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

This report analyzes the legal system for business in the UK, including classifications of law, sources of law, and the UK law making process for employment law. It covers civil and criminal law, high court and supreme court, case law, delegated legislation, and statutory duties of employers to their employees.

BSc (Hons) Business Management
BMP4002 Business Law
Assessment 1
Legal System for Business
Law
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Contents
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Table of 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..............................................................................................................................................3
a) Civil Law: ...................................................................................................................................3
b) Criminal Law: ..........................................................................................................................4
Explanation of the role of the following Courts in the English Legal system.................................4
High Court:......................................................................................................................................4
Supreme Court: ...............................................................................................................................4
Part 2: Source of law........................................................................................................................5
Explanation of Case Law as a source of laws ............................................................................5
Explanation of the process of making Legislation...........................................................................5
The meaning and examples of Delegated Legislation.....................................................................6
Part 3: UK law making process: Employment Law ........................................................................6
Statutory Duties of Employers to their employees .......................................................................6
Wrongful Dismissal and Unfair Dismissal Actions ......................................................................7
Wrongful dismissal.....................................................................................................................7
Unfair Dismissal..........................................................................................................................7
Conclusion.......................................................................................................................................8
References........................................................................................................................................9
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Introduction
Business law defined as bunch of rules and regulations which is formulated by the fundamental
law of nation. This business laws are involves with the business activities. The purpose of
formulation of law is to render righteousness and resolution to the conflicts featured by
organization or customer of country. The law is developed to punish the unfortunate person who
disobey the laws formed by constitution.
The present study will analysis the laws of legal system followed in UK and what is the
purpose of developing laws or what roles played by the judicature of country in order to drop-off
the crime rate in the country. The examination of report will shade light on what are roots of
Laws and in what manner the law of UK works with process criteria of law making in united
kingdom.
Part 1: Classifications of Law
Define laws and identify the respective legal systems in the UK
Law is defined as the system of rules and regulation settled by the society as well as
representative authorities of the country in order to treat the criminal and crimes of nation. Law
belongs to the various act in which the victim should be punished by imprisonment and penalties
(Wallace, and Martin-Ortega,2020). The standard of laws are developed under the fundamental
law which is imposable to all patriot of the specific nation. Sets of rules and regulation are
followed differently as all countries have their own law individually.
The UK law does not consist of single judicial system of rules because laws were created
by governmental Federal of country. UK legitimate system is divided into cardinal parts which
are England and Wales, northern Ireland and Scotland. These laws of United Kingdom formed
according to the geographical area of a country.
Explanation with examples the following as means of classification of laws in
the English Legal system
a) Civil Law:
The civil law is defined as sets of rules and regulation developed in context resolve the conflict
between man-to-man and the management as well as among parties (Russell, 2021). In civil
constitution in a situation a single person evidenced as blameworthy as that individual turn to
liable for compensation rather than punished by imprisonment. Commonly civil law belongs to
the evidence or belief which is subordinate to commercialized organization. The legal
proceeding of civil law are filed by the private parties. The civil law consists of crimes likes one-
on-one harm, failure of statement, Occupation judicature, Carelessness. The fundamental law of
country has right or power to take action against who ruin the peace.
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b) Criminal Law:
Under this legal system the law is concern with the criminal constitution that affect the society in
unsupported personal manner. The law present judicature to the people of nation by analysis
whole crime with the help of investors. Any respective person refuse to obey the criminal laws
of the administrative division then that individual speculates to face commendable action of law
by the governance. Condemned person may acquire punishment of imprisonment or have to pay
fine or penalty services against law-breaking. Condemn-able damage, sexual assault, murder,
manipulation, wealth laundering, consume drug and dealing of drugs are the illustration of
criminal law. All the rules and regulation set by the constitution are supposed to followed strictly
(Farmer, 2020).
Explanation of the role of the following Courts in the English Legal system
High Court:
High court is as form of court which is centralized in London and consist of three divisions that
is The Chancery Division, The Family Division and The Queen's Bench division. These courts
generally deals with the civil cases and sometimes it also handles the criminal cases. It mainly
focuses on the rights of a person and punished those who violates the law. The Queen's Bench
Division is superior over the inferior courts and the majority of jurisdictions lies with this court.
