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UK Law: Classifications, Sources, and Impact on Commercial Organizations

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Added on  2023/06/09

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This report discusses the classifications and sources of UK law, including the law making process and its impact on commercial organizations. It also explores the impact of employment law on businesses, including the rights and obligations of employers and employees.

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Business Law

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INTRODUCTION
The law of UK is mainly classified into two parts which is Public law and Private law.
The law which administers the relation with state and a person or individual is known as Public
law. The law which administers the relation with an individual and a private company or
enterprise is known as Private law. The primary source of law is mainly through legislation
which is taken from the constitution of the country of UK, that comprises of Acts and Laws of
Parliament, legislative documents, rules, order, etc. Case laws are also one of the main source of
law which are taken from supreme and higher courts(Chalkidis and Kampas 2019) The law
making process of UK is the process or procedure by which the law comes into force which is
made through the introduction of bill that is passed in both the houses of the parliament and then
it becomes a law which applied and enforced on the people of the country. This report will cover
the classifications of law, primary sources of law and impact of law making process of UK on
commercial organisations.
TASK
The UK Classifications of Laws
(i) Provide a clear definition of law within UK Context
An act which is passed or introduced in the Parliament for approval from both the houses
of parliament which is the House of Commons and the House of Lords. Generally an act is
introduced in both the houses of the parliament in the form of bill. A bill contains the rules and
procedures about a certain or particular topic which is introduced in the parliament and after that
a proper discussion is made with a brief study of rules and regulations that are to be imposed.
After the critical analytical procedure of discussions, brief analysis and proper study with
approval from both the houses of the parliament, a bill is passed in the parliament which takes
the formation of an act and after sanction from the President of the country, it becomes a
law(Edwards 2021). Basically, a rule, act, action, command which is enforced by the
authoritative party takes the formation of law.
(ii) Define and discuss the characteristics of the two main classifications of laws in UK
The two main classifications of law in the country of United Kingdom are as follows:
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Civil law – This law mainly deals with the cases that are generally affect the social status
of a person in the form of property, land, cheque bounce, social status of a person in the
form of defamation, etc. It mainly deals with cases between individuals and other
organisations.
Criminal law – This law mainly deals with the cases which affect whole life of a person
restricting him to travel overseas or outside of the territory which heavy charges like
Murder, Rape, Dacoity, etc. It majorly affects the private and public life of an individual
as they go against the law of state.
(iii) Identify the three different Legal systems in UK
The country of United Kingdom (UK) mainly has three legal systems. These three legal
systems are separately divided for England and Wales, Scotland and Northern Ireland. These
three different legal jurisdictions has their own legal system with its authentic and distinct history
and origins. The country of England and Wales have a common legal system as it has the same
subject matter which is commonly shared by England and Wales. Scotland and Northern Ireland
has distinctive legal system due to its different culture and history and as there is different
procedure for interpretation of the law.
The UK Source of law
(i) Identify and briefly explain the hierarchy of the principal sources of laws in the English
Legal System
Legislation is the main and principal source of law in the country of United Kingdom. It
mainly consists of legal rules that are constituted by a legal authority. The rules of case laws of
mainly common laws which is extracted or taken into consideration from the precedent cases
also comprises of the sources of law (Gulma 2022). The hierarchy of principal sources of law is
taken from the soul of law that is Constitution of the country followed by broadly two laws of the
country which are the Central and State laws and those are enforced by the rules and regulations
of the central and State governments. These Central and State governments follows the rules,
regulations and local laws of the particular state or region of the country.
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(ii) Explain the characteristics of the sources of laws identified above giving examples of
each
The characteristics of sources of law that are mainly the legislation, customs and judicial
precedents are mentioned below:
The law of the country is dynamic and rigid with flexibility of amendments of law.
It contains complexity and certainty with performance of some formalities.
It mainly establishes the relationship between individuals and society which manages and
regulates the dynamics of a society.
It maintains the law and order in the society with management of illegal and criminal
activities that causes terror in the society.
It also lays it focus to treat everyone equally in the eye of law without any discrimination
of caste, gender, religion, colour etc.
(iii) Discuss the impact of the respective laws on the multilingual organisation
Multilingualism mainly impacts the society due to its practice in the area of education
which brings out awareness among the people about different and varied culture which adds
value to the distinct language culture of the society. This practice of multilingualism with
different local languages brings out authenticity of a particular region or place. There is a need of
an organisation to set up the multilingual practice for the appreciation of distinctive languages in
a common place and also to identify the authenticity and culture of a particular region. The
impact of respective laws on multilingual organisation is that it develops growth of a particular
region with identification of minority class into public eye by giving it a national level standard
with establishment of policies and cultural diversities of a region.
(iii) Give examples of how the UK law making process have a direct impact on commercial
organisations focusing on ONE of the below list:
(iii) Employment law
Employment law plays an important role in any business organisations. It not only secure
the employer but also protect the employees right against employers. The term employment law
means a law which protect the individuals who are entered into the contract of employment
(Haines 2018). The employment law is a part of business law which has to follow by business
organisation. It covers various areas of employment like it protect against discrimination, gender

