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

This report provides the classification of law with the role of court in English legal system. Other then this there is explanation about the delegated legislation. Further it will provide the statutory obligation of employment rights.

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......................................................................................................................4
a) Civil Law: ......................................................................................................................4
b) Criminal Law: ..............................................................................................................4
Explanation of the role of the following Courts in the English Legal system...................4
High Court:........................................................................................................................4
Supreme Court: ................................................................................................................5
Part 2: Source of law..................................................................................................................5
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
Statutory Duties of Employers to their employees..........................................................6
Wrongful Dismissal and Unfair Dismissal Actions ...........................................................7
Conclusion..................................................................................................................................7
References..................................................................................................................................8
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Introduction
In today's era there is analyses that it is important to manage all the functions and the
rights of the individuals in a proper manner and for that government is trying to maintain all
the laws and the abiding principles. UK have the legal implications and rules which are not
fully written and they are partially codified, so the individuals rights and their working is
managed according to it. Their were given several rules and the regulations for the
individuals protection and also to manage the safety and security in the work place.
Government bodies manage the proper assessment of the laws and the rules through which
they regularize all the nature and the working principles of companies (Gardiner, McGee, and
Bernat, 2020).This report will provide the classification of law with the role of court in
English legal system. Other then this there is explanation about the delegated legislation.
Further it will provide the statutory obligation of employment rights.
Part 1: Classifications of Law
Define laws and identify the respective legal systems in the UK
Legal rules and the laws are mainly the governmental principles and the vary nature
working through which all the management and the functionality can be attained. Law is the
conduct and the improvised and legal actions which are being taken by any governmental
bodies in order to reform any place or to maintain the further growth and their vary nature. It
provides the basic principles through which all the conditions and their legislature can adapt
the systematic approach. In UK their were seen general statutes and the sources through
which the nature and the conventions are being applied. They do not have proper written
constitution and for that the implies that all the rules and the basic requirements with
principles can be in framed with in it (Aladwey, Elgharbawy, and Ganna, 2021). The UK
have statutory law in which the house of commons and the house of lords make the bill
enactment through general reading and discussion and the other one is common law which
are the judges made rules and laws through which the landmark judgments are enforced and
applied for all. This helps in making the judicial precedents and also in applying the
contingency and their varies nature of working.
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Explanation with examples the following as means of classification of laws in the English
Legal system
a) Civil Law:
These are generally the civil issues or the disputes which were being arose in all the
organisations and the individuals for any rights, agreements and the property. It has been seen
that all the rights and the issues related to the property are being managed under it. This focus
on all the property related disputes and the rights. The main aim of the civil law is to deal
with all the matters related to agreements made between the parties, breach in the contract,
property disputes and many more. The tribunals which deals with all the civil matters are like
the county court, high court, supreme court, family court and many more. The adequate relief
which is granted by the tribunals in all such cases are like the fine, specific relief, injunctions,
damages or compensation. The main aim in all the civil law is to attain and provide the duty
to take care to all the individuals(Cohen, 2020).
b) Criminal Law:
These are the issues and the legal implications which are being made for protecting
the rights of the individuals and also to create a positive approach in the society. It covers all
the offenses and the crimes that can affect the life and the liberty of people and can drag them
up for some major issues and working. Their is also been seen that in major areas as is
important that all the working and the positive should be created in the environment. There is
being seen that major crimes which are been taken into notice on criminal law are4 like
assault, murder, criminal damage through manslaughter or theft and many more. Here the
court will have to manage and apply all the laws and their general principles. Some of the
courts which deals with the criminal issues are like the Queens bench, Crown court, court of
appeal, High court, Supreme court and many more. The principles and the issues which are
being addressed in all such areas are being managed through the nature and the criminal rules
and working (MacNeil, and Esser, 2021).
Explanation of the role of the following Courts in the English Legal system
High Court:
It is well known as the Her Majesty's court of justice as this focus on managing all the
rules and the principles accordingly and contemplate the areas through which the manage
their working accordingly. It applies the court of appeal and the Crown court to be the
division accordingly. Their is been seen that major focus of High court is to manage and
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promote the law and order and their all the lower courts appeals are being raised in it. Their
managed the general nature and the principles through which the works and their
involvement can be adapted. Their are about 91 locations in England where the regular
visiting of the crown court is managed. It focus on decisioning all the civil cases and the
appeals through which the work can be adapted in different decision making. The appeals
which made for the decision of the high court are went to the supreme court to be heard(QC,
2020).
Supreme Court:
This is the final and the highest authority court in UK as it provides and manages all
the rules and the general applicability through which the nature of the working and their main
segments can be implemented. Their is been seen that ll the final hearing and the decision
making are being given on the hand of supe4reme court they hear all the appeals by the high
court, the main focus on them is to provide such judgments which are important for the
public importance and the morality in all the working and abides nature. It helps in maintain
the law an the legal terms through which the nature of the issues can be adapted. Their the
material facts and the judgments are covered accordingly. All the judgment will be binding
on all the lower courts and that will be enacted as the common law for actions (Li, 2021).
Part 2: Source of law
Explanation of Case Law as a source of laws
All the law reports and the decision making which is done in order to make the
adaptability of the judgement and also to apply the rules. These are the laws which are made
by the courts while giving any judgements for the public importance. Their main aim is to
promote they growth and the morality by applicability of rules. Common law or case law are
the most important part of UK which permits and make the judicial precedents through which
the transcripts and the general rule of action can be applied. These are the statutes,
regulations and the constitution of the principles being framed. All the decisions are implied
through the body of customary laws and their actions in which the common law and the
courts can apply their management and the working accordingly. Doctrine of Stare decisive
is an important principle through which all the rules and the law will be applied and be
created as the binding force for all.
