Understanding UK Business Law: Classifications, Sources, and Processes

This report provides an overview of UK business law, including its classifications, sources, and processes. It covers the legal system, courts, case law, legislation, delegated legislation, and employer duties. The report is useful for anyone looking to understand UK business law.

Individual Written Report

TABLE OF CONTENTS
INTRODUCTION...........................................................................................................................3
MAIN BODY...................................................................................................................................3
Part 1: Classifications of law...........................................................................................................3
Defining laws and identifying the respective legal systems in the UK.......................................3
Classification of laws in the English Legal system.....................................................................3
Explaining the role of the Courts in the English Legal system....................................................4
Part 2: Source of law........................................................................................................................4
Explaining Case Law as a source of laws....................................................................................4
The process of making Legislation..............................................................................................5
Meaning and examples of Delegated Legislation........................................................................5
Part 3: UK law making process.......................................................................................................6
Statutory Duties of Employers to their employees......................................................................6
Wrongful Dismissal and Unfair Dismissal Actions.....................................................................7
CONCLUSION................................................................................................................................7
REFERENCES................................................................................................................................8

INTRODUCTION
Law is a system and process where individual country puts the rules and regulations
through social and government institutes to encourage the behaviour of the people to not
perform any illegal activities. In the United Kingdom, the English law has been a common
legal system which is mainly defining the criminal and civil laws in the courts. The report is
illustrating the legal system for business law where the one multilingual organization wants
to launch their business in the UK and required to understand the UK laws as different
countries have different laws and regulations (Elias, 2018). Here, performing the report which
will demonstrate the principles and system of UK law.
MAIN BODY
Part 1: Classifications of law
Defining laws and identifying the respective legal systems in the UK
The systems and procedure implemented by the government and legal structure to create
a good and positive environment in the individual country where if someone founds guilty then
the legal structure and constitution has made such laws to punish them according to the crime.
The law is derived by the judicial decisions and a kind of guideline which is essentially required
to be accepted and adopted by the public and society (Nedzel and Capaldi, 2019). In United
Kingdom, there are three different types of legal system such as English law, Scots law and
Northern Ireland law.
Moving ahead to English law, it is mainly and commonly demonstrates the criminal and
civil laws. Scots law is legal system of Scotland which contains the hybrid form of common and
civil law and evaluates the number of historical sources and goes to its roots to find out the real
and correct phase. The Scot laws have four sources of law which involves the precedent,
academic writings, custom and legislation. The Northern Ireland law operates in Northern
Ireland and consisted of common, constitutional and statutory law.
Classification of laws in the English Legal system
There are mainly two laws in English legal system. Here explaining the both laws in
detailed manner with some example from which an individual can understand it in better way.
Civil law: The civil laws has been made to deal with the conflict between the organization and
individual. This law are quite concerned with the rights of the people and not necessary to be

protected by the criminal law (Shuxratovna, 2021). In this law cases, it commonly involves the
statement and compensation relating to finances.
Example
 Family disputes and conflicts such as divorce where the agreement of children custody
and finance can be raised.
 Breach out of contracts and agreements.
Criminal law: The criminal laws are related to the breaches and offences which puts the
negative impact on the public and society. This law has been stated by the Act of Parliament of
UK where if someone founds to be breach the criminal law then are subject as criminal
prosecution by the government (Tolmie, 2018). According to the law, an individual person
founds guilty then the person can be prisoned and have to deliver the penality.
Example
 Murder and killing
 Fraud as money laundering or drug transaction.
Explaining the role of the Courts in the English Legal system
High court: This court is the third highest court defines in UK and deals with the civil cases and
decisions which are made in lower court. There is only one judge to be held a single case but
certain types of hearing took place such as judicial reviews cases.
Supreme court: This courts looks at the criminal and civil matters both as well. This court is the
highest court in UK and have more power than other courts.
Part 2: Source of law
Explaining Case Law as a source of laws
Case law is common law where the judiciary takes the decision from previous cases and
situations and convey the accurate decision. These past decisions are known as case laws. These
laws have concerns of unique disputes where they have to resolve the conflicts using the correct
and concentrated facts of a case (Fatsis, 2019). The third party in a previous case helps the
juridical system to take the decision from the previous cases and can decide the present case
resolution and solution in appropriate manner. This process has been utilized by the judiciary
because most of the past cases are similar to the present situations from which the judge is able
to identify and can take the decision accordingly.

