Legal System for Business Law: UK Classification, Sources, and Employment Law

This report discusses the legal system for business law in the UK, including classifications of law, sources of law, and the UK law-making process for employment law. It also covers statutory duties of employers to their employees and wrongful and unfair dismissal actions.

BSc (Hons) Business Management
BMP4002 Business Law
Assessment 1
Legal System for Business
Law
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Contents
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Introduction 2
Part 1: Classifications of Law 2-4
Define laws and identify the respective legal systems in the UK
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Explanation with examples the following as means of classification
of laws in the English Legal system 2-3
a) Civil Law 2
b) Criminal Law 3
Explanation of the role of the following Courts in the English Legal
system 3-4
a) High Court 3
b) Supreme Court 4
Part 2: Source of law 4-5
Explanation of Case Law as a source of laws 4
Explanation of the process of making Legislation 4
The meaning and examples of Delegated Legislation 5
Part 3: UK law making process: Employment Law 5-7
Statutory Duties of Employers to their employees 5
Wrongful Dismissal and Unfair Dismissal Actions
Conclusion 7
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Introduction
Business law is commercial practices of law which helps out to evaluate all the public
and private law in order to manage a systematic approach. This is an important tranche
through which all the effective management of organisations can be implemented and this
also promotes the generation of revenue and framing of goods and services in a proper
manner. This implies all the agreements, conventions, treaties, norms and other facilities. It
also provides all the regulations and management through which smoother functions in all the
cooperative practices can be generalized. In this report there will be discussion about legal
system in UK with all the legislation, sources of law and also classification of High Court and
Supreme Court. Further it will also elaborate statutory duties of employment law.
Part 1: Classifications of Law
Define laws and identify the respective legal systems in the UK
Law its command and principle of agreements and general rules which are being
made by higher authorities and governments through their Parliamentary rights and
regulations which will impose a binding agreement for all the society and individuals. This is
mainly the legislative body through which all the positiveness in the society along with the
directions for managing the work and conducts of duties can be channeled. They had
authorities of government focus on lawmaking process where they manage to promote all the
compliance and methods in order to have effective functions of Parliament. UK comprised of
unwritten constitution where it is not fully codified (Allen, Derry and Loveless, 2020). So,
all the conventions, sources and statutes play a major role over there. The judicial methods
through which the laws are being made through the common law practises. Other than that
House of commons and house of lords promotes the lawmaking bodies and they are mainly
the important part in lawmaking procedure as house of lords helps in investigation managing
and conduction of rules and comments implement the strategy through which the bills are
being made
Explanation with examples the following as means of classification
of laws in the English Legal system
a) Civil Law:
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Civil law manages all the issues which are being related to property and the
general rights that are being considered by individual regarding their dispute
settlement for property or organisation. This involves the quotes like family court,
county court, High Court and Supreme Court. The major issues which it considers are
like termination or breach in the contract, property related matters, employment law,
personal injury or harm. The major settlement of such kind of civil matter is through
damages, injunction, fine, compensation and various other factors and remedies that
are being provided under it (Behrouziyeh, 2021). It also provides that the standard of
proof is mainly according to the probability balance which is being seen between
individuals and their working conditions.
b) Criminal Law:
Criminal law it’s majorly the law which helps out to protect the rights of
individuals and their safety measures through which no humiliation and any kind of
illegal activities can take place in the society. This involves juvenile court, Crown
court, Supreme Court and High Court where all the major offences which can affect
the living standard of individuals are being covered. UK manages all such offences by
implementing the laws and rules. Criminal law Considers to have some of the major
of LCs under eight which are like narcotic, rape, murder, assault, criminal
intimidation and many more. The sentences which are being imposed under this kind
of offences are like death penalty, imprisonment, fine or all. The onus of proof lies
beyond a reasonable doubt in order to remove the home from the society.
