BMP4002: Business Law - Analysis of UK Legal System & Employment Law

This report provides a comprehensive analysis of the UK legal system, focusing on the classifications of law, sources of law, and employment law. It defines law and identifies the UK's legal systems, explaining classifications such as civil and criminal law, and the roles of the High Court and Supreme Court. The report also explores case law and legislation processes, including delegated legislation. Furthermore, it delves into UK employment law, outlining statutory duties of employers and differentiating between wrongful and unfair dismissal actions. The document discusses the legal rights, duties, and principles within the UK's legal framework.

BMP4002 Business
Law
Assessment 1
Legal System for
Business Law
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Table of content
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
Explanation of the role of the following Courts in the English Legal system.........................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............................................................5
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
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Introduction
Business law is an effective legal area where the governed legal rights and the duties
are being ascertained. There is been drawn that all the conduct of person and the business
areas and the relationship with which the legal practice and the governed rights are
underlined. UK has the common law system in which the partial law is written and it is not
fully codified. Their complied to have so many laws which deals with the effective corporate
strategies and working. This law relates to the incorporation of all the law in relation to the
general corporation. They are like company law, contract law, IPR and many
more(Alexander and Alexander, 2021). This report will provide the effective analysis in
relation to the classification of law where the legal system of UK is managed. Other than this
there is further provided the employment law and the mere other laws which comprised of the
general legal areas like the wrongful termination and unfair dismissal.
Part 1: Classifications of Law
Define laws and identify the respective legal systems in the UK
Law is the command of sovereign through which all the reflective enforcement of
legal rights is being drawn. There is been seen that law is the superior authority which
pertains to provide the effective corporation of the legal rights and duties. Law gives the
direction of working through which the company and the individuals can manage the working
in a systematic manner. UK have the common law legal system in which it draws to maintain
the legal rights and the principles accordingly(Beatty, Samuelson and Abril, 2022) . There is
being termed out that UK law have primary as well as Secondary source of law.
Primary source of law comprises to have the legislation and the case laws in which all
the statutes, principles, statutory instruments Ans the otter areas are covered. The order of
council, by-laws are also being effectively applied and enforced through legislation of UK.
Whereas, the Case laws are the other important implementation in which all the court of
records and the binding principles are taken and followed. In UK there is House of Lords and
House of Common which h encompasses all the activates through which the decision making
of the courts is being created and the other general rights are specified. The legal system and
the working over the UK court managed in independent form through House of Lords that
works as a second chamber and also complements the working and helps in shaping and
managing the legal principles and amendments.
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Explanation with examples the following as means of classification of laws in the
English Legal system
a) Civil Law: It is the law which deals in all the civil matters and formulates the civil wrongs
and the non-criminal activities. This law mainly protects the right of individuals and also the
duties and the effective policies with the legislation and the common law in action. The
burden of proof ion the civil law is being dependent on the breach which is being made
through which the loss is being suffered and also the duty of care(Clevenger and MacGregor,
2019) . The civil law majorly applies the compensation and damages as the adequate relief to
the party and all the cases are being filed through the private individuals. Some of the main
cases which generally deals in civil law are the injunction, property related matters and many
more. The court which deals in all such areas are like high court, supreme court, county court
etc.
b) Criminal Law: this court generally manages all the law and the cases in which the
criminal offences and the laws in relation it the criminal region is being complies, there is
being seen that all the criminal cases are where the parties are being hurt and also
individually idealized through which the deals and the property and person related issues are
being taken there is also idealized that the criminal areas where they incorporate all the
criminal activities and the general working. There is being acknowledged that all the harm
which is being made to the individuals are covered in it (Dutcher, 2019) . The punishments
which are drawn to the criminal areas are fine, imprisonment, death penalty etc. the court
which deals with the criminal matters are like family court, division court, high court,
supreme court and so on. Their main aim is to protect the life and liberty of the person.
Explanation of the role of the following Courts in the English Legal system
a) High Court: It is the Her majesty court of England which deals with all the issues in
relation to the general high value working. It deals with both the criminal as well as
civil issues and this have the three divisions which are Chancery division, Queens
bench and Family division all such are being managed and are under the High Court
(Haggard and Haggard, 2018) . Most of the proceedings which Are led by High court
are being managed by the single Judge and there is seen that all such areas and the
working where numbers of judges are being involves are in the divisional judge’s
benches.
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b) Supreme Court: This court was established in 2009 and is being authorized through
the constitution act. It is the most important and the higher t court of appeal where the
decision made by the supreme court is final and another judgement can be drawn and
made after the judgment is being led out by the supreme court. There is also being
seen that supreme court deals with all the matters of appeals in which they try to hear
both the parties and all the material facts are being collected there in which the
composition and the effective working is being adjoined. All the decision laid by the
supreme court has the final orders and no appeals will be heard therein.
Part 2: Source of law
Explanation of Case Law as a source of laws
Case law or can be termed as the sources of claw which are being adversely being
known as the most important part of parliament or of UK. This is mainly all such law making
principles through which the decisions and the rules are being made. The case laws are the
doctrine of judicial precedents which are decision made by the higher court or any of the
landmark judgments which are drawn or being given by the courts. All the case law creates
the binding impact on all and this will be undertaken as the most important form of
incorporation of law (Mayer, 2018) . The supreme court and the jig court provide the
effective land mark judgement which will be taken in records and are undertaken to be
binding on all. Once the decision is being made it will be complied as the law reports ad are
framed in the written manner in it.