The process of making Legislation
Parliament is where the politicians meet and take the decisions and creates laws in UK
and have three parts of parliament such as the house of commons, the house of lords and the
Monarchy. The house of commons is the most powerful house of the parliament where the
discussion of making the laws and polices took place. After this, the second chamber is known as
The house of lords where they have a duty to recheck the new laws and legislation to ensure
about the fair and will work. The people who are working in this parliament are not elected and
voted by the people and public (Douglas-Scott, 2019). The last stage is the final say on whether
the ideology and bill becomes law or not. This bill comes at final to the Monarchy or Royal
Queen because female monarch is head of the state and if she accepts the bill then only the
government and legislation takes place in the particular country.
Thus, the parliament is a place where the laws have been made start with a bill which is
an ideology to adopt the law and make the good decision by implementing. Mainly this ideology
comes from the government and called as government sponsored bill. And if it comes from an
ordinary member of parliament then it is known as private member bill. This bill starts from the
Common of the lords and passes through both houses. After this, process it goes to the queen of
royal assent for the approval which is the last stage.
Meaning and examples of Delegated Legislation
The delegated legislation has includes the person or group who have a right and special
powers to do the action by parliament. This act is not passed by the government but by a
government authority or minister of UK. This legislation took place in circumstances of force,
setting the fee of public service, and depends on its parent act. The delegated legislation is
derived from t he parent act and its procedures (Webb, 2019). For example, brining the force or
army for the emergency situation where the powers to be accepted and given by the minister for
the faith of the public and society. Providing these special powers to such people came to meet
the protection and security of entire public and society from which the country and state can be
able to stay safe and secured. This legislation does not have concern to be passed by the
parliament houses because this law and power has been accepted by the minsters in shorter
period, and they are responsible for its covers.

Part 3: UK law making process
Statutory Duties of Employers to their employees
The UK country has made the laws for the company or an organization where each
professional must have required to accept and obey the rules and responsibility (Ilany, (2018).
All the business operating in the UK have to compulsory accept and implement the rules and
regulations accordingly. Employee and employer both have different responsibility and duties
towards each other where they have to perform positively (Schultz, Salim and et.al., 2021). Here
performing the statutory responsibility and duties of employers towards their employee and
workers.
Health and safety: Under the British law, the employers are responsible for taking care of the
health and safety measures of the employee and do not harmed at their life at workplace. The
employers have to conduct a risk assessment to recognize the different kinds of risks at their
place also have to put some the efforts in overcoming and reducing them, properly. The
employers are also required to provide the positive information of hazards and unsafe places so
that employee also can get aware of them and cannot be able to get their life in danger. A proper
instruction and consulting with the staff for the safety issues is also the major duty role they have
to play accordingly.
Action towards discrimination: According to the Equality act 2010, the discrimination at the
workplaces has been illegal and unacceptable by the legislative body. The employer have to
focus and have been aware of the workplace discrimination if conducted by someone at their
place then they have to take the action against the person who is supporting the discrimination.
The discrimination includes the gender reassignment, being married pregnant or on maternity
leaves, discrimination of religions and belief's and sexual orientation all these kinds of
discrimination is not acceptable at the workplaces and also not acceptable by the laws.
Pay roll benefits: The employment rights act 1996 has stated that rights regarding the pay where
the employers have to pay the salaries and provides the payslip with detail calculations of
deductions which is under the law (Duraj, 2020). The employers have a duty to provide the
statutory payments, holiday pay and deductions should consider income tax,national insurance,
pension if allowed by the company rules and student law if comes under the company laws and
policies.

