Understanding UK Legal System and Employment Law

This study material covers the UK legal system, classifications of law, source of law, and the UK law making process for employment law. It explains the role of High Court and Supreme Court, case law as a source of law, and delegated legislation. It also discusses the statutory duties of employers to their employees and wrongful dismissal and unfair dismissal actions.

BMP4002 Business 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
Explanation of 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 Law p-p
Statutory Duties of Employers to their employees p
Wrongful Dismissal and Unfair Dismissal Actions
Conclusion p
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Introduction
Law is a crucial tool for regulating a country. Three distinct legal systems, namely
those for England and Wales, Scotland, and the Netherlands, are recognized in
English law. They all have unique legal systems. Both public and private laws exist.
Another crucial aspect of the English legal system is the court system. The High
Court is the third-largest court and the court of appeals, whereas the Supreme Court
was very recently established in October(Ambos, 2018). The sources of law are the
places from which the law is drawn, and one of the places where the law is produced
in English is through case law. Secondary law is derived from delegates. The English
legal system also safeguards the rights and obligations of both employers and
employees.
Part 1: Classifications of Law
Define laws and identify the respective legal systems in the UK
Law definition There is debate over the ideal definition of law. A formalized,
governing power that governs society has existed since the beginning of time and
may be referred to as law. Law is a body of regulations created by the legislature
and upheld in legal proceedings. To build and uphold the connection between the
state and its citizens, every nation needs a set of laws and regulations. Thus, law
can be thought of as the body that governs a nation and imposes rules on it to
control how its citizens behave in society(Stahn, 2019).
Legal systems are used to interpret, carry out, and enforce a nation's laws. In the
UK, these processes are known as legal systems. In the UK, there is a monarch, not
a president, who governs in accordance with tradition. It is therefore shared by
everyone. King Henry II incorporated it that year (1154 – 89). The common law
system in England and Wales is made up of a combination of statutes and
precedents established by case law.
Explanation with examples the following as means of classification
of laws in the English Legal system
Public law and private law are the two divisions of UK law. Public law is a branch of
law that deals with how citizens interact with the state. A private organization's
connection with an individual is governed by private law. Since civil law is a subset of
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private law, this is further divided. And the distinction between criminal and civil law
is that criminal law pertains to crimes committed against society as a whole, whereas
civil law deals with matters such as negligence, contracts, property law, etc.
a) Civil Law:
In English law, civil law covers a wide range of topics, including contracts,
employment rules, land laws, and negligence. It is a fundamental component of
private law. More than 200 locations in England and Wales must implement civil law.
Its financial purview ranges from $25,000 to $50,000. High court handles more
important jurisdictions. If the person making the demand defeats the defendant, he is
known as the claimant and is entitled to compensation and damages(Monaghan,
2022).
b) Criminal Law:
Criminal law is the area of law where an offense is committed by a person. Most of
these cases are filed on behalf of the state. The prosecutions are the ones who feel
wronged. Additionally, because criminal punishments are more severe than civil
ones, proof of guilt must be proven beyond a reasonable doubt. The accused is
either fined or imprisoned; if neither is done, he is declared innocent.
Explanation of the role of the following Courts in the English Legal
system
a) High Court:
In England, the High Court of Justice is also referred to as Her Majesty's High Court
of Justice. And these are England and Wales' oldest courts. It is the UK's third-
highest court.
The High Court's role-
 For the majority of civil proceedings, the High Court serves as the appellate
court.
 The High Court decision is binding on all lower courts, and similarly, the
decision of one high court is persuasive in another high court.
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 It also deals with high dollar value civil claims and appeals that are currently
before lower courts and are currently being heard.
 The Chancery Division, Family Division, and Queens Bench Division are the
three divisions that make up the High Court.
 The Queens Division Bench deals with both contract-related and tort-related
civil wrongs(Hanretty, 2020).
 The family Division deals with all family-related concerns, and the high court
always comes first in these cases. It also includes various courts, including
Commercial Courts, The Admiralty Court, and The Administrative Court.