It consists of three special courts like Commercial, The Admiralty and The Administration court
and consist of 73 judges and the president of Queen's Bench Division(Ashworth, and Perera,
2018). The Chancery Division deals with the cases related to the property or intellectual
property, company law with three special divisions The Companies Court, The Patent Court and
the Bankruptcy Court. The Family Division court deals with the disputes related to the family
matters such as divorce, guardianship of children etc.
All the high court judges sit in any Division, managing both law and equity. The High Court is
the second part of the senior courts of the England and Wales, ranking below the Court of
Appeal and above the crown court. The UK judges are appointed by the Queen on the advice of
the Lord Chancellor.
Supreme Court:
Supreme is considered as an apex court as the final appeal lies with this court and the decisions
made by the supreme court is binding on all the subordinate courts. It plays a very vital role in
the development of the laws and all the cases such as civil and criminal cases are dealt by the
Supreme Court. These courts in the English Legal System maintains the standards which are
declared by the Appellate committee and is not separated from the Government and Parliament.
Supreme Court as an appeal court hears the case unless the order has been passed by the lower
court. It is considered as the final court of appeal for the cases in the United Kingdom including
the civil and criminal cases(Bryson, et.al, 2017). It also hears the appeal which is connected with
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the public importance. Main emphasis is given to the public and constitutional importance and it
also acts as the leader in the Common Law.
Part 2: Source of law
Explanation of Case Law as a source of laws
Case laws are primary source and are published in the reports and its depends upon the judicial
decisions which is based on the laws, rules and regulations. It is majorly concerned with the
cases which can be resolved by considering the facts of that case. These case laws can be
changed with the common law and are basically connected to the precedents. The decisions are
made considering the previous case facts which relates to the present case. It is defined as the
group of authority that was involved in the decision-making of the case. Every case law is
different in every jurisdictions and have different judgments(Haux, et.al). The case law helps in
making decisions quickly without utilizing much time related to any dispute.
In Common Law traditions courts decide the laws that are applicable to a particular case by
analysing the statutes and precedents which has same facts and similar decisions related to the
present case. In some common law systems, courts are bound to follow the decisions of the
previous made judgments relating to similar facts.
Explanation of the process of making Legislation
This process involves various stages:
First stage: In this stage, the bill arrives in the Lords where the Bill name is read in the chamber
and is just a formality.
Second stage:In this stage, the debate takes place and members discuss the concerns about the
bill and areas where changes are necessary.
Committee stage:At this stage, detailed review of texts and amendments is made and it is made
from the start till the end and voting will take place in order to decide the changes to be made.
Any member can take part in the voting process.
Report stage:This stage involves examination of bill and make necessary changes in the rules and
regulations and further discussions are done ion order to make necessary amendments and
changes in the bill.
Third reading:It is 'tidying up' stage which aims at closing the loopholes and is considered final
level to make amendments and voting.
Consideration of amendments:If any changes takes place in the bill than the draft is sent to the
commons for the consent(Leyland, 2021). It depends upon the commons that they can agree on
the changes, make their own changes or reject the changes and the respective changes are sent to
the Lords.
Royal Assent:When both the housed agrees on the changes and amendments then the Bill is
approved by the monarch and becomes law or 'Act by Parliament'.
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The meaning and examples of Delegated Legislation
Delegated Legislation is derived from the parent act which declares its procedures as it saves
time of the parliament to deal in the other important matters. It is concerned with various
changes in the government policies. It also helps in solving the problems of government timely.
It is also known as secondary legislation and is not enacted by the parliament but by the other
government bodies to whom power is delegated. These powers are included in the Bills which
are represented to the parliament by the government. As per the laws and constitution of the
United Kingdom, Parliament has the authority to delegate its powers to make laws. The authority
given to the ministers are called delegated powers which are vested to them to make
laws(Schoeller, and Héritier, 2019). It also includes the various procedures and relevant
elements in framing these laws and authorize to the government authority and guide them in
making necessary changes and modifications in any area of the law.
