Legal System for Business: Classifications of Law, Source of Law, and UK Law Making Process for Employment Law
Verified
Added on 2023/06/12
|10
|2802
|320
AI Summary
This report discusses the legal system for business, including classifications of law, source of law, and the UK law making process for employment law. It covers the role of high court and supreme court, civil and criminal law, case law, delegated legislation, and statutory duties of employers to their employees.
Contribute Materials
Your contribution can guide someone’s learning journey. Share your
documents today.
BSc (Hons) Business Management BMP4002Business Law Assessment 1 Legal System for Business Law Submitted by: Name: ID: Contents 1
Secure Best Marks with AI Grader
Need help grading? Try our AI Grader for instant feedback on your assignments.
Introduction2 Part 1: Classifications of Lawp-p Define laws and identify the respective legal systems in the UK p Explanation with examples the following as means of classification of laws in the English Legal systemp-p a) Civil Lawp b) Criminal Lawp Explanation of the role of the following Courts in the English Legal systemp-p a)High Courtp b)Supreme Courtp Part 2: Source of lawp-p Explanation of Case Law as a source of lawsp Explanation of the process of making Legislationp The meaning and examples of Delegated Legislationp Part 3:UK law making process:Employment Lawp-p Statutory Duties of Employers to their employeesp Wrongful Dismissal and Unfair Dismissal Actions Conclusionp 2
Introduction Law is mainly refers to systems of regulations which develop by country government for managing people behavior with penalties. This study will develop informationoflawswhichplaymajorroleinsystematicworkculture,human behavior, society norms and multiple aspects follows by sustainable manner by people. It will discuss classification of laws in the English legal system which proper explanation of civil law and criminal law. This study will also discuss role of court includes with high and supreme court, source of law, employment laws. Part 1: Classifications of Law Define laws and identify the respective legal systems in the UK Laws: This term is mainly refers to define as systematic approaches and regulations which develop by government for effective action taken for specific crimes, commitments. Laws mainly developed by government for resolution and application of appropriate penalties against on specific term. Judges prefer to use law application because it has power to resolve multiple conflicts with very perfect manner. Legal systems in the UK is mainly refers to acts which develops by parliament for management and building of attraction and sustainable environmental or cultural activities with uses or utilization of legislations in solution development on any challenging term. Explanation with examples the following as means of classification of laws in the English Legal system a) Civil Law: This law mainly resolve cases where individual get badly influence from other. Also, it defines as it deals with cases where individual do wrong things with specific (Henderson, 2021). It mainly includes contracts, family relation, physical injuries and property injuries, contracts and many more. Constitutional laws mainly develop by government for management of sustainability with poorer involvement of appropriate decision-making. It develops by England government where state government create level of state laws which makes more a d better understanding in terms of more efficiency or effectiveness development in process or new action against on criminal for management of long term sustainability. In context of civil laws of UK government, court judge makes decisions on the basis of requirement. Thus, from the idea of this term its important aspect that judge develop higher attraction in control development on activities of individual. 3
b) Criminal Law: It's mainly refers to body related laws. Individual conduct activities which provide harm on health, robbery, rape, murder, develop conflicts on welfare and sustainability of people and many more (Merryman and Pérez-Perdomo, 2020). Its also includes to develop higher attraction towards with control expansion in criminal terms. Because its very risk to reduce conflicts and activities of human. Explanation of the role of the following Courts in the English Legal system a)High Court:It has power make decisions for country benefits with creation of specific laws which provide benefits for society effectiveness. It provides justice to family issues, manage property conflicts. High court of UK play major role in sustainable decision development and involvement in business because it has power to provide appropriate rules regulation application o audience sustainability. b)Supreme Court:This is final court which takes appropriate action for control and solution development on civil laws, like property laws and many more. It impacts on activities of whole people of country throughout their different thought process and many more. Supreme country engages appropriate solution who makes more clarity and specification in rules and regulations addition. Part 2: Source of law Explanation of Case Law as a source of laws Case law has been determined as the third source in the case law. These laws are completely based on the judicial decisions. The cases that has been deal in the high court and supreme court always comes up with the judicial decision and this decision has been taken in consideration if the same type of cases arrive in- future. However, the consideration is not mandatory each time. Proper evaluation of the case has been done and then, the judicial decision of the previous cases has been 4