Terms and condition: Many of the organization do not follow and works according to the terms
and condition of their companies which they have decided already. At the time of the recruitment
process, companies states the terms and polices which are beneficial for the employee but later
on do not work accordantly and creates unacceptable nature around the work premises. Due to
this action, the employee is able and have right to complain about this action. The employers
have the duty to explain the employer all information and terms and conditions and follows them
accordingly.
Wrongful Dismissal and Unfair Dismissal Actions
According to the UK law, the concept where the employment has been dismissed by the
organization without any notice and information which is known as wrongful dismissal. It is a
kind of breach of contract or law by the employer which is not mentioned and adopted by any
legislation. This act is unfair according to the law and the employee have right to take the actions
towards this breach and can go to civil court for their rights. Employers have rights to dismiss the
employee in their prohibition period if the employee founds performing the activities like
misconduct of gross committent and poor attendance level and employee are not able to file the
case in their prohibition period (Elias, (2018). On another side, the unfair dismissal takes place
when the employer fire and dismiss the employee without any appropriate reason which is
commonly unfair for the employee. There is not fixed situation and possibility that the employer
terminates the employee for a reason where this is properly unfair the employee which is not
acceptable by the laws and legislations. The employers do not have any right to terminate the
person without any specified reason where the employee can raise the voice against the
organization and can file a case.
CONCLUSION
The report has concluded the legal structure of the UK where they had mentioned the
different situation and laws accordingly. At first, the report has included the classifications of the
law in UK where it has mentioned the legal system, English laws and role of different courts. At
second part, it has mentioned the sources of law where it involves the brief about the case laws
and process of making the legislation including delegated legislation. Even, at last, it performs
the detailed about the employment law where had understood the employers duties towards the
employee and concept of wrongful and unfair dismissal.

REFERENCES
Books and Journals
Douglas-Scott, S., 2019. Brexit and the Scottish question. Queen Mary School of Law Legal
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Duraj, T., 2020. The Limits of Expansion of Labour Law to Non-labour Forms of Employment
—Comments de lege lata and de lege ferenda. In New Forms of Employment.(pp. 15-
31). Springer VS, Wiesbaden.
Elias, P. (2018). Changes and Challenges to the Contract of Employment. Oxford Journal of
Legal Studies. 38(4), 869-887.
Elias, P., 2018. The UK administrative data research network: its genesis, progress, and
future. The ANNALS of the American Academy of Political and Social Science.
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Fatsis, L., 2019. Grime: Criminal subculture or public counterculture? A critical investigation
into the criminalization of Black musical subcultures in the UK. Crime, Media,
Culture. 15(3), pp.447-461.
Ilany, Y. (2018). Empirical Research on Compensation Awards by the Israel Labor Court in
Cases of Dismissals in Violation of Due Process: the Hearing and Good Faith
Duty. Studia z Zakresu Prawa Pracy i Polityki Społecznej. 25(1), 59-75.
Nedzel, N.E. and Capaldi, N., 2019. The English Legal Inheritance. In The Anglo-American
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Schultz, J.L., Salim, A. and et.al., 2021. Ante Up: Using Custom Playing Cards to Teach
Employment Law History. Journal of Human Resources Education. 15(1), pp.19-29.
Shuxratovna, T.U., 2021. Translation of Criminal Law’s Terms in English. International Journal
of Development and Public Policy. 1(7), pp.52-53.
Tolmie, J.R., 2018. Coercive control: To criminalize or not to criminalize?. Criminology &
Criminal Justice.18(1), pp.50-66.
Webb, J., 2019. Learning Legal Rules: A Students' Guide to Legal Method and Reasoning.
Oxford University Press. USA.