It saves time by reducing the burden of the Parliament so that they can focus on the other
important matters relating to the law and by delegating the authority they can use their
knowledge in the areas in which they are expertise. It also helps in the emergency situations
where the decisions are to be taken without wasting time.
Part 3: UK law making process: Employment Law
Statutory Duties of Employers to their employees
Under the Employment Law, it is the responsibility of the employer to maintain safe and healthy
environment and also the risk involved at the workplace. It is important that due care is to be
taken those who are affected from this.
National Minimum Wages:Employer should pay at least national minimum wages to the
employees and also ensure safe environment at workplace.
The policy should be made were certain fixed holidays should be provided to the workers.
Various assessment programs should be carried out to identify the safety and risk involved which
can harm the workers working there.
Proper precautions should be taken whether it is large or small scale organization(Agudelo, et.al,
2019). Plans should be made in case of any emergency which arise in the organization to cope up
with it.
The employees should be provided incentives as it works as a motivator to work in the
organization.
The employer should, make sure that no discrimination takes place in the premises and should
adopt various measures to eliminate these practices in the organization.
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Wrongful Dismissal and Unfair Dismissal Actions
Wrongful dismissal
When a person is dismissed from the employment in relation to the breach of contract is known
as wrongful dismissal of the employer. It takes place without giving prior notice to the respective
person under the employment act. It is different from the unfair dismissal as it is related to
breach of contract and unfair dismissal id related to the overall fairness of the dismissal. The
person dismissed can claim compensation and amount of damages suffered due to this
dismissal(Hudson-Sharp, N.and Runge, 2017). The damages claimed includes the pension and
bonus of the worker accrued during the period of employment.
Unfair Dismissal
According to the Employment law, When an employer does not have sufficient reason for
dismissing then it is said to have unfair dismissal. Under the unfair dismissal, the person can
claim damages against the employer. When the case is bought before the tribunal, the court
consider following points firstly, that the employer is dismissed or not and secondly, the
dismissal is unfair or not. To claim for the damages, an individual is required to complete its two
years of service in the organization. The reasons for dismissal can be misconduct of the parties or
incapability of a person.
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Conclusion
From the above report, it can be summarized that business helps the organization to
function effectively by settling the disputes in efficient manner with the help of rules and
regulation which helps in avoiding necessary misunderstandings among the persons. Laws are
the rules and regulations of the country which is binding on all the persons living in the country
and apart from it provisions has also been laid down for violation of these laws. Precedents are
also considered as major components as it help the courts to consider the facts and decisions
declares in earlier cases. Two types of laws are explained Civil Law which deals with the
offences such as negligence and injury and criminal cases. It also highlights the importance of
Supreme Court as it is considered as the highest courts and its decisions are binding on the
parties to the dispute.
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References
Books and Journals
Ashworth, A. and Perera, S., 2018. Contractual procedures in the construction industry.
Routledge.
Bryson, et.al, 2017. Of, for, and by the people: the legal lacuna of synthetic persons.Artificial
Intelligence and Law 25(3) pp.273-291.
Haux,et.al, 2017. Shared care after separation in the United Kingdom: limited data, limited
practice?. Family Court Review 55(4)pp.572-585.
Leyland, P., 2021. The constitution of the United Kingdom: A contextual analysis. Bloomsbury
Publishing.
Schoeller, M.G. and Héritier, A., 2019. Driving informal institutional change: the European
Parliament and the reform of the Economic and Monetary Union. Journal of European
Integration 41(3) pp.277-292.
Agudelo, et.al, 2019. A literature review of the history and evolution of corporate social
responsibility. International Journal of Corporate Social Responsibility 4(1) pp.1-23.
Hudson-Sharp, N. and Runge, J., 2017. International trends in insecure work: a report for the
Trades Union Congress. Londres: National Institute of Economic and Social Research.
Russell, Y., 2021. Criminal Injustice. In The Critical Legal Pocketbook. CounterPress.
Wallace, R.M. and Martin-Ortega, O., 2020. International law.
Farmer, L., 2020, November. The Aims of Punishment and the Aims of the Criminal Law. In
The Aims of Punishment (pp. 1-14). Nomos Verlagsgesellschaft mbH & Co. KG.
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