UK Legal System for Business: Classifications of Law, Sources of Law, and Employment Law

This report covers the UK legal system for business, including classifications of law, sources of law, and employment law. It explains the role of the High Court and Supreme Court in the English Legal system. The report also discusses the process of making legislation and the meaning of delegated legislation. The subject, course code, and college/university are not mentioned.

BMP4002Business Law
Assessment 1
Legal System for Business
Law
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Contents
Introduction
2
Part 1: Classifications of Law p-p
Define laws and identify the respective legal systems in the UK
p
Explanation with examples the following as means of classification
of laws in the English Legal system p-p
a) Civil Law p
b) Criminal Law p
Explanation of the role of the following Courts in the English Legal
system p-p
a) High Court p
b) Supreme Court p
Part 2: Source of law p-p
Explanationof Case Law as a source of laws p
Explanation of the process of making Legislation p
The meaning and examples of Delegated Legislation p
Part 3: UK law making process: Employment Lawp-p
Statutory Duties of Employers to their employees p
Wrongful Dismissal and Unfair Dismissal Actions
Conclusion p
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Introduction
The United Kingdom is the most desirable place to do business around the
world. The reason behind this is the laws which governed the business sector of it. In
UK there are mainly two laws in which the whole laws of UK are classified they are;
public law and the private law. To govern the business organization there is a
business law which provides all the guidelines to run the business organization
legally. In the history of the UK parliament, their greatest achievement is to enact the
company law. In the year of 2006 this act was enforced and prior to this act several
times the tried has been done to come out with such kind of act (Joshi,2020). The
company act contains 1300 sections and 16 schedules which provides the guidelines
for all the business organizations. In UK there are few sources of laws which were
categories into two i.e. primary source and secondary source. The primary source
contains the only law making authority which is legislation and also the case laws. In
the secondary source of laws there are the books and journals which was written
and interpreted by the judges. In UK it’s not only the company law which supports
the business activities but also there is contract act which helps the companies to
build the relationship. There is an Employment act which provides the support to
employers and the employee’s. In this report, classification of laws, sources of law
and the legal system of UK has been cover. Apart from this the functioning of UK
High Court and the Supreme Court and some provisions of employment law related
to unfair dismissal will get discuss.
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Part 1: Classifications of Law
Define laws and identify the respective legal systems in the UK
It holds the power over the rules and regulations of Britain, there include three
types of branches in the customary laws states, the foremost being the legislation.
The executive and the judiciary within the set of rules. The constitution of the United
Kingdom is unwritten and holds the validation of the constitutional monarchy. The
queen is considered the head of the state's decision and gives acceptance of the
bills. The features started long back with the Magna Carta. The beginning of the era
all begins with the year of 1689, where the announcement of Bills of Rights stated
and fits right in with the legislations and laws of the United Kingdom. The holdings
contain two houses of the legislation division, The House of People and The House
of Common (Hancox, 2021). The judiciary is determined to be the arm or pillar of the
working spectrum of the sector United Kingdom. The bringing of law indulging in the
UK states its components as traditions, customs, statues and the decision is making
powers of the government holding it strong every now and then.
Explanation with examples the following as means of classification
of laws in the English Legal system
a) Civil Law:
In the state of affairs of the spectrum which has its indulgence in the
civil laws relating to the United Kingdom, the division states with the process
of protecting the Rights of the individual. The civil law area is considered to be
the part of the judicial division. The advised subject matter which tends to be a
part of civil law are determined as Law of contract , Law of Torts, Land laws
and many other sectors.
b) Criminal Law:
The determination of the statues which gravitate to be covered in the
scope of the criminal law. The division of the criminal law which contains the
subject matter which provides assistance to the entire society and works
along with the Providence of the society working along in its components. This
provides with the understanding of the statues and depth knowledge of how
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the criminal law and the nature of crime works withholding the punishments
and consequences of every crime (Polykarpou 2022).
Explanation of the role of the following Courts in the English Legal
system
a) High Court:
The legal system of the United Kingdom has its own value and within
the roles every scope has, within the stabilized conventions of the rule book of
the United Kingdom, the legal system is divided into Northern Ireland,
England and Wales and Scotland. The sphere of common law justification
tends to change the working of the legal statutes which handles its formation
within the law and regulations which are made by the assistance of the
legislations. The enticement of the two houses brings out the formations and
fundamentals of the laws. The subject matter of the High Court consists of
three major sectors which convince the proportion and working of the high
court within the presence of the chancery, Queen Bench and The family. The
formation of crown court related its business for dealing with major and
delicate crime which straight goes to the trial.
b) Supreme Court:
It was formerly known as the House of Lords, considered as the
foremost of all courts of law. The judges take place in the paramount level
within the passage of the Supreme Court in the area of England and Wales to
be known as the in sight of the Supreme Court. The deputy president and
president proved to be the embodiment of the Supreme Court. The scope of
Privy Council held its dependency the cases which are coming through from
the external land into the formation subject matter of the United Kingdom. The
territory overseas tends to grow and is shown within the infrastructure as
similar to the Supreme Court (Robinson, and Graham, 2018).
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Part 2: Source of law
Explanation of Case Law as a source of laws
The explanation of law which is recorded under the series of United Kingdom,
the scope of case law tends to provide the assistance to the judges of the court of
law. The process of case law which tends to bring about in the structure of the case
law is known as the Doctrine of precedent. The boundaries of the court of law which
provides an idea of law to the judges of the court, the case laws are the scope which
gives about an helping hand in getting to decide the landmark cases. Precedents are
useful enough for the judges in the subject matter of deciding importance case laws.
