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

This report covers in detail about the various laws and their classification in UK with different laws and their implementation. It will also cover general statutory obligations and duties. Learn about the UK legal system for business, including classifications of law, sources of law, and employment law. This report covers the basics of UK laws and their implementation, with a focus on employment law and statutory duties of employers to their employees.

BSc (Hons) Business Management
BMP4002 Business Law
Assessment 1
Legal System for Business
Law
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Contents
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Table of Contents
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:.........................................................................................................................3
a) Civil Law: ......................................................................................................................3
b) Criminal Law: .............................................................................................................4
Explanation of the role of the following Courts in the English Legal system........................4
High Court:........................................................................................................................4
Supreme Court: ................................................................................................................5
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:..........................................................6
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
References-.................................................................................................................................8
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Introduction
As the time changes, modification can also be seen in social norms with alterations in
various laws and their making which includes various important frameworks which can help
in the management of various rules and regulations. Law can help in healthy management of
the people and can act as a command on them by leading them towards their growth. In UK
laws are not completely codified, thus for their protection positivity is needed in the societal
culture. Laws are very important for the overall upliftment of the individuals and their
practices(Caygill, 2019).This report will cover in detail about the various laws and their
classification in UK with different laws and their implementation. It will also cover general
statutory obligations and duties.
Part 1: Classifications of Law
Define laws and identify the respective legal systems in the UK:
A society can be managed effectively with the proper management of its functions by
law which provides various rules and regulations. Law is believed to be superior to all the
other things which are provided in the society. It manages to have that power which can
govern the societal functions. UK citizens are given the command by law and thus it ensures
functioning in a general way by giving power and regulating them. It can be analyzed that
UK laws are partly written which is why they are not wholly codified which leads to effective
management of work. The basic two laws which can be applied to them are Common law and
statutory law. The laws made by legislation and the parliament come under the title of
statutory law wherein parliament has House of commons and House of lords as the houses
which are responsible for rules and regulations management and they lead to a enactment of a
bill that applies to all(Chouaibi, Chouaibi and Rossi, 2021). Whereas the common law is
referred to as the law made by the judges which creates an effective impact because it being a
judgment and thus it bounds all.
Explanation with examples the following as means of classification
of laws in the English Legal system:
a) Civil Law:
Rights related to disputed property are managed under the title of civil law and it also
includes individuals and their general agreements under the general working. Management of
rules makes the civil law an implied law which means matters relating to the property which
is binding and which leads to infliction of considerations and managerial functions. Thus it
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considers the rights of person relating tom property and land issues thereby also including
failure in a contract. The courts eligible to hear these type of cases are County courts,
tribunals, appellate courts, high court and the Supreme court. Issues relating to physical
injury and civil wrong are the major issues covered under the civil law(Dowlatkhah, 2018).
Remedies available to a person under civil law are compensation, injunction and the person is
awarded with the damages given to him. The jury incorporates the content and verdicts.
b) Criminal Law:
All the serious issues and crimes come under criminal law and this law works towards
the protection of society from these types. Is has been analyzed from this law that public
safety is the top most priority of this law while also maintaining morality of individuals in
society which leads to the management of general nature and working of a society. Criminal
law covers every aspect which tries to harm or damage the society and its individuals thereby
providing protection to their personal liberty. It has been seen that offenders and criminals get
penalized for their actions in the surroundings. Criminal law considers various crimes under
various heads like public order, robbery, white collar crimes, rapes, murders, assault, etc. the
people conducting these crimes can be punished with imprisonment which can be of any term
or death penalty(Edwards, 2021). The courts dealing with these matters include Queens
bench, Divisional courts, High court and the Supreme court.
Explanation of the role of the following Courts in the English Legal
system
High Court:
One of the important court of London is the High Court which provides justice when
needed. This court is sometimes referred as Her Majesty's court in England. These courts
mainly focus on the cases dealing with high values and importance and the management of
supervisory jurisdiction in the lower courts and tribunals. High court involves a range of
important benches like the Chancery division, Queens Bench, Family court, etc. usually the
hearings taking place in the High court involve a single judge but several times in some cases
it also happens that a divisional bench is established for hearing of cases and providing
adjudications and solutions. The appeals against the decisions of High court go in the
Supreme court for hearing and thus later judgment on those matters is given by it. High
courts are generally bound by their own decisions.
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Supreme Court:
At the top most level is the Supreme court also referred to as the apex court which is
the final court of appeal where the matters involving public importance are dealt with. They
have the power of hearing both civil and criminal cases and also the appeals which are
arguable relating to the public importance. Its role is important by being above all the other
courts and giving decisions which involve effective management and abiding of rules and
orders. All the verdicts which relate to the constitution and its matters come under it. This sis
also called the final court of appeal which hears arguments and give decisions in public
interest.
Part 2: Source of law
Explanation of Case Law as a source of laws:
Laws made by judges are included in Common law and the judgements given by top
courts are followed by lower courts in the subsequent cases this is known as judicial
precedent. It generally means that the judges of lower courts will abide by the previous
decisions of courts in top hierarchy(Elliott, 2018). The courts which undertake these cases
relate to public safety and its management. These customary laws apply to the subordinate
courts and individuals. Is is based on the doctrine of stare decisis which creates a binding
effect.
Explanation of the process of making Legislation:
The passage of bill through various stages is known as the process to make
legislation. Its main focus is application of rules and regulations in UK. The two houses
responsible for making regulations, laws and acts are House of Commons and House of
Lords. The bill is first introduced in the house which later moves through various stages and
processes before becoming a proper act or legislation. In this process of voting various
changes and amendments take place in the bill which is discussed among the members of the
house so that loopholes are covered making the bill a perfect act in future. Once the
amendments take place it is then sent for the final assent to the Royal Monarch which is then
applied to the individuals of UK.