Explanation of the role of the following Courts in the English Legal
system
a) High Court:
This is the second highest court of appeal in England and is the senior court
where all the criminal, noncriminal and other civil and family matters are being
covered. This simply manages out all the binding agreements between the subordinate
courts along with the Divisons of other courts. It manages three important divisions
which are Queens bench, family division and Chancery Court (Egdell, Stavert, and
McGregor, 2018). All the Queen’s bench used to cover single judges and two or
more judges are being managed under divisional bench. High Court overlook all the
appeals which are being Managed by subordinate courts this also raised effective
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functions through which the evaluation and the working procedure is being intended.
The decision slide by the high court considers to be under judicial precedents and
common law. All the appeals which are being made for the decision of High Court
goes to the Supreme Court for jurisdiction.
b) Supreme Court:
It is a final court of appeal where all the civil and criminal matters are being
dealt. This implies the final judgement Where justice, equality and other focused areas
are being considered. There will not be any kind of discrimination which is being seen
as the focus on public importance and public awareness and also to manage deal and
clarity in constitutional rights. Supreme Court evaluates the highest judicial body and
they are managed under federal judiciary Goldie final appeal hearing is being made
under it to the decision cannot be questioned and his final one city is being applied.
Part 2: Source of law
Explanation of Case Law as a source of laws
Caselaw or common law or comprised of all the laws and the issues which are being
considered under judicial precedents. When any case comes under the jurisdiction of judges
they try to evaluate, analyses all the evidence, facts and the issues that are being raised and
after which they give an impact of judgement by applying all the rules and laws that are being
abided under it. There is being seen that all these standing in the seasons and the general
reflection for stare decisis is managed under case laws. It involves law report, Transcripts,
description and official areas through which all the judges who are being associates are
considered. All the jury diction with the judges is being implicated under it. This is a source
of law that all the enactment are being applied. No legislation can question the judge’s laws
and ideas and all the judgement and the decision (di Torella, 2019). It involves the judges to
Just manage all the rights and wrongs and also to provide the general judgement. All the
individuals will have to implement the decision that are being given by the judges and all the
subordinate courts will have to Manage future decision making at all the offences which are
being related to all the impacts of disputes.
Explanation of the process of making Legislation
Legislation Involves implementation of law and all the management of general
Parliament and new law system. In order to make law the bill is being enacted by both the
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houses where it is being introduced. All the research changes, amendments at the loopholes
are being carried out with considerable areas and points. This involves the major key issues
through which the concerned matters are applied. Once the royal assent is being given that it
will become an act in all the bill is drafted. Legislation also promotes the legal litigation and
law for the society and also frames the legal issues and matters in and proper manner.
The meaning and examples of Delegated Legislation
Delegated legislation is mainly the subordinate legislation through which all the
lawmaking power be given to the other authorities. This implies all the government bodies,
ministers and other expertise who have basic knowledge about the functions. This is a
statutory instrument through which all the alignment and the important Parliamentary
scrutiny is being implied. It involves diversification of management as it is a time saving
method with the technical process it also helps in managing proper decision making it
functions with expert knowledge (Campbell, 2018). There is being seen that it is a time
saving process and also manage expert knowledge with all the gentle Parliament reactions
with working procedures. The major control in all the delegated legislation involves
ministerial orders, councils, regulations, rules and many more. There is being seen that
Parliament considers expert knowledge for making the laws in the major example of
delegated legislation is considered as rules, regulations and bylaws. The major use of such
legislation is at the time of emergency where they authority is manage the powers
implemented in it.
Part 3: UK law making process: Employment Law
Statutory Duties of Employers to their employees
Employment law protects statutory duties through which all the employees are
managed in order to implement all the abiding rules and principles through which the
protection of rights of workforce is being managed some of the major applied statutory duties
are like:
 All the payment of salary should be on timely basis which implicates that the
employees should get their pay scale on a proper manner with a proper enumeration
which is being decided in the national minimum wages act or under employment law
that should not be any kind of discrimination on the pay scale on the basis of gender
or religion (Tarrant and Blake, 2019).
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 It is important to manage protection of hygiene of the workforce which means that all
the employers should take care of the employees for their hygiene and provide them
clean and safe environment and all the facilities through which a production can be
managed regarding their working principles. It applies all the functional areas through
which the major concern Carried out.
