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

This report covers numerous keys elements of laws existing in society and their implementation. Further, it describes the duty of courts prevailing under UK laws. Moreover, it directs responsibilities of employer towards its employees and procedure of termination being unlawful and dismissed by law.

Business Management
BMP4002 Business Law
Assessment 1
Legal System for Business

Contents
Introduction 3
Part 1: Classifications of Law 3-5
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 4-4
a) Civil Law 4
b) Criminal Law 4
Explanation of the role of the following Courts in the English Legal
system 5-5
 High Court 5
 Supreme Court 5
Part 2: Source of law 5-6
Explanation of Case Law as a source of laws 5
Explanation of the process of making Legislation 6
The meaning and examples of Delegated Legislation 6
Part 3: UK law making process: Employment Law 6-7
Statutory Duties of Employers to their employees 7
Wrongful Dismissal and Unfair Dismissal Actions
Conclusion 8

Introduction
The growth of society prevails on the structure of legal system. It becomes significant for
law making authority to make amends regarding it. To bring change in society people must conduct
its activity in accordance with behaviour of social norms. Rules and regulation should be relevant to
avoid ratification in law and carry its act effectively in reference to current situation. Such law must
regulate growth of both its people and nation . The report covers numerous keys elements of
laws existing in society and their implementation. Further , it describes duty of courts prevailing
under UK laws. Moreover, it directs responsibilities of employer towards its employees and
procedure of termination being unlawful and dismissed by law.
Part 1: Classifications of Law
Define laws and identify the respective legal systems in the UK
There are various rules which prescribes the impact of these regulation in management of
society efficiently. The written laws administer and enforced in country. Such laws dominates and
command enforcing conduct of people living in a country. The authority cannot take away basic
rights of people. Under common law, the laws framed are not written in proper form. Laws in such
territory are categorized in two distinct division which are common and statutory law . The legal
system which recognises its authority from judicial precedent such as High Court and Supreme
Court, where order of such authority is mandatory on its fellow courts below it, had to follow..
While statutory law derive its power of authority from two houses of parliament as House of lords
and House of people. The Parliament are legislators who makes law and implement it by force of
these two houses and are codified in nature. The procedure of law initiate when it introduces itself
to house of parliament draft presented as authorised in form of bill. A bill become law after the
effect of approval from legislative council.
Explanation with examples the following as means of classification of laws in the
English Legal system
a) Civil Law:
The classification of law is interpreted under mainly two division of court . One of such
courts is civil court, which governs issues related to property dispute between individuals or group

and basic rights regarding it. It ensures security and safety of people preventing any loss or damage
to citizens of country. This set of law talks about contractual obligation and agreement between
parties. It also covers basic rights of individual and rights in respect to belongings of citizen.
Besides, it discusses about failure to completion of contract and accountability to pay fine and
compensation in relation of damage caused by party in proportion relief depends on scope of harm
inflicted on party. Such matters and issues are regulated by UK Supreme Court, High Court and its
subordinates.
b) Criminal Law:
Under this division of law, the general scope of law deals in commission of such activity or
where act has been omitted consist as an offence in eye of law when it affects individual and
society. These acts are dealt under various statutes of law like criminal law under certain provisions
regulated in its behalf. The objects of such law implements with regard to security of its people and
administer law enforcement and behaviour of society in accordance to it. These type of law in
general ensures security from any harm inflicted against body, reputation, mind of person. Such
rights are right of liberty, freedom to citizen of country. The defence mechanism to victims in such
case by making other person who inflicted harm to punish for its deeds rigorously on omission.
Such act of punishment can be either paying compensation to victims or lifetime imprisonment in
some grievous aspects death penalty also delivered to a person. These facets are dealt by Supreme
court, High Court, queens bench and also divisional courts etc.
Explanation of the role of the following Courts in the English Legal system
 High Court:
The English legal system comprises of majorly two types of court one such is High
Court which has wide scope in growth of society. This is because such court exists in every
particular state and authority hereby referred as Her Majesty. The legal system in this court
determines cases in relation both civil and criminal matters having prime importance. Its procedure
work as case is filed in its subordinate court and when any such person not satisfied with decision of
such court files appeal in High court. It includes appellate jurisdiction thereto in most cases. This
court comprises of divisional bench, Queens bench and so on. In various cases determination of
bench in accordance with it is dealt under circumstances of how serious crime or omission is for
that matter. This is to ensure justice delivered in good faith to court .

