BMP4002 Business Law: Examination of UK Laws and Globalisation

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This report provides a comprehensive overview of the UK's legal system, focusing on the sources of law, including civil and criminal law, and the three main legal systems of England and Wales, Scotland, and Northern Ireland. It explores the hierarchy of legal sources, emphasizing the constitution and the roles of central and state laws. The report also examines the impact of globalization on legal practices, particularly multilingualism in business. Furthermore, it delves into employment law, discussing key legislations such as the Employment Rights Act 1996, Equity Act 2010, and National Wages Act 1998, highlighting the rights and responsibilities of both employers and employees. Desklib provides a platform to access this and many other solved assignments.
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BSC (Hons) BUSINESS MANAGEMENT WITH
FOUNDATION
SEMESTER 1, EXAMINATION 2021/22
BUSINESS LAW
MODULE NO: BMP4002
Exam Paper Release Date & Time: Saturday 13 August 2022 at 10:00am
Submission Cut-off Date & Time: Monday 15 August 2022 at 10:00am
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ANSWER BOOKLET
All the pages of the answer booklet should be submitted including blank ones.
Please type your answers in the spaces provided.
Insert additional pages where required.
Student Name
ID Number
[There are THREE questions. You are required to answer all THREE questions. For each
sub-questions, use heading such as “Answer to the Question no. 1(i)” or “Answer to the
Question no. 1(ii)” etc. Start writing you answer from this page (page 2).]
“Answer to the Question no. 1(i)”
Law is an act which is prepared and sanctioned by the parliament for enforcing it on the
people of the country. These acts are passed by both the houses of parliament that are
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House of Lords and House of Commons. There is a specific and particular procedure and
system of imposing the law on a particular topic or concept in the society by enforcement
of it on the individuals which are required to be followed by them. The process starts firstly
when the bill is introduced in the both the houses of parliament which is later discussed by
concern authorities of the houses of parliament(Amos, 2020). This procedure of discussion
is then followed by deep and critical analysis and evaluation of the specific regulation or
act into brief study which is later accepted by both the parliament houses. After the
discussion is complete, it is critically assessed and studied before sanctioning and signing
by both the houses of parliament. This sets up the formation of law in the society. The
sanctioning of the bills results in formation of law after which it is enforced on the people of
the country.
“Answer to the Question no. 1(ii)”
The two essential classifications of law in UK are mentioned as follows:
Civil law – This is the law which is mainly related to any civil liability of a person for
the purpose of validating his status in the society. This law consists the punishment
to the guilty in the form of dues and fines which are to be paid. It also determines
the relation between the companies and legal organisations with the people of the
society. The civil law generally deals in the matter of land, property, area, ownership
rights and status and relating to the negotiable instruments like cheques, bonds,
etc.(Bezzina, 2020).
Criminal law – This law is related to the liability of criminal nature of the person
impacting the criminal record of that individual. This law deals in the cases whose
matter is related to robbery, thug, murder, rape, sexual exploitation, sedition,
dacoity, dowry death and other related cases. The punishment which is generally
provided to the criminals in these cases involves of harsh and rude nature like life
imprisonment, death, etc. This makes the movement and communication of the
person restricted with various boundaries related to travel restriction and
communication level in the international boundary limits.
“Answer to the Question no. 1(iii)”
The country of United Kingdom is mainly dominated by the presence of three
essential legal systems which are governed and authorised by the government.
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These three main legal systems in the nation of UK are legal system of England and
Wales, Scotland, Northern Ireland respectively. The country of England and Wales
have a legal system which is mainly common as compared to the other legal
systems. The Northern Ireland and Scotland have separate and different legal
systems due to the presence of distinct cultural and societal norms. There is one
more reason for their difference which is geographical boundaries and limitations.
There are different status and laws which are applied and enforced in various parts
and which is not seen in other parts of the nation or country. This is the reason, the
enforcement and implementations of the laws in various parts comprises of these
three distinct legal systems in the country of UK (Cabrelli, 2021).
“Answer to the Question no. 2(i)”
The hierarchy of the principal sources of law in the English legal system mainly
comprises the highest supreme authority in enforcing the law which is the
Constitution of the country. It enforces and implements the various acts and
amendments for developing a proper law and order in the nation. It helps in
maintaining the peace and harmony between the individuals in the society. The first
hierarchy in the source of law is the Constitution which is then followed by mainly two
different laws of the Centre and State. The laws of Central and State are established
for bringing a clarity in the jurisdictions of the legal systems with assigned roles and
responsibilities of various authorities in the country. The Central government is
responsible for implementing and legalising the laws at the central level and the State
government implements and legalises the laws on the State level.(Chalkidis and
Kampas, 2019).
“Answer to the Question no. 2(ii)”
The main sources of law are the customs, rules, Legislations, case laws, orders and
precedents which are already decided in the cases. All these are regarded as an
essential and primary source of law. The vital features of sources of law are
mentioned below:
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The legal system of the nation enforces the law which are related to equality for
giving equal and fair treatment to the people irrespective of their caste, gender,
race, etc.
It focuses at maintaining and developing healthy, cordial and positive relationship
between the society and the citizens.
The legal system of the country is very much dynamic and limited with an
alternative of expanding the boundaries on the basis of the ever changing rules and
laws.
The purpose is to maintaining the peace in the society with the implementation and
maintaining law and order in the country.
This system is very complex and complicated in nature defining the legal
obligations.
