Legal System for Business: Classifications of Law, Source of Law, and UK Law Making Process for Employment Law

This report covers the various laws and legal systems in the UK, including classifications of law such as civil and criminal law, the role of high court and supreme court, and the source of law such as case law and delegated legislation. It also explains the UK law making process for employment law, including the statutory duties of employers to their employees and wrongful and unfair dismissal actions.

Business Management
BMP4002 Business Law
Assessment 1
Legal System for Business
Law
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Contents
Introduction 3
Part 1: Classifications of Law 3
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
a) High Court 5
b) Supreme Court 5
Part 2: Source of law 6
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 6
Part 3: UK law making process: Employment Law 7
Statutory Duties of Employers to their employees 7
Wrongful Dismissal and Unfair Dismissal Actions 7
Conclusion 8
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RFERENCES 9
Introduction
Judicial system of a nation plays a important role in its success and growth.
Changes should be made in the in the law and legal system of a nation as the need
of the hour. Laws of the country indicates the social values and ethics which public
are obligatory to act. That's why they are subjected to changes and modifications
when they do not remain effective as per the current situation of the nation. Law play
a important role in development of a person and nation. This report covers the
various laws which exists in the nation with its execution and bifurcations. It
explains the operations of courts and their prescribed obligation and responsibility.
The law making process will also be mentioned in brief. Delegated legislation
meaning and its examples will be studied. Roles and responsibilities of employees
which stands toward their employer and termination of workers without any valid
reason is also mentioned.
Part 1: Classifications of Law
Define laws and identify the respective legal systems in the UK
By forming laws and regulations in the nation society can be managed and
operated efficiently. Codified laws of the nation is above all the persons of the nation
because it is said that the legal system of the nation is superior and everything in the
society is inferior and has to work according to the law. Power and authorities
attached to the laws of the nation guides the behavior and activity of the individuals
in the nation. It also ensures that law doesn't overpower the rights of the general
public(Cochrane,2020). UK laws are written partly that is why it is not codified. They
are divided into various categories like common law,statutory law etc. Common laws
are derived as result of the decisions of supreme and high court. Higher courts
judgments is binding on lower courts as per the hierarchy. Statutory laws are made
by the process of law making by parliament in codified laws. There are two houses
in the parliament on is house of lords and the other is house of people. First draft is
presented in legislative assembly in the form of bill for making written laws. After
passing all the stages the draft becomes law after passed by the royal family.
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Explanation with examples the following as means of classification
of laws in the English Legal system
a) Civil Law:
Lawsuit which have fights regarding property or accompanying to
rights amongst person or legal body comes under the civil law. It is
basically concerned of the property matters than crime. It deals with the
behavior that comprises of harming any persons property. Civil law
saves the individual from sufferings as their rights are ascertained.
Agreements and contracts between various parties also comes under
the civil law(Hanretty, 2020). Civil law entertains all the laws which are
concerned to the rights of individual and the rights related to any land
and property matter. Breach of contractual obligations issues are also
covered in this law. Uks major courts which listens to the civilian laws
cases are ultimate tribunal,high court,appellant courts and the tribunals.
State courts also looks civil cases of their territory. According to the civil
law the aggrieved party can be provided with the remedies in form of
compensation,injunction etc. if subjected to damages. No one is sent to
imprisonment but have to pay compensation.
b) Criminal Law:
Evildoing and offensive activity which happen in the society or towards the
society comes under the criminal law. Any incidences are refereed to as offenses
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comes under the criminal law of the nation and is governed by the provisions of
criminal laws. Execution of the laws creates sense of safety in the society as it is
considered as crime committed against society(Ku, 2020). It intents at providing
effective management of the society. The law aims at protecting the individual
liberties with other aspects like ham or damage to the body or identity. T he
aggrieved person is provided with remedy by providing imprisonments,fines and
death sentences in serious cases. Criminal cases are looked after by the sovereign
court,high courts,the Queens bench and the sectional courts. There are 3 types of
offenses in UK- Summary,Either way,Indictable offenses.
Explanation of the role of the following Courts in the English Legal
system
a) High Court:
In the legal system of the nation High courts are considered as the most
important courts as they contributes to conveyance of justice process in their
location. They are also known as Her Majesty court of England and come second in
the hierarchy of courts. They chiefly deal with cases which are important or cannot
be dealt by lower courts. Various benches comes under the high court like family
court,queens bench,divisional courts etc. These courts have single judge but as per
requirement and seriousness of case the changes can take place and more judges
can be appointed. All the appeals coming from high courts are entertained by the
Supreme court and high courts are bound against the judgments of supreme
court(Motevalli,Qayyumzadeh and Naeimy, 2019).
b) Supreme Court:
It is also known as the highest court of the nation and comes at the top level
of the hierarchy of courts in the legal system. It is the highest authority in a nation for
law. It is the most important part of the legal system which helps in governance too.
It looks the cases of public interest and matters of international and national interest.