 There should be manage proper leaves for the employees for all the redundancy, sick
leave, maternity leave, paternity and all the other parental leaves we should be given
to the employees in the organisation there should not be made any kind of issue which
can affect and impact the working of the employees. There involves that all the
management of leaves should be according to the rules that are being abided by the
government.
 Employment act should be applied in all the organisations by managing a systematic
approach and all the rules and regulations are to be properly followed (Green, 2017).
 There should not be any kind of discrimination on the basis of gender, race, sex,
colour, caste etc. It involves that they should not be any kind of discrimination with
their workforce and there should not be any issue related to the management and
working nature.
 Employers considers to have duty that they should manage effective training sessions
for all the new workforce and candidates who are being employed so that there should
not be any kind of accidents in the industries and they should manage all the methods
through which effective training sessions can be given to the old workforce in order to
implement new techniques and ideas.
Wrongful Dismissal and Unfair Dismissal Actions
Unfair dismissal and wrongful dismissal are an important concept which helps out in
providing the major areas regarding the breach of contract which is being made for the
organisation in their working place. When any breach in the contract is being applied then it
considers to have contractual obligations through which wrongful discharge can be seen. It
avoids all the termination of an employee without any agreement on contractual terms. The
major statutes of employment law and statutory provisions are managed with government
regulations and when the companies do breach in all such contract (Defty, 2021). Whenever
the discrimination is being seen with the employees Then the workforce or the employee
have the right to go to the court as they should be served proper notice period for all the
wrongful dismissal on all the basis of age, sex, religion, nationality.
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Unfair dismissal amounts to all the unfair practises that are being taken place in the
organisation with the employees and for which there is no justified reason for the dismissal of
the person. This is usually being taken place due to flexible working request, trade unions,
issues regarding general actions, maternity leave etc. the major constructive dismissal in all
the areas where there will not be any kind of choices being left with the employer rather than
resigned are being considered elite (Custers and et. al., 2018).
The employment tribunal used to provide three months period in order to of the
compensation to the person who have been affected by unfair dismissal.
Conclusion
From this report it can be concluded that law provides a command of rights and
regulations through which a proper protection and management can be implemented for the
rules and regulations that are being framed for the society. Business law manage the public
and private law which helps in alignment of functioning of companies. UK comprised of
unwritten constitution through which house of commons and house of lords are being mate
with all their principal and actions. Criminal matter deals with all the major effect which is
being seen in the individuals and their rights and safety. The punishment which is being
provided under it is fine, imprisonment, death penalty. Furthermore, it can be analysed that
legislation play an important role in framing the laws in the Parliament with the help of
introduction of bills between both the houses.
References
Custers, B., and et. al., 2018. A comparison of data protection legislation and policies across
the EU. Computer Law & Security Review, 34(2), pp.234-243.
Green, F., 2017. The normative foundations of climate legislation. Trends in climate change
legislation.
Campbell, K., 2018. Legislation and Case Citations. In Miscarriages of Justice in
Canada (pp. 381-388). University of Toronto Press.
di Torella, E.C., 2019. The Unintended Consequences of Brexit: The Case of Work-Life
Balance. In Gender and Queer Perspectives on Brexit (pp. 61-91). Palgrave
Macmillan, Cham.
Egdell, V., Stavert, J. and McGregor, R., 2018. The legal implications of dementia in the
workplace: establishing a cross-disciplinary research agenda. Ageing &
Society, 38(11), pp.2181-2196.
Allen, M., Derry, C. and Loveless, J., 2020. Complete criminal law: text, cases, and
materials. Oxford University Press.
Behrouziyeh, M., 2021. A Comparison between ‘Crime-Centeredness’ Approach of Criminal
Jurisprudence and ‘Felon-Centeredness’ and ‘Victimized-Centeredness’ Approach in
Criminal Law. Islamic Law, Jurisprudence and Methodology, 7(2), pp.1-1.
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Tarrant, S. and Blake, M., 2019. Criminal law: Introduction. University of Western Australia
Law Review, 45(2), pp.1-7.
Defty, A., 2021. ‘Familiar but not intimate’: Executive oversight of the UK intelligence and
security agencies. Intelligence and National Security, pp.1-16.
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