 Supreme Court:
The other court of justice is Supreme Court, considered as highest court which delivers fair trial
and provide justice to an individual or association in relation to the case. It is also termed as apex
court. This court directs its decision to be final and mandate the society to follow it. This division of
court precedes its subordinates. The main object of such that justice must prevail in respect to
uniform legal system adopted by society. It also comprises matter of both national and international
matter concerning reputation and security of country . It is final destination for civil and criminl
appeals for unresolved grievances by its subordinate court. This court is bound by obligation to
perform its role efficiently. In relation to specific matters the duties of court comes under integrity
of UK constitution by such authority.
Part 2: Source of law
Explanation of Case Law as a source of laws
Under English law, the primary aspect of laws are case law. The decision or judgement of
the apex court known as Supreme court and High court compels the lower authority by its order
where guidelines given by them in correspondent case. The responsibility of lower court is to
monitor the decision of High courts particularly in relation of petition filed regarding order in such
case. The application of such source of law rely on Stare Decisis concept, under which former
judgement bounds the case having similar facts in issue..
Explanation of the process of making Legislation
Common law prescribes construction and foundation of constitutional law in distinct groups.
Firstly, it provides detail information with reference to law discussed before house of Parliament
facing various facets involving implication of such regulation prior to its applicability. After this it
discusses about issues with respect to effect of bill on society and citizen. Finally the draft of bill
comes in force when both house has voted their opinion for or against implementation of such bill.
If vote is in favour of law application, then final assent given by Queen of England. Therefore, law
comes in effect making citizens liability to abide such rule.

The meaning and examples of Delegated Legislation
The common law of England elaborates one such aspect of Administrative law which is
delegated legislation. In this concept of law, one of autonomous body having sovereign authority to
delegates its power to a lower authority. Such authority can be Parliament which is law making
body. It gives its subordinate power to make and implement law as per its instruction or guidelines
laid by them. The principle of administrative law comes in effect when the load and amount of work
is huge and for reducing such burden in execution of law it gives authority to individual who have
expertise in a particular field. For instance, Order of councils, the Parliament, etc. Such people are
qualified in their own way which helps the application of law enforce efficiently. Whereas statutory
regulations are one of simplest form to delegate legislation.
Part 3: UK law making process: Employment Law
Statutory Duties of Employers to their employees
The common law of England provides various legislation implemented on Employment
laws. One such is Employment Act, 1996 which elaborates relation between owner of company and
its workers employed or hired by an organisation. It also discuss about responsibility of enterprise
towards its staff. There are following duties of company manager which are as follows-
 It is duty of every manager of company to dedicate its staff in a training programme for
analysing their efficiency in a particular field.
 Each employee have right to demand and receive fixed salary from company in exchange of
its service given by them to organisation with leverage of remuneration in accordance with
Minimum Wages Act.
 The duty of company owner is to keep check that whether any unfair or unlawful practices
taking place in company like for instance, discrimination on grounds colour, sex, race,
gender etc. In such case enterprise will be liable for such conduct.
 In terms of health check-up on regular basis of its workers, the owner of company must be
vigilant in regards to address the safety and security of staff.
 Rules and regulation with respect to terms of company giving wages to its employee must
be just, reasonable and fair with reference fixed duration of work, must be conducted by an
organisation.

Wrongful Dismissal and Unfair Dismissal Actions
Dismissal of employees is one of the major concern with regards to Employment laws. The
most crucial forms of dismissal addressed under UK common legal system. These includes
wrongful dismissal and unfair dismissal which talks about termination of workers.
One of such is wrongful dismissal which elaborates about procedure of company aborting workers
by unfair means without giving due notice before termination. It also discuss about case where an
individual cessation is enforced before completion of lawful agreement. Whereas, unfair dismissal
comes in effect when an individual being employee of company gets terminated without any valid
reasoning behind it. Like for example, maternity leave by female worker in contract is ceased to
work by the enterprise.

Conclusion
From the above report it has been concluded that objective of legislation respect to
management of society and uniformity in actions of people behaviour. For determining the conduct
there are two aspects which derives enforcement of legal system in UK. First is statutory law
which monitors procedure of law making as Parliament two houses, which are House of lords and
House of people. The second one comes in existence under English law when judicial authority
hereby articulate its decision which becomes binding on society being obligated to follow. The class
of courts as such is classified into - High court and Supreme Court assists issues having both civil
and criminal facets of law. Supreme court being the apex court hears pleading of appeal and
resolves other issues related to integrity of country reputation and image in world at large
comprising basic rights of individual. Further it discusses about legislation regarding employment
laws making owner of company duty bound to fulfil certain responsibilities towards its employees
for proper management of organisation.

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