BMP4002 Business Law: UK Legal System Analysis for Business BSc Hons

This report provides a comprehensive analysis of the UK legal system for business, focusing on the classifications of law, sources of law, and employment law. It defines laws and identifies the legal systems in the UK, explaining civil and criminal law with examples. The roles of the High Court and Supreme Court are discussed, along with case law and legislation processes. Delegated legislation is explained with examples, and the report details the statutory duties of employers to their employees under UK employment law, including wrongful and unfair dismissal actions. Desklib provides more resources including past papers and solved assignments for students.

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 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 mainly refers to systems of regulations which develop by country
government for managing people behavior with penalties. This study will develop
information of laws which play major role in systematic work culture, human
behavior, society norms and multiple aspects follows by sustainable manner by
people. It will discuss classification of laws in the English legal system which proper
explanation of civil law and criminal law. This study will also discuss role of court
includes with high and supreme court, source of law, employment laws.
Part 1: Classifications of Law
Define laws and identify the respective legal systems in the UK
Laws: This term is mainly refers to define as systematic approaches and regulations
which develop by government for effective action taken for specific crimes,
commitments. Laws mainly developed by government for resolution and application
of appropriate penalties against on specific term. Judges prefer to use law
application because it has power to resolve multiple conflicts with very perfect
manner. Legal systems in the UK is mainly refers to acts which develops by
parliament for management and building of attraction and sustainable environmental
or cultural activities with uses or utilization of legislations in solution development on
any challenging term.
Explanation with examples the following as means of classification
of laws in the English Legal system
a) Civil Law: This law mainly resolve cases where individual get badly influence from
other. Also, it defines as it deals with cases where individual do wrong things with
specific (Henderson, 2021). It mainly includes contracts, family relation, physical
injuries and property injuries, contracts and many more. Constitutional laws mainly
develop by government for management of sustainability with poorer involvement of
appropriate decision-making. It develops by England government where state
government create level of state laws which makes more a d better understanding in
terms of more efficiency or effectiveness development in process or new action
against on criminal for management of long term sustainability. In context of civil
laws of UK government, court judge makes decisions on the basis of requirement.
Thus, from the idea of this term its important aspect that judge develop higher
attraction in control development on activities of individual.
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b) Criminal Law: It's mainly refers to body related laws. Individual conduct activities
which provide harm on health, robbery, rape, murder, develop conflicts on welfare
and sustainability of people and many more (Merryman and Pérez-Perdomo, 2020).
Its also includes to develop higher attraction towards with control expansion in
criminal terms. Because its very risk to reduce conflicts and activities of human.
Explanation of the role of the following Courts in the English Legal
system
a) High Court: It has power make decisions for country benefits with creation
of specific laws which provide benefits for society effectiveness. It provides
justice to family issues, manage property conflicts. High court of UK play
major role in sustainable decision development and involvement in business
because it has power to provide appropriate rules regulation application o
audience sustainability.
b) Supreme Court: This is final court which takes appropriate action for
control and solution development on civil laws, like property laws and many
more. It impacts on activities of whole people of country throughout their
different thought process and many more. Supreme country engages
appropriate solution who makes more clarity and specification in rules and
regulations addition.
Part 2: Source of law
Explanation of Case Law as a source of laws
Case law has been determined as the third source in the case law. These
laws are completely based on the judicial decisions. The cases that has been deal in
the high court and supreme court always comes up with the judicial decision and this
decision has been taken in consideration if the same type of cases arrive in- future.
However, the consideration is not mandatory each time. Proper evaluation of the
case has been done and then, the judicial decision of the previous cases has been
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done (Harrison and et.al., 2018). Case laws mainly involves the law related to
Personal injury, medical negligence, fraud and so on.
Many times the cases seems same but their outcomes are different therefore,
without making proper investigation of the case the judicial decision is not taken in
consideration. After the investigation of the case, the number of aspects has been
match from both the cases and then, the decision has been formed.
Explanation of the process of making Legislation
In UK, the process of making legislation involves the certain steps. It has been found
from various studies that, UK has been proven highly effective in terms of managing
the legal system in the country. The major reason behind this is the effective law
making system in the UK. The process of making legislation in UK is concerned with
the various steps and this involves:
In order to enact the law a bill has been passed and then, the bill foes from the
different lords stages which included:
First reading- This has been considered as the form stage. Under this, the bill has
been arrive under the lords and the formal reading of the bill has been done. It
includes the name and purpose of the bill.
Second reading- This stage is concerned with the debate regarding the key areas
that are mentioned in the bill. Members of both the houses debate over this and
provides their opinion (PR, 2021). Any change that is needed in the bill has been
notice by the members and discussion has been done. However, this stage of
reading does not contain the voting criteria.
Committee stage- Afterwards, the bill has been monitor by line to line process and
the changes that are needed has been discussed. Furthermore, the strong opinion
has to be provided in relation of making the changes in the bill. The house who
wants to make the change in the bill has to provide the effective reason. Also, this
stage may involve the voting scenario for making changes.
Report stage- More debates and discussions regarding the changes in the bill has
been take place at this stage. The positive and negative elements of the changes
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has been evaluated (Craig and De Búrca, 2020). Also, again the voting has been
done after identifying the negative and positive elements in the bill.
Third reading- This has been determined as the final chance that is given to the
members of the house for amendments & votes. The bill has been examined within
making the keen observation and the changes that are needed has been monitored
again.
Consideration of amendments- In case, the lords has made any changes in the bill
then it has been sent to the commons in order to agree upon the bill. The commons
may accepts the changes and may reject. In case, the rejection has been done by
commons then, the bill has been again sent to the lords. Afterwards, the lords makes
the changes as per the instructions of the common and again sent it to the
commons. This process takes place numerous times till the commons does not get
satisfied from the bill.
