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

This report discusses the classifications of law in the UK legal system, including civil and criminal law, as well as the role of the High Court and Supreme Court. It also explains case law as a source of laws, the process of making legislation, and the statutory duties of employers towards their employees under the Employment Act of 1996.

Business Management
BMP4002 Business Law
Assessment 1
Legal System for Business
Law
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Contents
Introduction 2
Part 1: Classifications of Law p-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 system p-p
a) Civil Law p
b) Criminal Law p
Explanation of the role of the following Courts in the English Legal
system p-p
a) High Court p
b) Supreme Court p
Part 2: Source of law p-p
Explanation of Case Law as a source of laws p
Explanation of the process of making Legislation p
The meaning and examples of Delegated Legislation p
Part 3: UK law making process: Employment Law p-p
Statutory Duties of Employers to their employees p
Wrongful Dismissal and Unfair Dismissal Actions
Conclusion p
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Introduction
The law system of a country must adhere to the changes that occur with time thus they
must be changed and altered to deal with the dynamics of situations. Amendments of laws
help them to become perfect according to the prevailing situations so that the values and
morals of a society are kept intact. Laws are made by the government so that they can deal
with the issues and scenarios that are prevalent in the society and which must be regulated to
ensure a justice system. Laws and rules help to keep the society in discipline by guiding the
individual behavior and conduct. It also helps to have a distinction between what is right and
what is wrong according to the societal culture. For the proper implementation of the laws the
citizens of UK must show positive attitude so that their interests are protected. This report
will cover in detail the broad classification of laws into the statutory law and common law
and their implementation. It shall also make a distinction between the powers of High Court
and the Supreme Court(Adams, Freedman and Prassl, 2018). It shall also describe the
statutory duties of employers towards their employees prescribed in the Employment Rights
Act of 1996.
Part 1: Classifications of Law
Define laws and identify the respective legal systems in the UK
A society can be effectively managed with the help of a properly established legal
system. Because a law framework describes the rules and regulations which the individuals
must follow when they live in a society. Law is superior to all the legislative and executive
bodies that are prevalent in the country. A well structured law helps in guiding the people
about the rightful conduct that they must inculcate in their behavior. Only the legal system
has the power and authority to set a standard which must be complied by the citizens as non-
compliance can lead to punishments. But it is necessary for a law to do not get into conflict
and overpower the personal rights of a person which are given to them for protection. The
nature of legal system in UK is not codified as a whole which makes it effective in
implementing due to its partial written form. Based on their application, laws can be majorly
classified into two that are Statutory laws and Common laws. Firstly the Statutory laws are
basically those laws that are formed by the legislature which are the parliamentary houses
that comprise the lower house and upper house which are known by the name of House of
Commons and House of Lords. These have the responsibility of the formation of laws so that
it is easier to manage a society(Collins, 2018) . Formation of statutory law comprises it going
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through various stages beginning with introduction of a bill and then becoming an act.
Whereas the Common law are basically the case laws that means these are those laws which
are formed by the judges when decisions or verdicts are given by them in the court so that
they can be used as judicial precedents by the lower courts in their subsequent cases. These
case laws take the form of a binding effect when they are formed.
Explanation with examples the following as means of classification
of laws in the English Legal system
a) Civil Law:
Civil law is the branch of legal system of UK that basically deals with civil matters
which are matters relating to the dispute in property or family on land issues and their
respective individual rights in property. The parties of a civil law case go for conflict
resolution by getting penalties and solutions that can solve the matter. Thus all the contract
and agreement related matters on property are comprised under the civil law. The property
related matters also involve the matters of considerations which must be dealt by the civil law
judges. The civil law matters come under the jurisdiction of County Courts, Appellate courts,
tribunals, High courts and supreme courts. Under the civil law, remedial measures are given
to the innocent parties by the way of compensation and measures for damages that a party
suffers in the case(Detering and et. al., 2019) .