The meaning and examples of Delegated Legislation:
Delegated legislation means the laws made by some other bodies, that is the
subordinate bodies, rather than by legislation itself. Here the law is passed by the body to
which the power has been delegated by the statute for passing the legislation. Parliament is
said to be responsible for delegating the power to definite bodies and authorities for making
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certain rules, regulations and orders. Further the said such powers are required to be exercised
by such authorities while complying with the given limits and principles as laid down by the
government. Some of the instances which can be covered under the examples of delegated
legislation are, order of council, by laws and parliamentary sovereignty. Delegate legislation
can only be carried out in reference to an enabling Act(Gogarty and Appleby, 2020) .
Statutory rules and regulations are one of the most ordinary form of delegated legislation.
Generally, they are being made by an minister or executive which needs to be further applied
to the common people. Also sometimes, the rules and ordinances are need to be made by the
respective local authorities which are specifically applicable to the people of that particular
area.
Part 3: UK law making process: Employment Law
Statutory Duties of Employers to their employees:
In UK, there are various legislation available with respect to the employment laws and
talks about the duties of employers as well as employees but the Employment Act of 1996 is
considered as one of the core legislation for the purposes of employer and employee
relationships. This act provides various duties which an employer need to be abide towards
its workers. Some of the given statutory duties are as follows-
 All the employees are entitled to get the proper and adequate training related to work
and this must be managed by the employers. it should be given the utmost priority in
order to avoid any sort of accidents and misshapen s at work place which has
occurred as a result of lack of training.
 All the employees are required to get the proper salary and remuneration as per their
work on regular basis in accordance with the recent government regulations and
national minimum wages Act.
 It is duty on the part of employer to ensure no discrimination among the employees on
the basis of religion, race , sex, caste, position, etc and all the workers are getting
proper sick leaves and maternity leaves in cases of women(Keyes, 2020)
 It is duty of the employer to ensure proper safety and health measures have been taken
with respect to the employees within the working premises. Employers are bound to
asses the risks which can occur at the workplace and also have a duty to inform about
the same to his employers.
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Employers also have duty to regulate the flexible working hours for his employees and also
ensure that the fair recruitment policy has been followed for all its employees with regard to
the recruitment for concerned job.
Wrongful Dismissal and Unfair Dismissal Actions:
An employee is entitled to ask for the claim of his termination which can be done in
two ways that is wrongful dismissal and unfair dismissal by an employer. In first instance
both the terms looks similar to each other but there lies a huge difference in both the ways of
dismissals. Any employee is said to be wrongfully dismissed when employer terminates him
without complying and satisfying the terms as written in the employment agreement with
respect to the prior notice, which generally is of 2 months. Also if the employee is get
terminated before the completion of his employment contract then also he is said to be
wrongfully dismissed (Lee, 2019)(Mantouvalou, 2018) . The said employee is also eligible
to have specific reasonable time period to give justifications for his dismissal.
Whereas in case of unfair dismissal, an employee is said to be unfairly dismissed if he
gets fired by his employer without giving any proper or valid reason of his termination. Also
if an employee gets dismissed of having reason of unsatisfactory performance by the
employer, without giving any chance to reply to same then also he is said to be unfairly
dismissed. Further if the situation stands not the case of genuine redundancy or having the
reason of some disease, or women who are expecting or who are on maternity leave then also
it comes under the case of unfair dismissal(Woodhull, 2018).
Conclusion-
The given statutory rules and regulations play a very important role in maintaining
the flexibility and amicable environment within the organization as it obliges both employer
and its employees to abide by certain duties and responsibilities which needs to be followed.
Further it can be concluded from the above information that every organization needs some
statutes for its smooth running. It has been understood that law making authority that is
legislation which assist in making the general laws by bills. Supreme court is considered as
the highest court of appeal which also by the help of judicial precedent proven the laws and
makes them to abide by general people. Moreover to this it is also concluded that
employment acts assists in various rights and obligations regarding giving appropriate
training, guidelines for maintaining the health, safety as well as hygiene, etc.
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References-
Caygill, T., 2019. Legislation under review: An assessment of post-legislative scrutiny
recommendations in the UK parliament. The Journal of Legislative Studies, 25(2),
pp.295-313.
Chouaibi, S., Chouaibi, J. and Rossi, M., 2021. ESG and corporate financial performance: the
mediating role of green innovation: UK common law versus Germany civil
law. EuroMed Journal of Business.
Dowlatkhah, P.P., 2018. Explaining Legal Standards for Police Stop and Inspections in Legal
Systems in Iran, UK and America.
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).
Elliott, M., 2018. Sovereignty, Primacy and the Common Law Constitution: What Has EU
Membership Taught Us?. The UK Constitution After Miller: Brexit and Beyond
(Oxford, Hart Publishing, 2018), University of Cambridge Faculty of Law Research
Paper, (24).
Gogarty, B. and Appleby, G., 2020. The role of Tasmania’s subordinate legislation
committee during the COVID-19 emergency. Alternative Law Journal, 45(3),
pp.188-194.
Keyes, J.M., 2020. Judicial Review of Delegated Legislation: The Long and Winding Road to
Vavilov. Available at SSRN 3630636.
Lee, J., 2019. 4. Against All Odds: Numbers Sitting in the UK Supreme Court and Really,
Really Important Cases. In Apex Courts and the Common Law (pp. 94-139).
University of Toronto Press.
Mantouvalou, V., 2018. The UK modern slavery act 2015 three years on.
Woodhull, S., 2018. The Legal Position of Compliance of Commonwealth Legal
Jurisdictions with UK Laws. Available at SSRN 3158202.
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