Paraphrase This Document
Need a fresh take? Get an instant paraphrase of this document with our AI Paraphraser
done (Harrison and et.al., 2018).Case laws mainly involves the law related to Personal injury, medical negligence, fraud and so on. Many times the cases seems same but their outcomes are different therefore, without making proper investigation of the case the judicial decision is not taken in consideration. After the investigation of the case, the number of aspects has been match from both the cases and then, the decision has been formed. Explanation of the process of making Legislation In UK, the process of making legislation involves the certain steps. It has been found from various studies that, UK has been proven highly effective in terms of managing the legal system in the country. The major reason behind this is the effective law making system in the UK. The process of making legislation in UK is concerned with the various steps and this involves: In order to enact the law a bill has been passed and then, the bill foes from the different lords stages which included: First reading-This has been considered as the form stage. Under this, the bill has been arrive under the lords and the formal reading of the bill has been done. It includes the name and purpose of the bill. Second reading-This stage is concerned with the debate regarding the key areas that are mentioned in the bill. Members of both the houses debate over this and provides their opinion (PR, 2021).Any change that is needed in the bill has been notice by the members and discussion has been done. However, this stage of reading does not contain the voting criteria. Committee stage-Afterwards, the bill has been monitor by line to line process and the changes that are needed has been discussed. Furthermore, the strong opinion has to be provided in relation of making the changes in the bill. The house who wants to make the change in the bill has to provide the effective reason. Also, this stage may involve the voting scenario for making changes. Report stage-More debates and discussions regarding the changes in the bill has been take place at this stage. The positive and negative elements of the changes 5
has been evaluated (Craig and De Búrca, 2020).Also, again the voting has been done after identifying the negative and positive elements in the bill. Third reading-This has been determined as the final chance that is given to the members of the house for amendments & votes. The bill has been examined within making the keen observation and the changes that are needed has been monitored again. Consideration of amendments-In case, the lords has made any changes in the bill then it has been sent to the commons in order to agree upon the bill. The commons may accepts the changes and may reject. In case, the rejection has been done by commons then, the bill has been again sent to the lords. Afterwards, the lords makes the changes as per the instructions of the common and again sent it to the commons. This process takes place numerous times till the commons does not get satisfied from the bill. Royal assent-After both the houses agreed over the text that has been written in the bill then the bill gets the approval by the monarch and the bill has been changed into the law and this is how the new law has been enacted in UK (Malgieri, 2019). The above steps analysis the process of making legislation in UK. Also, it clearly depicts that in order to enact a law the bill has been passed from the certain stages and has been identified numerous times. This clearly shows that, In UK, the there is strong and effective procedure has been followed in terms of enacting the law. The meaning and examples of Delegated Legislation Delegated legislation refers to the passing of power to the another authority by the parliament in order to enact a legislation for the betterment of the community. In UK, the complete power of enacting a law is in the hand of parliament. However, in some areas the power has been delegated to the government as well. The government has to the authority to form the mandatory decisions. This has been considered as the secondary legislation as it has been made by the ministers. Also, it takes the form of the statutory instrument. For example: Rules related to the Alcohol and drug that has been established by the government is the part of the delegated legislation. Thedelegatedlegislationisimportantasitdoesnotinvolvethewhole procedure for enacting the law and the fast decision has been taken in the meetings of the government members and the law has been introduced (Kosti, Levi-Faur and Mor, 2019).The implementation of law in fast manner in highly important for the 6