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Explanation of the process of making Legislation
These are the law making process or the method through which the law and the
regulations are being adapted by the society. All the legislation are the law making process
through which the applicability and the protection of the society through norms can be
managed. In UK their can be seen that the House of Commons and the House of Lords are
the most important houses which takes part in making the legislation. Their is adapted that
both the houses discuss the matter and take a further decision through which the law is made
in the society and all the nature and the principles can be inclined. Here the bill is introduced
and it goes through several stages which are like the reading stages in which voting are being
taken place. Here all the necessary amendments and the regulations are being taken place and
there is been analyzed that all the loopholes are covered under it. Such from all such activities
the major areas and the workings can be made and necessary changes are implemented. Once
all is done then the bill is transferred for the royal assent through which the final applicability
of the law is enacted and that will be given and managed for all the people (Dimond, 2021).
The meaning and examples of Delegated Legislation
All such laws which are being passed by the ministers or the other governmental
bodies who after merely not have the rights to make the law and the legal formation of rules.
It is the subordinate or delegated methods through which the powers are being vested to all
other person in order to make and abide the rules and the procedures. All such rules and the
delegated legislation are being written through the management of the parliamentary scrutiny.
Further various statutory instruments are made in order to prevent the misuse all such
methods and the working accordingly. It is the the time saving process and helps to apply the
rules in mere time period. By-laws, ordinance, order of council and many more are thye
example of delegated legislation(Barker, 2020).
Part 3: UK law making process: Employment Law
Statutory Duties of Employers to their employees
Employment law 1996 is the most important rules and the legal framework through
which all the laws and the rights of the employees in the organisations and the companies can
be protected. Their main aim is to promote equality and also to maintain the law and the order
in the workplace. Some of the major right which are given by the government and the
statutory duties of the employers are like:
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 All the employees should get the safe working environment their should not be any
accidents and the misshaping. Proper conduction of rules and their applicability is
needed to be managed and supervised.
 Training and development sessions are needed to be provided which means that all
the employees in the company pr the candidates applied as freshers should focus on
managing the rules and their working nature. So employers have the duty to manage
training sessions(Tsegay, 2021).
 Salary and the re numerations are needed to be given on timely basis which means
their should not be any issues as in context to payment. Equal pay is needed to be
given to all the workforce.
 Maternity, paternity sick leave all are needed to be given to the person or the
individuals so as to maintain their work and life.
Wrongful Dismissal and Unfair Dismissal Actions
There are generally two types of dismissal which were observed in the organization
they are like the wrongful dismissal in which all the termination of the employees if being
made without applying all the rules and the norms of the government in the company then
this will be termed as the wrongful dismissal. In such cases the notice period is not being
served and there is seen that it is important to make the employee know the reasons and the
notice is also to be given. Any such dismissal give the right to employees to go to tribunal
and ask for compensation(Cordoș, Fülöp, and Tiron-Tudor, 2020).
Unfair dismissal are all the constructive dismissal through which the rules and the
nature is abides and it implies that in all those cases where the work and the manage is made
in unfair manner they can be like asking for maternity leave, flexible working shifts, equal
pay and many more. If in all such cases the employees are terminated then they can go the
tribunal and ask for the compensation for them there is important to file against all the unfair
dismissal within 3 months. And they can go to court and ask for compensation and damages.
Conclusion
It can be summarized from the above report that all the legal rules and the notion are
being made through the regulation and in UK it depends on the statutory and the common
law to make the rules and the principles. Common law are all the case laws through which the
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landmark judgments are made as the law reports and will be applied on all the individuals and
the subordinate courts. Further it can be analyses that unfair dismissal can be claimed within
the period of 3 months from dismissal.
References
Aladwey, L., Elgharbawy, A. and Ganna, M.A., 2021. Attributes of corporate boards and
assurance of corporate social responsibility reporting: evidence from the UK.
Corporate Governance: The International Journal of Business in Society.
Tsegay, S.M., 2021. Gender and Family Relations: Experiences of Highly Educated Eritrean
Migrants in the UK. Global Social Welfare, pp.1-10.
Barker, D.L., 2020. Law made simple. Routledge.
Li, W., 2021. The Normative Underpinnings of Data Portability and Interoperability in the
UK: Law, Policy, and Brexit. Policy, and Brexit (February 19, 2021).
MacNeil, I. and Esser, I.M., 2021. The emergence of ‘comply or explain’as a global model
for corporate governance codes. European Business Law Review (Forthcoming,
2022).
Gardiner, D., McGee, A. and Bernat, J.L., 2020. Permanent brain arrest as the sole criterion
of death in systemic circulatory arrest. Anaesthesia, 75(9), pp.1223-1228.
Cohen, I.G., 2020. The right (s) to procreate and assisted reproductive technologies in the
United States.
QC, P.C., 2020. Information Rights: A Practitioner's Guide to Data Protection, Freedom of
Information and Other Information Rights. Bloomsbury Publishing.
Dimond, B., 2021. Legal issues arising in the management, leadership, and development of
Allied Health Professions. In Managing and Leading in the Allied Health Professions
(pp. 117-133). Routledge.
Cordoș, G.S., Fülöp, M.T. and Tiron-Tudor, A., 2020. UK audit reporting practices in the
pre-ISA700 (2015 revision) era. Asian Journal of Business Ethics, 9(2), pp.349-370.
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