Appeals against decisions of the lower courts can be made here by the people as it
is the last platform for it. It deals all the matters whether it is a civil case or criminal
case. It is the superior level court which is bound to perform important roles and
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responsibilities in the legal system in the nation. Matters of constitution are dealt by
supreme court and it has all the power of delivering the judgment.
Part 2: Source of law
Explanation of Case Law as a source of laws
Lawsuit which comes under the category of common law. Supreme and high
courts makes the decisions in the form of judgments. Legal preceding are bounded
on the lower courts mainly in similar issues and facts. Lower court judges examine
the decisions of higher courts to deliver justice in society. It is based on rule of star
decisive which tells that juridical preceding is binding on related lawsuit.
Explanation of the process of making Legislation
It is a very complex process to make the law as it has various stages in it.
Draft is presented in the parliament which goes through various stages. Main motive
behind law making is to bind people of the nation in respect to their behaviors and
doing. There are 2 houses of the legislature one the house of lords and the other is
house of citizens. Both play a important role in laws making of the nation. At first
stage the drafts title is ascertained by the parliament members. Then discussion is
done on the bill issue to see its effects on the nations
people(Partington,2021).Afterwards it is approved by the Queen for its legal
existence. In between the process the draft is approved by members of the
parliament by voting in or against. If the bill gets majority it is moved ahead to the
next stages.
The meaning and examples of Delegated Legislation
Delegated legislation are those legislation's which are formed by bodies
which have been given power by the authority. UK parliament is the only authority
who has power to make laws. The power of delegation is with the legislature only.
Body to whom authority has been assigned should act according to the states
principles and rules of parliament. For removing the load of work and efficient
implementation of law the power is delegated to bodies who have knowledge about
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it. For ex- councils,authority of the parliament etc. The simplest form of delegated
statute law is statuary regulations(Singer, 2018).
Part 3: UK law making process: Employment Law
Statutory Duties of Employers to their employees
In UK the issues of employers and employees are governed by the Employment Act
of 1996 legislation(Hunter-Henin, 2020). It mentions the roles and responsibilities of
employer is bind to comply in order to run from its liabilities. These are some of the
duties of the employers-
 Every employee must be given adequate training in regarding to their jobs by
the employers.
 Salary and remunerations should be give to the employees according to the
national minimum wages act.
 No discrimination based on color ,race caste, gender ,sex, etc. should take
place in the company.
 For safety of the employees all the health and safety measures must be taken
care by the employers.
 Employees must be given fair pay and due notice of average working hours.
Wrongful Dismissal and Unfair Dismissal Actions
Wrongful and unfair dismiss-ion are the 2 kind of dismissals under the law of
employment which governs an employees termination. In wrongful dismissal
employee is removed by the employer without proper notice and if employee gets
dismissed before completing the contract it also comes in wrongful
dismissal(Wevers, 2021).These terminations must be bring in the employment
tribunal within 3 months from the date of termination. Employer have to pay
damages to employees. IN unfair dismissal the worker is removed without any
reason. For ex- women employees are terminated while they are on maternity leave.
For unfair dismissal claim employee must be in service for minimum 2 years service.
In the recent pandemic large numbers of employee were removed in different
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sectors,these terminations entails the risk for employer in terms of reputation. These
matters are deal under labor law ,industrial law etc.
Conclusion
The above report concludes that every legislation is created for managing
the society and is important for guiding peoples behavior. Common and statuary
law are the two main laws in UK. In statuary law legislation is made by the
parliament and in common law judgments are taken by the courts judges. High
court and supreme court are the two courts which govern the criminal and civil cases.
The apex court which gives the power of hearing appeals is high court. Employment
laws are there to define responsibilities of employers towards their employees which
further helps in management. Further wrongful and unfair dismissal were studied and
what are remedies were also mentioned.
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REFERENCES
Cochrane, L., 2020. Legal sovereignty and value pluralism in the United
Kingdom (Doctoral dissertation, Queen's University Belfast).
Hanretty, C., 2020. A court of specialists: Judicial behavior on the UK Supreme
Court. Oxford University Press, USA.
Ku, C., 2020. The Changing Practices of International Law. Edited by Tanja Aalberts
and Thomas Gammeltoft-Hansen. Cambridge, UK: Cambridge University
Press, 2018. Pp. xix, 251. Index. American Journal of International
Law, 114(1), pp.173-177.
Motevalli, S.A., Qayyumzadeh, M. and Naeimy, S.M., 2019. A Comparative Study of
Abandoned Ship Ownership and Its Rules in the Maritime Law System of
Iran, US, UK and France. Journal of Legal Research, 18(39), pp.87-115.
Partington, M., 2021. Introduction to the English legal system. Oxford University
Press.
Singer, L.R., 2018. Settling disputes: Conflict resolution in business, families, and the
legal system. Routledge.
Wevers, H., 2021. A Basic Guide to International Business Law. Routledge.
Hunter-Henin, M., 2020. The Multicultural Classroom As a Comparative Law Site: A
United Kingdom Perspective. In Comparative Law and Multicultural Legal
Classes: Challenge or Opportunity? (pp. 101-117). Springer, Cham.
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