areas related to the women safety, gender discrimination and so on. Thus, the process of delegated legislation entitle the external bodies in order to form the decision in the favour of the community. Part 3:UK law making process:Employment Law Statutory Duties of Employers to their employees Employment law refers to that law which is concerned with protecting the interest of the employees in the organization. Also, it assures the fair treatment to the members in the organization. In accordance with the UK law making process the employment law determines statutory of the employers towards the employees in the organization and it includes: Treating the employees with respect-The employment law delivers the guidelines about treating the employees with complete respect in the organization. It is the duty of the employers that, they must treat the employees within providing them complete value. No discrimination-In an organization all the employees has to be treated in equal manner (Cabrelli, 2020).No discrimination has to be done among the employees as the discrimination refers to the unfair treatment towards the employees and it has been considered as illegal under the employment law. Ensuring safety-The employees may face the bullying by their seniors at the workplace. It is the duty of the employer that the safety has been assured to the employees so, they can have the sense of no fear in their mind. Also, for women employees facilities related to the dropping has to be provided as many women gets free from work in night. Thus, it is the duty of the employer to assure them safety. Assure adequate rest periods and holiday leaves-Over utilization of the employees due to their high effectiveness is also considered as illegal under the employment law (Weiner and et.al., 2018).The employees must provide the break time and their holiday leave has to be given to them. Wrongful Dismissal and Unfair Dismissal Actions Thisactionsrefertothewrongfulactthathasbeenperformedbythe employer towards the employees. This refers to the dismissal of the employees without giving them valid reason of the dismissal. However, both the dismissal refers to the dismissal of employees but contains the differences. The wrongful dismissal 7
Secure Best Marks with AI Grader
Need help grading? Try our AI Grader for instant feedback on your assignments.
refers to the type of dismissal that is the part of the contract whereas, the unfair dismissal refers to that dismissal that is not considered as the part of the contract. If an employee breach the law of guidelines that has been mentioned in the contract thenthewrongfuldismissaloftheemployeehasbeendoneasithasbeen mentioned in the contract as per the rules of the organization. Different organizations has the different rules and on the basis of that the rules and guidelines has been made in the contract. On the other hand, in unfair dismissal the employee has been dismissed by the employer without any breaking of the rule. Therefore, the employee has a right in terms of making claim towards the employees. Furthermore, the action against the employer has been taken by the court. For example: Racial discrimination towards the employees in the organization and dismissing the employee on the basis of their background and colour has been considered as the unfair dismissal action and this has been determined as the completeillegal(Sorokoletova,andKornienko,2021).Thus,incaseofunfair dismissal the employee can appeal in the court. In case of wrongful dismissal the employee has to be given the notice period and if this not has been given then, the employee has a right in terms of making appeal in the court. Conclusion From the above report it has been concluded that, law plays the vital role in maintaining the legal environmental in the society. As a result, the justice has been assured to all the people living in the society. Moreover, the report has described the role of high court and supreme court in dealing with the cases. Along with this the report has described the different types of laws that assures the effective legal environmentalinthebusiness.Apartfromthis,thereporthashighlightedthe legislation making process in the UK and the delegated legislation. Lastly, the report has mentioned the law making process related to the employment law in UK. 8
REFERENCES Cabrelli, D., 2020.Employment law in context. Oxford University Press. Craig, P. and De Búrca, G., 2020.EU Law: Text, Cases, and Materials UK Version. Oxford University Press, USA. Harrison and et.al., 2018. How Montgomery is reconfiguring consent in the UK.The Lancet,392(10142), pp.102-104. Henderson, R., 2021. The Difference between Civil and Criminal Law.Criminal Law, Alaska Edition. Kosti,N.,Levi-Faur,D.andMor,G.,2019.Legislationandregulation:three analytical distinctions.The theory and practice of legislation.7(3). pp.169- 178. Malgieri, G., 2019. Automated decision-making in the EU Member States: The right toexplanationandother“suitablesafeguards”inthenational legislations.Computer law & security review.35(5). p.105327. Merryman,J.H.andPérez-Perdomo,R.,2020.Thecivillawtradition.Stanford University Press. PR, S., 2021. Single Source for Laws. Sorokoletova, M.A. and Kornienko, I.Y., 2021. DISCRIMINATION IN EMPLOYMENT LAW: LEGAL ASPECT.Annali d’Italia, (19-1), pp.25-27. Weiner and et.al., 2018. Employment Law Violations.Am. Crim. L. Rev.. 55. p.1049. 9