BMP4002 Business Law: UK Legal System, Classifications & Employment

This report provides a comprehensive analysis of the UK legal system, beginning with a definition of laws and an identification of the legal systems in the UK. It explains different classifications of law, including civil and criminal law, and details the roles of the High Court and Supreme Court. The report also elucidates the process of making legislation, including delegated legislation. Furthermore, it examines UK law-making processes in the context of employment law, focusing on statutory duties of employers to their employees and actions related to wrongful and unfair dismissal. The document concludes by reinforcing the importance of law in maintaining a systematic approach to legal rules and principles, along with providing rights to health and safety at work.

BSc (Hons) Business Management
BMP4002 Business Law
Assessment 1
Legal System for Business
Law
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Contents
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..........................................................................................................................4
a) Civil Law: ...........................................................................................................................4
b) Criminal Law: ..................................................................................................................4
Explanation of the role of the following Courts in the English Legal system........................4
High Court:.............................................................................................................................4
Supreme Court: .....................................................................................................................5
Explanation of the process of making Legislation.................................................................6
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
Law is command which are being given by the sovereign and the parliamentary
bodies which helps out to manage all the rules and the regulations for the protection of the
people. Their is been laid that in order to manage all the proper frameworks there is implied
to maintain the governance and also to repudiate and analyse the legality of the work. In UK
there is no written constitution and all the behaviour of the people are mainly being addressed
by the command and the role of growth. They manage the rules to be made for the interest of
general public and all for the welfare of the society. Their are so many laws which are being
made in order to manage peace and prosperity(Kammer, 2018). In this report there is being
provided classification of law along with the different functions in court through all statutory
obligation managed in employment act.
Part 1: Classifications of Law
Define laws and identify the respective legal systems in the
UK
Law provides most important part in the society there is analyses in legality and rights
and the implementation of the law are being aligned in order to manage the protection of the
people and also top frame the general analysis with the general aspects. Their is been seen
that all the legal areas are being made in order to frame and manage the society to work
according to the governmental rules and the principles. As there is opted that in UK there are
mainly no written constitution which is being made and it is partly written and not wholly
codified (Hattab, 2018). Their is also seen that the two major legal application used in UK
have the Statutory implicated law with Common law been managed in statutory law comprise
of the laws and the rules which are being made by the legislation and the there are framed
through higher authority and the governmental bodies which mange the basic principles and
the structures,. The common law is majorly all the judge made law in which the judicial
precedence is being laid and it encompasses the work and the altered nature and the
principles. Here all the laws are being made through previous judgments. The two important
houses in the UK are common and also house of lords that enacts with making the laws and
the legal implications.
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Explanation with examples the following as means of
classification of laws in the English Legal system
a) Civil Law:
It provides laws helps out in managing and solving all the disputes in relation to
property and also with general management of the underlining areas and the agreements. All
the civil issues or the case in relation to the property are being taken place in various courts
which are like, Appellate court, county court, supreme court and High court all these deals
with the major issues in the lands and the property other then this any of the agreement which
are being breached in the party are also comprised in it. Various injuries which are being
provided as given in civil law are like injuries, damages, compensation and many more. This
implies to have all the general and the implied nature of working and functionality. All the
jury manage and provides the content to be framed through given verdict. It conveys and
manages all the concerned areas and the property through which they implicate the rules and
the vary nature to be re framed in all the concerned areas (Gentry, 2019).
b) Criminal Law:
All major cases which affects the life and the safety of the individuals are being
concerned in it. Their is being provided that criminal law deals with all the laws and the legal
applications in which crimes are being covered and majorly affect safety and also liberty in
individuals. Murder, rape, assault, man slaughter are some of the kinds of cases in which the
criminal law deals. The courts which provides the major punishment and deals with the
criminal matters are like Queens bench, Divisional bench, Supreme court, Juvenile court,,
high court. The punishments are addressed and given all criminal matters can be fine, death
penalty, life imprisonment and many more. It frames the protection of the people and their
life in general areas and the company(Levick, 2019).
Explanation of the role of the following Courts in the English
Legal system
High Court:
It is most famous court in London it manages also deals with all justice that are being
rendered and helps in promoting the laws and the regulation for the welfare of the society. It
is the Her Majesty Court of England and manages the high values and other important areas
which helps in framing and accompanied all the jurisdiction to be made for the safety and the
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compliance of the individuals. The main aim of the high court is to provide all the
management and the working in such a way that they will eventually maintain the protection
of the society through all the crimes. As in High court some of the main benches and the
division of the courts are being given they are like the chancery court, family court, Queens
bench and many more. All these are underline in high court in order to manage the judgment
and the work to be specified and framed in proper manner. The appeals from all the lower
courts are being dealt by the high court and all the issues and the appeal of the high court are
being made to the supreme court(Drew, 2019).