“Answer to the Question no. 2(iii)”
Globalisation plays a very essential role in helping the organisations expand the business
operations at an international level. It assists in reaching to new heights and liberalises the
trade barriers between the various countries. Every company has to formulate and develop
a multi linguistic department since the language is regarded a main barrier for any
organisation when it is thinking of growth and expansion the operations in the global
market. It also assists in understanding the needs and culture of the local market. It also
facilities the society with the tasks and activities in the education sector which helps in
spreading awareness and knowledge about the various cultures which are prevailing in the
people of the society. These practises are basically related to multilingualism which play a
crucial role in addressing the authenticity of the particular area, place or region. It is very
important for the companies to develop multilingual practise for establishing the
understanding of various languages of one area which assists in recognizing the validity of
culture of a particular place.(Edmonds, 2019). So, the outcome of these respective laws on
multilingual establishment is that it gives assistance in the growth and development of
specific region by providing recognition to the people who belong to the minority class on
the national level by formulation of various policies which are related to the diversified
culture of the region.
“Answer to the Question no. 3(iii)”
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Employment law
This law is regarded as a part of business law which controls the relation between the
employer and workers. It plays a vital role in the effective working of the operations of the
business. It focuses on providing protection and security of the rights of employees against
their employers. This law is considered as beneficial law since it pays attention to protect
the people and also ensures various rights to the individual at the time of entering into the
employment contract. It is regarded as wider law because of the presence of wider scope.
It covers a variety of factors which are very crucial for efficient and effective running of the
business operations(Gulma, 2022). The employees are considered as an essential asset
of the company and it is responsibility and duty of the employer to provide essential
facilities and services to the workers. Another duty is to make sure that all the employees
are receiving equal pay for the similar work, minimum wages and are not facing
discrimination of any kind. It also consists of the formation and de non-recognition of the
trade union. It is a grouping of different laws and legislations which are crucial for effective
and smooth operations of the organisations. These are mentioned below:
Employment rights act 1996: It is a developed version of the labour law which
states protect the workers against any wrongful dismissal and also pay attention on
ensuring the right to paternity leave, unfair dismissal maternity leave and many
other claims regarding redundancy.
Equity act 2010: This is established for giving protection and security against any
type of discrimination which happens in the place of work or during the recruitment
procedure. It also mentions the secured features which are not used as a factor in
decision making at the place of work(Powell, 2020).
National wages act 1998: The government of UK has formulated this act with an
aim of securing the rights of the employees against the employers. In this act, the
government lays down the minimum wages which is to be paid to the workers by
the employers for maintaining a healthy lifestyle of the people. These wages varies
on the basis of age groups and other essential factors.
Part time worker (prevention of less favourable treatment regulation) Act
2000: This act is enacted with the purpose of determining and identifying the rights
which are available for use to the part time workers against any unequal or unfair
treatment done by the employers as compared to the full time
employees(Wollmann, 2019).
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Equity act 2010: This act was formulated with the aim of eliminating and preventing
discrimination which sometimes takes place during the process of recruitment or at
the place of work. It also lays down the protected features which are not used as a
cause for any decision at workplace.
Data protection act 2018: This act is regarded as the most famous enactment for
the organisations of commercial nature which states about the protection and
security of personal information of the employees by the employers.
For example- The commercial companies have to adhere different laws and rules which
are related to both the employers and employees. The personnel’s and officials are
considered as assets of the organisation since they provides the report of progress of the
business which is essential for efficient and effective functioning of the workforce of the
business. so, it is the duty and responsibility of the companies to safeguard and protect the
rights of the workers. The liabilities and rights are two-sided and of both the parties which
are mentioned below:
At the time of formation of the employment contract, it is the duty of the employer to
specifically lay down the rights and liabilities of both parties in a systematic and clear
manner.
As per the workers act, the employees must have the right to get sufficient holidays,
sick leave, proper working tools, etc.
They also have the right against any wrongful dismissal, equal treatment with the
part time workers and full time worker and other claims to redundancy and many
other.
As per the national minimum wages act, the employers shall ensure that labourers
and workers gets the wages as per the requirement of the act.
They also have the right to receive healthy and effective working environment along
with the continuous provides of safety tools as per the work and also give medical
and insurance facilities to the employees.
Reference List (if Any)
Amos, H.W., 2020. English in French commercial advertising: Simultaneity, bivalency, and
language boundaries. Journal of Sociolinguistics, 24(1), pp.55-74.
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Bezzina, C., 2020. A comparative analysis of the concept of redundancy in employment
and kindred consequences between Maltese law and UK law (Bachelor's thesis,
University of Malta).
Cabrelli, D., 2021. Regulating Restrictive Covenants in English Employment Law: Time for
a Rethink?. Edinburgh School of Law Research Paper, (2021/13).
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.
Edmonds, E., 2019. Research Handbook on EU Sports Law and Policy. Edited by Jack
Anderson, Richard Parrish, and Borja García. Cheltenham, UK; Northampton, MA:
Edward Elgar Publishing, 2018. Pp xi, 474. ISBN: 978-1-78471-949-4. UK£
140.00; US $225.00. International Journal of Legal Information, 47(2), pp.118-119.
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.
Powell, R., 2020. Political and Economic Influences on Multilingualism and Multijuralism.
In Language Choice in Postcolonial Law (pp. 25-60). Springer, Singapore.
Wollmann, H., 2019. Comparing institutional development in Britain and Germany:
(persistent) divergence or (progressing) convergence?. In Comparing public sector
reform in Britain and Germany (pp. 1-26). Routledge.
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