. If someone does not comply with the laws, then there are prescribed
penalties and fines as written in the law of the country. The laws made by the legislation are
called the primary laws. This is because these laws have binding effect on every citizen of the
country irrelevant of caste, gender, economic level of citizen, etc. There must be a special
care while formulating and implementing the laws that the rights of the individual does not
get hampered by the legislature. In United Kingdom, there are various laws that are not
codified. This is due to the reason that they are only partially written by the
legislature(Estlund, 2020). There is the need of writing them completely in order to make
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them convert into a codified form. Moreover, there are basically two types of laws in the
country namely the Common laws and the Statutory laws of the country. The common laws
are those laws that have arrived by the decisions taken ion the courts of the country. The
common laws are generally called as the judicial precedents. The judicial precedents are the
rulings and judgments over a case as decided by the supreme court and high court of the
country. Furthermore, the statutory laws are those laws that are formulated by the law making
process of the legislature. In this, the law is formulated by going through a prescribed process
in the parliament of the country. The parliament must make laws that are just and fair for the
citizens of the country. The rights must be in such a way that it must not violate the
fundamental rights of the citizens of the country.
Explanation with examples the following as means of classification
of laws in the English Legal system
a) Civil Law: The civil laws are those laws that does not deal with crime. It includes the
matter which is civil in nature like land and building, divorce, tort, etc. The civil law provides
for the settlement to the aggrieved parties. The parties to the contract can be two individuals
or two legal bodies. It can be one individual and one legal body. It includes the matters that
are related to the rights and breach of duty by the defendant party. The civil laws further
includes the laws related to employment, contract, etc. There are some courts in the country
that deals with the civil cases are high courts, country courts, tribunals, etc. The Supreme
court being the apex court of the state can dealing with all types of matters including both the
civil and criminal cases of the country. The party who has suffered the loss is known as the
plaintiff. The plaintiff files the complaint related to such grievance in the suitable court. The
party who is responsible for such loss to the plaintiff is known as the defendant. The
defendant has to prove its innocence in the court of law(Freedl and, 2020). The court
generally provides remedies of specific performance, injunction or monetary compensation to
the aggrieved party to restore it into the actual position before such loss.
b) Criminal Law: The criminal law basically deals with the crime related matters. It
provides for the penalties and punishments for crimes to the defendant. The burden of
proving lies on the head of defendant to prove the innocence in the court of justice. Criminal
law deals for the crime as a whole not on a single individual or group. This is because crime
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affects the existence of the whole society rather than an individual or a criminal group. The
main aim for formulating the criminal law by the legislature is to minimise the crime in the
society. It also ensures that the law and order of the country is maintained by punishing the
criminals that commit such crimes. The person who commits such crime is termed as
criminal or offender of that case. The crimes that are described under the criminal law are
rape, murder, assault, thievery, robbery, etc. There are several courts that deals with the
criminal case are Supreme Court, High Court, divisional courts and some specific courts as
prescribed by the law(Graw, et.al., 2019).
Explanation of the role of the following Courts in the English Legal
system
a) High Court: The High Court is too named as Her Grandness Court of England.
This is the second level of court in the state. The court plays a very vital role in
delivering justice to the innocent party of the case. High court comes just below the
apex court in the hierarchy. The judgment given by the high courts are bound to the
lower courts of the country. Every district and session courts of the country is bound
too follow the judgments of the high courts and the Supreme courts of the country.
The high court entertain the matters that are of prime importance, matters mainly
relating to rights and duties of the parties. It also deals with the matter on which the
subordinate courts are failed to give justice. Along with this, the matters which are of
monetary limits are also dealt in high court. Any judgment related to this can be
appealed in the Supreme court of the country(James and Thomas, 2020).
b) Supreme Court: The Supreme court is also known as the apex court of the
country. It is the highest court of the country. It is responsible for delivering the
justice to the country. Generally it gives judgments which are of national importance
and public interest. These matters affect the present and future of the society as it
molds the society into a certain way. The supreme court can deal with all the appeals
of the subordinate courts of the country. There matters that questions the constitution
are also filed in the apex court of the country(Mangan, 2020).