 The Chancery Division handles a variety of laws. Many laws are regulated by
it, including Partnership claims, Company Law, and Land Probate.
b) Supreme Court:
The aggrieved always turn to the Supreme Court as their last and highest court of
appeal. It contributes significantly to the development of the country by assisting with
case resolution, administration, and regulation. Due to its position as the final court
of appeal, it can only review decisions issued by the lower court. On October 1,
2009, the Supreme Court of the United Kingdom was established, taking the place of
the infamous House of Lords.
Role of the Supreme Court:
 The court can reach decisions on issues of wide public interest and serves as
the final court of appeal in criminal and civil cases from England, Wales, and
Northern Ireland.
 The Supreme Court serves as the custodian of the Common Law system,
upholding the constitution and hearing cases involving social issues that affect
the general populace.
 The secondary legislation is subject to challenge by the Supreme Court.
Every jurisdiction's case may be heard by the Supreme Court.
 The Court of Appeal, Civil Division, The Court of Appeal, Criminal Division,
and The High Court of England and Wales (in limited cases) Northern Ireland;
Scotland's court of session(Strickson andDe La Iglesia, 2020).
Part 2: Source of law
Explanation of Case Law as a source of laws
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Sources of Law-
The origin of law can be traced back to sources of law. The sources of law in
England are the common law, equity, legislation, treaties, statute law, and case laws.
Case law serves as a legal reference point for determining how the UK judicial
system will proceed. Case law can also be divided into two categories:
(I) decisions where judges use their judicial judgment to reach a conclusion, and
(II) decisions where judges use their judgment to create common law. The lower
courts must follow the case laws. There are numerous important cases that
have shaped the UK court system. M'Alister (Donoghue) (Pauper) v.
Stevenson (1932), for instance The most significant precedent-setting
decision was made on May 26, 1932, when the aggrieved discovered a snail
within the beer bottle after pouring it into the glass. In the case, it was
determined that businesses had a responsibility and obligation to treat their
customers with care. It was determined that negligence is a civil law tort.
Case Laws as a Source of Law –
It is necessary to record the arguments made in judgments so that lower courts are
required to follow them. And it is published in legislation in the English System. Law Reports - These are the summaries of the judgments of the Chancery
Division, Family Division, Queen's Bench, and Appeal Cases. Weekly Law Reports- These are the cases that have been reported in
accordance with the Incorporated in Council of Reporting from 1935. These
come out much more quickly than legal reports(Escobar-Lemmon, et.al, 2021.
Additionally, the legal arguments are also documented in these files. All England Law Reports- which is cited in Halsbury's Statutes and Halsbury's
Law, is a publication of Lexis Butterworth. These can be brought up in court
by attorneys. Unreported Cases- These are instances that weren't recorded but are still
available for judgment reading, etc. Other Reports- Solicitor's Journal, New Law Journal, Criminal Law Reports,
etc. Ratio Decindi - When the same legal issue is at stake, the decision is binding
on subordinate courts.
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 Obiter Dicta - These are convincing but not legally enforceable.
Explanation of the process of making Legislation
The Legislative Process: The UK's parliament is made up of three parts: the House
of Commons, the House of Lords, and the Monarchy, or the Queen. Any legislation's
creation is similar to the production of a good in a factory. The Bill—a draft of the
proposed law—is then created. When the government sponsors a bill, it is referred to
as a Government Sponsored Bill; however, when a member of parliament proposes
the bill, it is referred to as a Private Member's Bill. And for that reason, either the
Commons or the House of Lords introduced the bill.
There are several steps involved in passing a bill: First reading- The process used to create a bill must be extremely accurate
and error-free. Drafting refers to the process of creating a bill in this way. And
whoever is announcing it in the parliament should do so. It's known as First
Reading. Second Reading - This is the stage where the main justifications for a law, its
need, its goals, etc., are laid forth for the public to understand after it has been
approved by the Commons or the House of Lords. For the measure to
advance to the next round, it must receive a majority of more than 50% of the
votes(Khan, et.al, 2019).
 Committee Stage- The creation of two committees: (I) a standing committee
and (ii) a committee of the whole house. The first deals with government work
examination, and the second with revisions or any necessary changes. Report Stage – All parties must be informed of the revisions made to the bill in
this stage. Third Reading- Now that the law has been introduced and is up for a final vote
in the House, only a successful vote will send the bill to the subsequent
house. Moving to other House- The house must now decide if the bill needs to be
changed or if it should be sent back to the house from which it was first
introduced. Additionally, any alterations that are made must be approved by
this house in order to receive the royal seal.