Royal assent- After both the houses agreed over the text that has been written in
the bill then the bill gets the approval by the monarch and the bill has been changed
into the law and this is how the new law has been enacted in UK (Malgieri, 2019).
The above steps analysis the process of making legislation in UK. Also, it clearly
depicts that in order to enact a law the bill has been passed from the certain stages
and has been identified numerous times. This clearly shows that, In UK, the there is
strong and effective procedure has been followed in terms of enacting the law.
The meaning and examples of Delegated Legislation
Delegated legislation refers to the passing of power to the another authority
by the parliament in order to enact a legislation for the betterment of the community.
In UK, the complete power of enacting a law is in the hand of parliament. However,
in some areas the power has been delegated to the government as well. The
government has to the authority to form the mandatory decisions. This has been
considered as the secondary legislation as it has been made by the ministers. Also,
it takes the form of the statutory instrument. For example: Rules related to the
Alcohol and drug that has been established by the government is the part of the
delegated legislation.
The delegated legislation is important as it does not involve the whole
procedure for enacting the law and the fast decision has been taken in the meetings
of the government members and the law has been introduced (Kosti, Levi-Faur and
Mor, 2019). The implementation of law in fast manner in highly important for the
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areas related to the women safety, gender discrimination and so on. Thus, the
process of delegated legislation entitle the external bodies in order to form the
decision in the favour of the community.
Part 3: UK law making process: Employment Law
Statutory Duties of Employers to their employees
Employment law refers to that law which is concerned with protecting the
interest of the employees in the organization. Also, it assures the fair treatment to the
members in the organization. In accordance with the UK law making process the
employment law determines statutory of the employers towards the employees in the
organization and it includes:
Treating the employees with respect- The employment law delivers the guidelines
about treating the employees with complete respect in the organization. It is the duty
of the employers that, they must treat the employees within providing them complete
value.
No discrimination- In an organization all the employees has to be treated in equal
manner (Cabrelli, 2020). No discrimination has to be done among the employees as
the discrimination refers to the unfair treatment towards the employees and it has
been considered as illegal under the employment law.
Ensuring safety- The employees may face the bullying by their seniors at the
workplace. It is the duty of the employer that the safety has been assured to the
employees so, they can have the sense of no fear in their mind. Also, for women
employees facilities related to the dropping has to be provided as many women gets
free from work in night. Thus, it is the duty of the employer to assure them safety.
Assure adequate rest periods and holiday leaves- Over utilization of the
employees due to their high effectiveness is also considered as illegal under the
employment law (Weiner and et.al., 2018). The employees must provide the break
time and their holiday leave has to be given to them.
Wrongful Dismissal and Unfair Dismissal Actions
This actions refer to the wrongful act that has been performed by the
employer towards the employees. This refers to the dismissal of the employees
without giving them valid reason of the dismissal. However, both the dismissal refers
to the dismissal of employees but contains the differences. The wrongful dismissal
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refers to the type of dismissal that is the part of the contract whereas, the unfair
dismissal refers to that dismissal that is not considered as the part of the contract. If
an employee breach the law of guidelines that has been mentioned in the contract
then the wrongful dismissal of the employee has been done as it has been
mentioned in the contract as per the rules of the organization. Different organizations
has the different rules and on the basis of that the rules and guidelines has been
made in the contract. On the other hand, in unfair dismissal the employee has been
dismissed by the employer without any breaking of the rule.
Therefore, the employee has a right in terms of making claim towards the
employees. Furthermore, the action against the employer has been taken by the
court. For example: Racial discrimination towards the employees in the organization
and dismissing the employee on the basis of their background and colour has been
considered as the unfair dismissal action and this has been determined as the
complete illegal (Sorokoletova, and Kornienko, 2021). Thus, in case of unfair
dismissal the employee can appeal in the court. In case of wrongful dismissal the
employee has to be given the notice period and if this not has been given then, the
employee has a right in terms of making appeal in the court.
Conclusion
From the above report it has been concluded that, law plays the vital role in
maintaining the legal environmental in the society. As a result, the justice has been
assured to all the people living in the society. Moreover, the report has described the
role of high court and supreme court in dealing with the cases. Along with this the
report has described the different types of laws that assures the effective legal
environmental in the business. Apart from this, the report has highlighted the
legislation making process in the UK and the delegated legislation. Lastly, the report
has mentioned the law making process related to the employment law in UK.
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REFERENCES
Cabrelli, D., 2020. Employment law in context. Oxford University Press.
Craig, P. and De Búrca, G., 2020. EU Law: Text, Cases, and Materials UK Version.
Oxford University Press, USA.
Harrison and et.al., 2018. How Montgomery is reconfiguring consent in the UK. The
Lancet, 392(10142), pp.102-104.
Henderson, R., 2021. The Difference between Civil and Criminal Law. Criminal Law,
Alaska Edition.
Kosti, N., Levi-Faur, D. and Mor, G., 2019. Legislation and regulation: three
analytical distinctions. The theory and practice of legislation. 7(3). pp.169-
178.
Malgieri, G., 2019. Automated decision-making in the EU Member States: The right
to explanation and other “suitable safeguards” in the national
legislations. Computer law & security review. 35(5). p.105327.
Merryman, J.H. and Pérez-Perdomo, R., 2020. The civil law tradition. Stanford
University Press.
PR, S., 2021. Single Source for Laws.
Sorokoletova, M.A. and Kornienko, I.Y., 2021. DISCRIMINATION IN EMPLOYMENT
LAW: LEGAL ASPECT. Annali d’Italia, (19-1), pp.25-27.
Weiner and et.al., 2018. Employment Law Violations. Am. Crim. L. Rev.. 55. p.1049.
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