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equality, minimum wages etc. It regulates the relation among employers, workers and trade
union. Employment law covers various legislation which are essential for effective running of
any business organisation. Such are as follows:
Employment rights act 1996: it is an latest version of labour law which ensure an employees
from wrongful dismissal, paternity leaves, unfair dismissal, redundancy and maternity leave etc.
National wages act 1998: the purpose of enacting such legislation is to protect the labours
against exploitation of employers. For that UK government prescribe the limited criteria of
minimum wages which has to follow by the business organisation. In this act guideline related to
of minimum wages provides then it vary as per the age groups of an employee.
Employment relation act 1999: this act provides that worker can form trade union, there
formation, recognisance, and de recognisance and also includes all industrial actions.
Part time worker (prevention of less favourable treatment regulation 2000: this act secures
the rights of part time workers. As the employers are unequally treated to part time worker and
full time worker. So to prevent such discrimination this act was enacted.
Equity act 2010: this act enacted with the purpose of preventing discrimination take place at
work place and the recruitment process (Jain 2021). It laid down protected features which
couldn't use as cause for decision of any work place.
Agency workers regulations 2010: this act enacted with the intention to protect individual from
discrimination who work under employment agency. It specifically mention about working time,
equal pay to workers as compared to permanent worker who perform same work.
Data protection act 2018: recently UK government enacted this act the purpose of its enactment
is to protect the information of employees which are provided by the employees to employers.
For example Commercial organisation for its effectively running of business should follow
certain rules and regulation which are beneficial for all employer, employees and clients. As
organizations personnel are consider as an assets of any commercial organisation. So it is a duty
of an organisation to facilitates their employees.
Employers have certain duties towards their employees on the other hand employees also have
certain obligation toward their employers which they bound to follow.
At the time of contract of employment employer should ensures certain right of an employees
and workers which are as follow:
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Employer should specifically mention about the employees rights and obligations in an
express form.
Employees have right to get sick leave, paternity and maternity leave, holidays etc.
employees have right against redundancy, wrongful dismissal and unfair dismissal can
make claim against all such after 2 years of their employment(Joshi 2020).
Workers have right to get minimum wages as per the national minimum wages act.
They have right to get proper safety tools and it is the duty of a business organisation
they provide health check up facilities to their personnels.
CONCLUSION
From the above report it is concluded that, the legal system of UK is basically governed with its
division into three parts which are England and Wales, Scotland and Ireland. An act which is
passed by the country of UK with specifications of rules, regulations and amendments and
policies constitutes a law. Legislation is the main and primary source of law with assistance of
customs and precedent decisions. Employment law also plays an important role in affecting the
commercial organisations by protecting the employees in the area of business by regulating their
rights with equal treatment among employees with rights and duties.
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REFERENCES
Books and Journals
Chalkidis, I. and Kampas, D., 2019. Deep learning in law: early adaptation and legal word
embeddings trained on large corpora. Artificial Intelligence and Law, 27(2), pp.171-198.
Edwards, L., 2021. ‘No Jab, No Job’? Employment Law and Mandatory Vaccination
Requirements in the UK. Employment Law and Mandatory Vaccination Requirements in the UK
(November 3, 2021).
Gulma, U.L., 2022. A new geodemographic classification of the influence of neighbourhood
characteristics on crime: The case of Leeds, UK. Computers, Environment and Urban
Systems, 92, p.101748.
Haines, A., 2018. UK considers closer links between employment and tax rules. International
Tax Review.
Jain, N., 2021. The Art of Law in the International Community. By Mary Ellen O'Connell.
Cambridge, UK: Cambridge University Press, 2019. Pp. x, 320. Index. American Journal of
International Law, 115(1), pp.183-187.
Joshi, M.D., 2020. The use of country guidance case law in refugee recognition outside the
UK. Forced Migration Review, (65), pp.32-32.
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