Explanation of the process of making Legislation
A rule, law, set of laws that is passed by the Parliament in order to form or make a
new law. The main role of the legislation is to provide, authorize, regulate, declare, grant,
restrict, sanction any law in the country. The power to make a law, rule or act is in the hands
of the parliament as it is the legislative authority of the government. Parliament can enact,
enforce and amend existing laws and can also repeal old laws. The powers of the legislation
are divided into three parts which includes the State list, Union list and Concurrent list. An
act is a primary legislation that is passed by the parliament in order to impose legal
obligations on the people within the consideration of enforcement of such act in the form of
law
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The meaning and examples of Delegated Legislation
It can be known as subordinate legislation that is not under the direct control of the
parliament but comes under the authorization of act of parliament. It is enforced by an agent
of a legislative body who is subordinate to the legislature or lower in rank to the legislature. It
is basically an individual or body that authorizes its power other than the parliament. It is
mainly controlled by the judiciary and parliament where the overall control is in the hands of
parliament as it sanctions or authorizes the bill that is passed to take the form of law with its
enforcement. The implementation and administration of laws is done through the primary
legislation that is enforced by the executive authority of the government (Parsons Jr, Russell
and Douds, 2020) . The main advantage of delegated legislation is that it helps in decreasing
the work load of parliament by implementing influential decisions with the advice of experts
in the parliament
Part 3: UK law making process: Employment Law
Statutory Duties of Employers to their employees
The UK employment law is a comprehensive legislation that secure the rights of the
employees and employers at workplace. The legislation framework influences the behavior
and conduct of the employees and employers at workplace. It avoids the conflicts and
misunderstanding among them. The Employment law of UK is complex and protect the legal
right of the individual and gives equal protection to all the employees. The UK employment
law binds the employees and employers with the terms of the contract that specified the rights
and responsibilities of each other. It is a written document that laid down several terms and
contract that are enforceable against each other. The safety and security of the employees are
the paramount objective of organization to identify their efforts and overall performance of
an organization. The set of rules and standards complies the employees and the management
to implement the rights and obligation of each member working in an organization.
There are certain statutory duties of the employers towards their employees that are discussed
below:
 Duty to allow paid leaves to their employees.
 Duty to pay wages and salary without any kind of discrimination.
 Duty to redress their grievances arise at workplace.
 Duty to legally enter into employment contracts.
 Duty to ensure safe and healthy working environment.
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 Duty to provide adequate information regarding the associated risk and injury
involves in any activities.
 Duty to train and guide their employees to motivate them.
Duty to give prior notice for their dismissal from place of employment
Wrongful Dismissal and Unfair Dismissal Actions
The major difference between the Wrongful and Unfair Dismissal involves right of
the parties. The unfair Dismissal is a statutory right of the employees that is envisaged under
the Employment Rights Act of 1996 whereas, the Wrongful Dismissal is a contractual right
of a person that evolved through employment contract.
Wrongful dismissal is a claim made for the breach of the terms of the contract of
employment. This is generally happened when employer dismissed the employee without
giving reasonable notice or with less the minimum duration of notice as specified by the
terms of the contract. The advance notice for maximum of 12 weeks is given employees for
lawful dismissal. It is a kind of pre-mature termination of employee from their place of
employment.
Unfair Dismissal is take place when employee is unfairly dismissed from their workplace.
When there is no fair reason and enough background of their fair dismissal is characterized
into unfair dismissal of employee(Walker, Pekmezovic and Walker, 2019). The Employment
Right Act of 1996 defines the grounds for fair dismissal of employees which includes
capability, conduct, illegality and any other reasonable ground are sufficient for their
dismissal. The Aces Code of Practice for dismissals on the ground of conduct and capability
is provide the procedure for initiating an action against the unfair dismissal of the employees.
Conclusion
From this above report, it has been concluded that the UK legal system is diverse and
vast. It aims to secure the legal rights of the individual and provides them effective legal
mechanism. The various sources of law contribute in the continues growth of UK legal
system. The International Convention, treaties, legislation, customs etc. plays significant role
in their economic growth and development across the globe. The UK business law laid down
the detailed legislation to incorporate the business and ensure the effective functioning of an
organization. The Employment law facilitates the better interaction among the employees and
employers. It motivates and encourage them towards the achievement of organizational goal.
Therefore, the growth and success of an organization is completely depending upon the
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satisfied employees who contribute their maximum efforts towards the success of an
organization.
REFRENCES
Alexander, Y. and Alexander, D.C., 2021. Terrorism and business: the impact of September
11, 2001. In Terrorism and Business: The Impact of September 11, 2001. Brill Nijhoff.
Beatty, J.F., Samuelson, S.S. and Abril, P., 2022. Introduction to Business Law. Cengage
Learning.
Clevenger, M.R. and MacGregor, C.J., 2019. Business and Corporation Engagement with
Higher Education: Models, Theories and Best Practices. Emerald Group Publishing.
Dutcher, C.W., 2019. Engaging legal and ethical environment of business students with
create a law days. J. Legal Stud. Educ., 36, p.59.
Haggard, D.L. and Haggard, K.S., 2018. The impact of law, religion, and culture on the ease
of starting a business. International Journal of Organization Theory & Behavior.
Mayer, C., 2018. Prosperity: Better business makes the greater good. Oxford University
Press.
Parsons Jr, D.F., Russell, R.J. and Douds, K.M., 2020. The Business Lawyer—Seventy-Five
Years Covering the Rise of Alternative Entities. Bus. Law., 75, pp.2467-2485.
Walker, J., Pekmezovic, A. and Walker, G., 2019. Sustainable development goals:
harnessing business to achieve the SDGs through finance, technology and law reform. John
Wiley & Sons.
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