In the sphere of the Supreme Court, it tends to have the powers to go beyond the
spectrum of the case laws and the prevailing of the Supreme Court also does
includes overruling their judgment. Therefore in the persistency of the case, there is
one more tendency which is known as Persuasive Precedent, which states the
subject matter of the case are not similar, there gravitates to be a immense need of
the argument. In the scope of virtual property there is gradual use of persuasive
precedent.
Explanation of the process of making Legislation
The United Kingdom has the parliamentary form of governance where all the
rights of making laws are in hand of the parliament. It Is the onlt authority who have
this power and it can be done with the help of two houses which constituted in the
parliament. Any bill which brings out to make law it would be entered in these houses
i.e. House of Common and the House of Lords. Firstly the bill got introduced in the
House of common and with correction it would sent to the House of Lords, and after
presented the bill in both the houses it would send to the Monarch for the Royal
assent who is the Queen of England.
As discussed above that the bill has to pass some stages from both the houses such
as;
 In the first stage which was happened in the chamber in this stage name of
the bill got suggested.
 In the second stage the process of amendments got started, any part which
they felt it needs some correction they remove or add in the bill.
 After founding the changes it got discussed with committee and that
committee was made to look over all the changes and with the voting of the
members of the committee it would be decide that whether some changes
would required or not (Seharwat, 2020).
 After the committee look out all the changes again the importance would be
given to find out some mistakes in the fourth stage of making laws by the
parliament.
 In the fifth stage for the final time voting will be done to do some amendments
if required.
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 In the sixth stage whatever changes has been done by the House of Common
it got checked by the House of lords, whether they accepted it or rejected the
changes and again with the correction it got sent to the House of common and
this chain of resolving the changes will go on till no changes would require.
 After the bill got checked from both the houses and there is no need to do
amendments then, bill got sent for the Royal assent to the Monarch who is the
Queen of the United Kingdom. It’s the last stage of making laws where the bill
got converted into law with the assent of the Monarch.
The meaning and examples of Delegated Legislation
The layman meaning of the delegated legislation tends to induce the
transferring of power of making the rules and regulations. The famous maxim which
holds the properties of the delegated legislation, Delegata Potestas Non Potest
Delegari, which means the power which has been gravitated to be delegated once,
will not be entertained to be delegated one more time.
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Part 3: UK law making process: Employment Law
Statutory Duties of Employers to their employees
To build the relationship between the employer and the employee’s in UK,
they enacted the Employment Act which safeguards the rights of the employer and
the employees at workplace. It is really the requirement of UK because the employer
at the organizations highly exploited their employees and they have no rights to
stand out against them. The UK employment Law comes out with various rights
which safeguard them and allow them to work with all dignity.
There are three main sources of UK Employment law;
1. Common Law- It builds the contractual relationship between the employer and
the employees. It also provides the law of tort in which the employer will be
liable for the action of the employee’s.
2. Statute- To make such kind of act in UK, from the late 1970s various efforts
has been made.
3. European Law- This law came into existence when the domestic law of UK
got failed to compliance (Chandrachud, 2020).
Wrongful Dismissal and Unfair Dismissal Actions
In the United Kingdom various efforts has been made to bring such kind laws
which builds the relationship between the employer and the employee’s.
Because, prior to the employment act conditions of the employee’s were really
drastic. They were not really treated well at workplace; they got fired without
telling them and without any procedure. To remove this misbehavior of the
employers this act came into force. The employees have some rights at
workplace they should be treated well and at the time dismissing from the job
they have the information regarding they have been removed by following the
proper procedure which was given in the Employment act (Zhang, 2020).
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Conclusion
From the above assignment it has been concluded that, the United Kingdom
is the safest place to do business. It has the parliamentary system of governance
and the best legal system around the world. The above assignment covers various
topics regarding the UK legal system like; classification of laws, sources of laws and
the functioning of UKs High Court and Supreme Court. Apart from these some
provisions of UK employment law got discussed mainly the unfair dismissal of the
employee’s by the employers.
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References
Joshi, M.D., 2020. The use of country guidance case law in refugee recognition outside the UK. Forced Migration Review, (65), pp.32-
32.
Hancox, E., 2021. EU Law in the UK After Brexit. EU Law Live, Weekend Edition, (66).
Polykarpou, M., 2022. Prosecutorial and Police Disclosure Ethics in Criminal Evidence Review in the UK and the US. A Comparative
Account. Criminal Justice Ethics, pp.1-17.
Robinson, D.F. and Graham, N., 2018. Legal pluralisms, justice and spatial conflicts: New directions in legal geography. The
Geographical Journal, 184(1), pp.3-7.
Seharwat, V., 2020. Drone privacy laws: a comparative of the US, UK, and India. In Drones and the
Law (pp. 103-148). Emerald Publishing Limited.
Chandrachud, A., 2020. The informal constitution: Unwritten criteria in selecting judges for the Supreme Court of India. Oxford
University Press.
Robinson, D.F. and Graham, N., 2018. Legal pluralisms, justice and spatial conflicts: New directions in legal geography. The
Geographical Journal, 184(1), pp.3-7.
Zhang, C., 2020. The right of publicity in Chinese Law? A comment on the Michael Jeffrey Jordan case and comparative analysis with
the US, UK, Germany, and the Asia Pacific. Queen Mary Journal of Intellectual Property, 10(4), pp.441-460.
Scott-Patel, K., 2019. UK Employment Law-A Good Plan for Workers?. Int'l. In-House Counsel J., 12, p.1.
Al-Haidar, F., 2018. Administrative disciplinary and grievance procedures for public employees in Kuwait and UK. International Journal
of Law and Management, 60(3), pp.842-853.
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