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 Royal Assent- After receiving the Queen's approval, the bill becomes a law
because the head of state has given her support (Neugebauer, 2021).
The meaning and examples of Delegated Legislation
Delegated legislation is also referred to as secondary legislation because it is not
generated from or passed by United Kingdom law but rather by a government,
minister, organization, individual, etc. A body with all the authority granted to it by a
law passed by the legislature has been established. Parliament has a lot on its plate,
therefore delegation is necessary.
UK Delegated Law Examples: Orders in Council, By Laws, and Ministerial
Regulations are the three types of delegated law that are recognized in the UK. Orders in Council—When a government must act quickly and does not pursue
the full parliamentary process to create a bill, it must follow the order of the
Council. By Laws- The term "by laws" refers to rules and regulations that are created
by local authorities but are still subject to parliamentary authority. It is done for
the purpose of regulating, managing property or the state. These are only
designed for a few particular regions.
 Ministerial Regulations- Ministerial Regulations are the terms used to describe
the government's delegation of authority to a minister or other organization.
Part 3: UK law making process: Employment Law
Statutory Duties of Employers to their employees
Employers' obligations to their employees- Since the employer and employee are
parties to a contract, it is the employer's responsibility to uphold the employee's
rights as he or she fulfills his or her obligations(Wincott, 2018). According to
employment law, a company is required to pay the national minimum wage, maintain
a secure working environment, and grant employees specified paid holidays. The
employer cannot fire an employee without good reason in order to pay sick leave.
The maternity or paternity pay must be provided by the company as well.
Wrongful Dismissal and Unfair Dismissal Actions
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Wrongful Dismissal - Wrongful dismissal is a repudiatory breach in which the
employer is fired as a result of a contract violation. It might be connected to
situations where an employee is let go without providing adequate, adequate, or
statutory notice. The employee must suffer a loss. The conditions of termination are
covered by Section 86 of the Employment Rights Act of 1996(Cahill-O'Callaghan,
2020).
Unfair Dismissal- When an employee is fired or removed from his position without
cause, this is known as an unfair dismissal. The employee must fulfill a term
qualifying period under English law before they may make an unjust dismissal claim.
When an employee is unfairly terminated, they may also appropriately file a lawsuit
in court. Particularly relevant to worker termination is Sections 94 and 98 (2).
Conclusion
The English legal system resembles a Pandora's box. The sources of law are crucial,
and the fact that every prince has a unique judicial system is fascinating and
inspiring. Despite the extreme variation in their systems, they nevertheless have
some of the best laws and courts in the world. Every facet of treating employees well
is covered under the employment legislation. The rights of employees are protected
by the employers, and there are numerous avenues via which they can file claims for
compensation, etc.
References
Ambos, K., 2018. European criminal law. Cambridge University Press.
Stahn, C., 2019. A critical introduction to international criminal law. Cambridge University
Press.
Monaghan, N., 2022. Criminal law directions. Oxford University Press.
Hanretty, C., 2020. A court of specialists: Judicial behavior on the UK Supreme Court.
Oxford University Press, USA.
Strickson, B. and De La Iglesia, B., 2020, March. Legal judgement prediction for UK courts.
In Proceedings of the 2020 the 3rd international conference on information science
and system (pp. 204-209).
Escobar-Lemmon, M.C.,et.al, 2021. Breaking the judicial glass ceiling: The appointment of
women to high courts worldwide. The Journal of Politics, 83(2), pp.662-674.
Wincott, D., 2018. Brexit and the State of the United Kingdom. In The Routledge handbook
of the politics of Brexit (pp. 15-26). Routledge.
Cahill-O'Callaghan, R., 2020. Values in the Supreme Court: Decisions, division and diversity.
Bloomsbury Publishing.
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Khan, N.,et.al, 2019. Diversity in the workplace: An overview of disability employment
disclosures among UK firms. Corporate Social Responsibility and Environmental
Management, 26(1), pp.170-185.
Neugebauer, M., 2021. Socio-legal perspectives on agency work: Liminal employment,
innovation and the crisis of UK labour law (Doctoral dissertation, University of
Kent).
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