b) Criminal Law:
Criminal law is the second branch of law which includes the offences and crimes
under it. Criminals as the member of society are provided punishments for their wrongful
acts. The safety of a person is given the top priority under criminal law thus it protects the
people from criminal acts. It tries to establish a moral code of conduct for the people so that
they can inculcate good behaviour while being in the society and also acting in a certain
manner. Criminal law requires the study of criminology which helps to understand the
aspects of a crime which relate to the harm and damages that a victim suffers when they are
subject to a crime. Thus, it ensures that justice is given to people by also protecting their
personal liberties. Criminals are given punishments for their illegal acts in the form of
imprisonments, penalties, death penalty, etc so that a criminal gets scared and does not
commit the crime again. It also refrains the other people from indulging into criminal
activities in the society. It involves matters of crime like rape, theft, robbery, murder, etc. The
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courts that have the jurisdiction in criminal cases are Queens Bench, Divisional courts, High
courts and Supreme Courts(Duff, 2018)
Explanation of the role of the following Courts in the English Legal
system
a) High Court:
High court is one of the most essential court after the supreme court in the Judiciary
system of UK. High court has jurisdiction over several different regions of London where its
branches are established. It is also well known by the name of Her Majesty's court of
England. It deals with cases that do not come under the jurisdiction of the lower courts and
tribunals due to their limited authority. It thus involves matters that relate to public
importance. The High court benches comprises the Chancery Division, Queens Bench,
Family court, etc. generally a single judge is empowered to deal with cases that come under
the High court but there are also situations when a bench of judges gives decisions where
adjudications and solutions are required. Appeals against the decision of High court are made
in the apex court which is the Supreme court of country which carries out re hearing of the
cases.
b) Supreme Court:
Top most level of court in the Judiciary system of UK is the Supreme court which is
the apex court of the country due to the power and authority it has to deal with cases. It is
superior to all the other subordinate courts that come under it. It has jurisdiction to hear the
matters of public importance under the national level and state level. Due to its powers it is
thus regarded as the final court of appeal in the country's judiciary. It has the power to hear
both the types of cases which can be criminal and civil in nature. Thus, it has a very
important role of guiding the subordinate lower courts. The decisions given by the supreme
court become landmark cases and help in the management of society effectively thus they
must be followed by lower courts in their subsequent cases. It also has the sole jurisdiction
over the constitutional matters of the country because of the question of public interest in
them which must be protected by the supreme court (Ford, 2018).
Part 2: Source of law
Explanation of Case Law as a source of laws
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Case laws as a sources of law are the concept of common law. They are also
addressed by the name of judicial precedents which plays a very major role for the purpose of
outlining of the required legislation's. It comprise of the decisions which are being delivered
by the judges of the courts and that too mainly by the superior courts of the country. In
simple terms the subordinate courts must take into consideration the decisions made by the
higher courts in order to deliver the judgment on any case. The courts are bound to comply
with the said decisions and must deal with the cases accordingly. Further, the courts enjoys
the authority to deal with the cases which comprises of the matters related to public interest,
management of the society, concern of safety and security , etc. The idea of case laws as a
source of law are based on the principle of stare decisis, which lays a binding effect on the
subordinate courts
Explanation of the process of making Legislation
The constitution of the laws in itself is a very tedious task because it consists of the
different stages through which the every legislation is required to go through in order to attain
the status of royal assent. The very primary step of the whole process is the introduction of
the bill in the parliament of the country which further are two in number as house of lords and
house of people. Further the primary aim behind the formation the laws is to govern the
conduct of the people in the society. In the process of law making after the introduction of the
bill the very first stage is of the first reading. Here the bill is being allotted with the most
suitable title to it. The other is of the second reading where the discussion is carried out on
the aspects of the bill by the members of the parliament after which it is forwarded for the
process of attaining the majority by the way of voting. Further the last stage which is of the
royal assent, even though is just a formality but considered as one of the most important
stage of the whole process. By this the bill is said to get its legal existence and enjoys the
power to bound the people of the country(Hessick, 2019) .
