Types of Laws and UK Law Devising Process: Employment Law

This report discusses the categorization of law, sources of law, and UK law devising process for employment law. It explains the statutory obligations of employers and wrongful dismissal. The report also highlights the importance of delegated legislation.

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Table of Contents
INTRODUCTION...........................................................................................................................1
MAIN BODY...................................................................................................................................1
Part 1- Categorization of Law................................................................................................1
Part 2: Source of law..............................................................................................................3
Part 3: UK law devising process- Employment Law ............................................................4
Conclusion.......................................................................................................................................5
REFERENCES................................................................................................................................6

·INTRODUCTION
The term law means the regulations that are formulated by the legislative body of the
country in order to run the country. These laws are formulated in order to make a universal
approach in the country. Moreover, there are various laws in the country such as the business
law, criminal law, civil law, revenue law, etc. The business law explains about the laws that
regulate the functioning of the business(Anyim, 2019). Moreover, the business law also covers
the employment law. The employment law explains about the relationship between the worker
and the employer of the company. This report will discuss about the types of laws along with the
kinds of the courts in the country. Moreover, it will also discuss about the sources of law. It also
defines the law term. Moreover, it would also detail about the rights of the worker in an
organisation under which he is working.
·MAIN BODY
·Part 1- Categorization of Law
Define law and determine the various legal systems applicable in the UK.
The term law can be defined as the social concept as per the perception of Jurist Austin.
Moreover, Austin defines the law as the relationship between the power and obedience. The
power is derived by the legislature that formulates the law for the citizens of the country.
Moreover, the citizens on whose these laws are applicable must comply with the law in their
regular life. So, there must be the existence of the obedience of law by the people of the society.
This is because in the absence of this, the law would have no meaning if no one would comply
with it. Further more, these laws are categorised into several types. These laws are the secondary
laws and the primary laws. The secondary laws are created from the judgements given by the
judges in the court of law. These judgements are known as the judicial precedents. These judicial
precedents are applicable to all the lower courts of the judiciary. Moreover, the primary laws are
those laws that is created by the parliament of the country after heading with several discussion
in the house of the parliament(Brenkert, 2019).
There are also other categorisation of types of laws that would include the common law
and the statutory laws. The common laws are those laws that is not in the codified manner as per
the law of the country. Moreover, the statutory law are those laws that are formed by the
legislature of the country. Moreover, these laws are in the codified manner as created by the
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parliament of the country. It also includes the policies that are formulated for the citizens of the
country. There are also different case laws that are made applicable by the different courts of the
country.
Discuss with the illustration on the following as the way of classifying the laws in English Legal
system.
a) Civil Law-
The civil law are those laws that deals with the non criminal matters. It includes the laws
related to the property, revenue, contract, etc. In general, these laws helps the aggrieved party to
receive compensation from the defaulter party. Moreover, the compensation is generally in terms
of money as allotted to them by the courts of the country. Moreover, this clarifies that there is
the breach of duty in the case. Moreover, the breach of duty would result into the breach of right
of some other person. So, in order to compensate the parties, there are various remedies provided
by the courts of the country. These remedies includes the mediation, injunction,
compensation,etc(Butler, 2021).
b) Criminal Law:
The crime is the illegal act that is done by the criminal in any case. The laws that
deals with the crime are known as the criminal law of the country. Moreover, there are various
types of crimes such as robbery, rape, molestation, sexual assault, trespass, etc. These crimes are
to be decreased in the society in order to maintain the order in the country. There arises the need
of the criminal law in the country. Further more, these criminal cases are deal in the criminal
courts, Supreme court and the High court of the country.
Explain the function of following Courts in the English Legal system.
aHigh Court: The High court comes below the apex court of the country. It basically deals with
the matters related to disputes between the different districts of the country. There also lies
various types of cases that can be filed in the high court. Moreover, every state has its own high
court. This is also an example of sharing of powers in the judiciary. In addition to this, the
appeals can also be filed in the high court by any person as prescribed by the law of the country.
bSupreme Court: This court is the top level court of the country. This is also known as the apex
court of the country. Moreover, there also lies various cases that can be practised in this court.
Further more, the Supreme Court handles the cases of disputes between the states of the country.
Moreover, if any party is not satisfied by the decision of the high court, then it can also file the
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appeal of that case in the apex court of the country(Cejnar and Duke, 2018). Further more, it
also deals with the issues related to national importance of the country such as the army, political
matters, environment, etc.
l壱Part 2: Source of law
Discuss the Case Law as a source of law.
The judgements that are given by the courts of the country are known as the case laws.
Moreover, these judgements are always applicable on the lower courts such as the high court or
the district court of the country. In addition to this, the case laws outlines the law that must be
applicable on the similar cases in the future. The case laws also provide for the way to solve the
cases more easily. Moreover, these case laws are mandatory to be followed by each and every
lower level of courts. This can be explained as a judgement given by the High court is
mandatory to be followed by the district court and the session court. But, it is not bound able to
be followed by the Supreme Court as it has the higher authority then the high court. Moreover,