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Part 2: Source of law
Explanation of Case Law as a source of laws
The main rootage of common law of the country is from the judgments given by the high
courts and the supreme court. The judicial precedents are the the case laws that are given by
the courts while giving judgment for the case. The subordinate courts are bound to follow the
judicial precedents. The exception to follow the judicial precedent is that the subordinate
court has to follow the judicial precedents only up to the extent that the facts and time of the
case are same in the dealing case of subordinate court(Miller, 2021). It is based on a principle
named as Stare decisis , which states that the subordinate courts must consider the judgments
of the upper courts while delivering any of the judgment of the similar matter in the case.
Explanation of the process of making Legislation
The legislation is one of the primary source of law in United Kingdom. The law
making process is a very complex procedure. The legislature requires a number of skilled and
specialized persons in order to make a just and accurate law for the country. There are
various stages attached to law making procedure. There are two houses of legislature namely
the House of Lords and the House of People(Scott-Patel, 2019). The House of Lords is the
upper house of the legislature and the House of People is the lower house of the parliament.
The first stage is where the draft is introduced by the member of the parliament. The second
step starts when the discussion for such draft is hold in the parliament among the members. In
this step, the member discusses about the draft in which the title, body of the draft is
discovered by the associate of the parliament. The third and the last step is when the Royal
Assent is delivered to the draft. The royal assent converts the draft into law. Lastly, from the
day when such royal assent is applied to the draft, it becomes relevant to the subject of the
country.
The meaning and examples of Delegated Legislation
The term representativelegislation means that when the higher authority delegates its
power to the lower authority. The higher authority delegates such power in order to execute
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the laws of the country. The one major objective of delegation is to reduce the encumbrance
of the high control.
Part 3: UK law making process: Employment Law
Statutory Duties of Employers to their employees
According to the Employment Act 1996, there are several responsibility of the
employer towards the employee of its company. Some of the duties of the employers are as
follows-
 There should be proper training sessions of the employee.
 The salary must be given in accordance with the National Minimum Wages Act of the
country.
 The employer must not discriminate the employees on the basis of caste, religion,
grace, etc.
 The employer must provide the employee the safe and healthy wor place to the
employees.
Wrongful Dismissal and Unfair Dismissal Actions
The term wrong dismissal means when the leader dismisses the worker without the prior
notice period given to the employee. The unfair dismissal means when the employee is
dismissed by the employer without any relevant and fair reason for such dismissal. In both
the cases the employee can claim its employment back from the employer. The employee can
go to the court of justice for claiming its legal rights as per the employment laws of the
country(Wevers, 2021).
Conclusion
This report concludes about the legislature, employment laws, delegation of powers.
The employment laws are for the welfare of the employees. The delegation of the authority re
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leaves the extra burden of the higher authority. More over, the employer is bound to fulfill the
duties regarding its employees as per the employment laws of the country.
REFERENCE
Butler, S., 2021. Uber drivers entitled to workers’ rights, UK supreme court rules. The
Guardian, 19.
Estlund, C., 2020. Individual employee rights at work. In Comparative employment relations
in the global economy (pp. 191-214). Routledge.
Freedland, M., 2020. Employment Law Revisited. Dalhousie LJ, 43, p.515.
Graw, S., et.al., 2019. Understanding business law. LexisNexis Butterworths.
James, N. and Thomas, T., 2020. Business law. John Wiley & Sons.
Mangan, D., 2020. Freedom and Dignity in the UK workplace. Italian Labour Law e-
Journal, 13(2), pp.35-49.
Miller, R.L., 2021. Business Law Today, the Essentials: Text and Summarized Cases.
Cengage learning.
Scott-Patel, K., 2019. UK Employment Law-A Good Plan for Workers?. Int'l. In-House
Counsel J., 12, p.1.
Wevers, H., 2021. A Basic Guide to International Business Law. Routledge.
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