The meaning and examples of Delegated Legislation
The legislations or the laws which are being formulated as a result of delegation of
the power to the subordinate bodies are called as the delegated legislations. The only body in
the country who holds the actual power for the constitution of the laws is the parliament.
Here the laws are made by the lower or executives bodies or any other such body to whom
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the power has been delegated. But it is required on the part of the body to whom the power
has been delegated to act in the given limits and in accordance of the principles and rules as
laid down by the parliament. The examples of delegated legislation can be councils,
sovereignty of parliament , etc(Pargendler, 2018)
Part 3: UK law making process: Employment Law
Statutory Duties of Employers to their employees
The employment laws of the country are one which regulates and governs the conduct
and manner of the employees as well as employers. One such major legislation in United
Kingdom is the Employment Act of 1996. The employer also owes certain duties and
responsibilities towards their employees which as mentioned in the said act are as follows-
 it is require on the part of every employer to take care of the fact that the employees
are provide with the required trainings in accordance of their jobs
 to ensure that the employees are getting the wages and salary on the times basis and
that too in accordance of the Act of national minimum wages.
 Employer must make sure theta there lies no discrimination in the workplace
 it is a duty on the part of employer to ensure that all the measures related to the heath
and safety of the workers has been taken place in the enterprise(Sznycer and Patrick,
2020).
Wrongful Dismissal and Unfair Dismissal Actions
As per the employment legislations of the country, the employee can be subjected to the
termination by the wrong way in two types which is the wrongful dismissal and unfair
dismissal. If there stands the case where any workers is asked to leave by their employer
without even knowing the reason or without expiry of the period of contract then he is said to
be subjected to fall under these categories and hence can fetch the remedy for the same.
When any worker is terminated by their employer without attaining the notice for such
termination then he is said to be wrongfully dismissed whereas on the other hand an
employee is said to be unfairly dismissed when an employee is asked to leave his job by the
employer without even being allotted for the chance of giving justifications of their own part.
Conclusion
It can be summarised from the above report that it is required on the part of every
state to have certain laws and regulations for the purpose of ensuring the easy governance.
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The legal system of the country also palsy a crucial role for the governance of the individuals
as well as the country. The laws specifies and bounds the conduct of the people and bodies.
In the sate the laws are classified into two categories which are the common and statutory
laws. Further the higher courts of the country which are the supreme court and the high courts
are considered as the important wings which contributes to the process of delivery of justice.
The said report also concludes that there lies certain statutory duty on the part of employer
towards their employees which they needs to comply with.
References:
Adams, A., Freedman, J. and Prassl, J., 2018. Rethinking legal taxonomies for the gig
economy. Oxford Review of Economic Policy, 34(3), pp.475-494.
Collins, H., 2018. Private Law, Fundamental Rights, and the Rule of Law. W. Va. L.
Rev., 121, p.1.
Detering, K.M., and et. al., 2019. Prevalence and correlates of advance care directives among
older Australians accessing health and residential aged care services: multicentre
audit study. BMJ open, 9(1), p.e025255.
Duff, R.A., 2018. The realm of criminal law. Oxford University Press.
Ford, M., 2018. Employment tribunal fees and the rule of law: R (Unison) v Lord Chancellor
in the Supreme Court. Industrial Law Journal, 47(1), pp.1-45.
Hessick, C.B., 2019. The Myth of Common Law Crimes. Virginia Law Review, 105(5),
pp.965-1024.
Pargendler, M., 2018. The role of the state in contract law: The common-civil law
divide. Yale J. Int'l L., 43, p.143.
Sznycer, D. and Patrick, C., 2020. The origins of criminal law. Nature human
behaviour, 4(5), pp.506-516.
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