the principle of Stare decisis is applicable on the judicial precedents as delivered by the courts of
the country.
Detail the process of making the Legislation(Hanretty, 2020).
The process of making the law for the country is very complex. This is because there are
various steps that has to be followed by the parliament while creating the law for the country.
This is a complex process because the legislature has to keep in mind that it would not infringe
the rights of any party in the case. Moreover, there are also various steps that are included in
forming the law of the country. The legislature mainly formulates the law that has the national
importance in the country. The legislature also formulates various laws that is to be applicable
on each citizen of the country.
There are three steps that are included in forming the law for the country. The first step is
to create a draft in the legislature on a specific topic on which the law has to be formulated by
the parliament. Moreover, after the compliance of the draft, the discussion is held in the
parliament regarding such draft. The discussion plays a very important role in drafting the law
for the country. This is because various positive and the negative aspect of the draft is discussed
in the meeting. There also lies different perspective of the different people in the meeting. This
is because there also lies different laws that are to be kept in mind while formulating the new
law in the country(Mackaay, 2021). Moreover, after discussion the draft is converted into the
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bill. This bill is to be sent for receiving the assent from the Royal Body. Moreover, as soon as
the royal assent is received, the bill is converted into the law that is applicable to all the citizens
of the country.
There also lies two houses in the parliament of UK. These two houses are the House of
Lords and the House of the People. The House of the Lords is the upper house of the parliament
whereas the House of the People is the lower house of the parliament. Both these houses are
responsible for making the laws for the country.
Lords. The House of People is lower level of house of parliament. The House of Lords is the
upper house of parliament of the country. Further more, there are three steps involved in the
formation of the laws by the parliament of UK(QC, 2022).
The significance and illustrations of Delegated Legislation
The delegation means the distribution of powers between the different sectors of the
government. Moreover, the delegated legislation would means that sharing of powers by the
higher authority to the lower authority of the parliament. Moreover, the delegation would
decrease the work load and pressure that was earlier on the heads of the higher authority. The
higher authority has the accountability on the acts that is performed by the delegated body. The
delegated body also has several powers under the delegation. These powers includes the
execution of the laws like the executive powers given to the police officers. Moreover, it also
includes the judicial powers given to the judges of the country.
l壱Part 3: UK law devising process- Employment Law
Statutory Obligation of Employers to their worker-
There are various statutory duties of the employer in an organisation regarding the
workers of the company. Moreover, the company would also make it mandatory for the
employer to comply with the employment laws in the favour of the employees. This would
increase the employment ratio of the company in this competitive market. Moreover, there are
several employment laws such as the Employment Rights Act, 1996 and Equality Act, 2010 as
prescribed by the legislature of the country. Further more, these employment laws specifies the
provisions related to duties and the rights of the workers who are employed into an organisation.
Moreover, the Equality Act, 2010 specifies that no employer must discriminate any employee
who is working in the company on the basis of the age, gender, caste, race, religion, disability,
maternity, pregnancy,etc. (Schäfer and Ott, 2022).
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There are also various responsibilities and obligations of the employer-
·the employer must provide the training sessions to every employee of the company.
·The employer should comply with the employment laws in all the condition.
·There must be regular payment of the employee salary by the employer(Sroka and Szántó,
2018).
·the employer should provide pay slips to the workers on the regular basis to the employees.
·There should be danger free work environment at the place of the work
Wrongful Dismissal and the Unfair Dismissal Act done by6 the employer-
The process of wrongful dismissal can be complied when the management dismisses the
worker without delivering a prior notice to such worker in an organisation. For instance, in the
morning when the worker arrives at the workplace to work as he comes on regular basis, then he
would be informed that he is no more working in the organisation. So, this is the case of
wrongful dismissal. On the contrary to this, when the management dismisses the employee
without giving him a proper reason for such dismissal, then this is the case of the wrongful
dismissal(Sun, 2021).
·Conclusion
The above report concludes that there are different sources of laws through which laws
are formulated in the country. Moreover, this report would also explain about the types of the
laws that is available under the law. Moreover, it also explains about the employment law of
United Kingdom. Further more, this report also concludes about the importance of the delegated
legislation in the country.
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·REFERENCES
Books and Journals
Anyim, W.O., 2019. Research Under Nigerian Legal System: Understanding the Sources of Law
for Effective Research Activities in Law Libraries. Library Philosophy and Practice,
pp.1-16.
Brenkert, G.G., 2019. Mind the gap! The challenges and limits of (Global) business
ethics. Journal of Business Ethics, 155(4), pp.917-930.
Butler, S., 2021. Uber drivers entitled to workers’ rights, UK supreme court rules. The
Guardian, 19.
Cejnar, L. and Duke, A., 2018. Competition and fair trading practices in the higher education
sector: A comparative review of the position in the UK and Australia. ECLR: European
Competition Law Review , pp.31-36.
Hanretty, C., 2020. A court of specialists: Judicial behavior on the UK Supreme Court. Oxford
University Press, USA.
Mackaay, E., 2021. Law and economics for civil law systems. Edward Elgar Publishing.
QC, M.R.H., 2022. Dr Folarin Akinbami, Lecturer in Commercial Law in the School of Law,
Durham University, UK. Mr Andrew Campbell, Director, Ashridge Strategic
Management, Lon-don, UK (Doctoral dissertation, Google).
Schäfer, H.B. and Ott, C., 2022. The economic analysis of civil law. Edward Elgar Publishing.
Sroka, W. and Szántó, R., 2018. Corporate social responsibility and business ethics in
controversial sectors: Analysis of research results. Journal of Entrepreneurship,
Management and Innovation, 14(3), pp.111-126.
Sun, L., 2021. Juan Antonio Caldero Faculty of Business and Law, Coventry University,
UK. Journal of Language Teaching and Research, 12(5), pp.724-734.
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