Supreme Court:
It is the superior court which is also being known as the apex court it carries out
mainly all the appellate jurisdiction and the all the cases which are being made from public
importance and safety. It manages all the criminal and the civil issues to be protected and
applied. This underlines all the judiciary system and also helps to regulate all the justice for
the public safety. The decision which are being given by the supreme court will; be final and
cannot be neglected. This implies to be the judicial precedents in which the main elements
and the law are governed with the general principles. So all the favors are made for the public
safety and morality(Ley, 2018).
Part 2: Source of law
Explanation of Case Law as a source of laws
It is the judicial precedents or the laws which are being made by the judges and helps
in regulating and manner this comprise of all the subsequent cases and the nature of working.
Their is been seen that all the judges when in order to manage the rules and the decisions that
is, all the verdicts which are being given by the superior court will be applied on all
the ,lower court and it will be provided in the law records and the transcripts through which
they maintain the legal application. It helps to provide the customary laws in all the lower and
the inferior courts and this focus on the doctrine of stare decisive where all the case law are
binding within individuals and applied common law for the citizens of UK.
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Explanation of the process of making Legislation
Legislation gives the law framing and managing laws to be complied and managed
according to the general sources. Their is been circulated and managed in both the houses and
that bill will be further undertaken through all the areas in which they manage and frame all
the necessary changes, amendments and the loopholes to be covered so as to manage the
proper drafting of the bill. Once the assent is being given by the monarch then that bill will be
applied on all the individual and will be treated as law(RO 2020).
The meaning and examples of Delegated Legislation
It is mainly shifting of legislation in which subordinate bodies as their regulatory
frame and help in managing the rules and the applicability of principles. It is mainly when all
the laws making powers is being shifted to any other person which can be any expertise or
the other governmental authorities in order to save time and also to manage the delegated
areas for the public importance then this will be amounted to delegated legislation. Some of
the main examples of all such are like council order, parliamentary sovereignty, by-laws and
many more. These are mainly be made for the executive ministers and the other areas through
which the effective recognition of laws are being made(Arkell, Hayley and Downey, 2021).
Part 3: UK law making process: Employment Law
Statutory Duties of Employers to their employees
The employment law 1996 helps in giving and protecting rights of employees and
the employers in the company. Their is been seen that some of the major duties which are
been given to the employers as in context to the employees are like:
 All the employees are needed to be given proper training in order to manage their
personal safety top deal with all the equipment and laps to regulate and manage the
general working an the assigned activities in the workplace to be addressed properly.
 All the leaves, maternity, paternity and the other salary l;eaves are required to b e
given to the employees when needed.
 All the employees should be given the health and hygiene facilities in which their
should be required and manage the medical benefits and the supervision.
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 Working hours of all the employees are managed and being provided to be applied
according to the fair recruitment and facilitates.
Wrongful Dismissal and Unfair Dismissal Actions
The wrongful dismissal are mainly all such removal of the employees from the
company by not giving them the notice. In all company it important to serve the 2 month
notice period before terminating any employees and also to provide the reason for
termination in case when the company fails to do so then this will make the wrongful
termination and also make the employees to get the compensation for all the issues and can
go the court and ask for relief (Anestis, and et.al., 2019).
The unfair dismissal is in which the employers without providing the actual reason to
their person explain and make the termination of the employee. This is mainly all the unfair
removal of the employee from the job which affects their working. This can be asking for
maternity leave, any denial for working and many more. On all such cases the company can
ask for the compensation and also for the damages being framed. They can ask for the loss in
courts.
Conclusion
From this above analysis it is been concluded that law is the important areas in all the
country as this manages the systematic approach in which all the legal rules and the principles
are being made and this also helps in framing the executives and the general working body.
All the criminal law helps in dealing with all the issues for personal management of life
along with liberty of the individuals. Legislation are mainly the made laws in framing the
general rules and the principles. Further it is also concluded that right to health and safety at
work leave are some of the major rights of the employees in the company.
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References
Anestis, and et.al., 2019. Firearm legislation and statewide suicide rates: The moderating role
of household firearm ownership levels. Behavioral sciences & the law, 37(3),
pp.270-280.
Arkell, T.R., Hayley, A.C. and Downey, L.A., 2021. Managing the high: developing
legislation and detection methods for cannabis impairment. Nature Reviews
Neuroscience, 22(9), pp.584-584.
Drew, S., 2019. The High Court considers the scope of the Chorley exception. Precedent
(Sydney, NSW), (153), p.48.
Gentry, L., 2019. Case note: High court confirms priority for employees. Bulletin (Law
Society of South Australia), 41(7), pp.24-25.
Hattab, M.K., 2018. The Doctrine of Legitimate Expectation & Proportionality: A Public
Law Principle Adopted into the Private Law of Employment. Liverpool Law
Review, 39(3), pp.239-264.
Kammer, S.M., 2018. Whether Or Not Special Expertise Is Needed: Anti-Intellectualism, the
Supreme Court, and the Legitimacy of Law. SDL Rev., 63, p.287.
Levick, M., 2019. Kids are different: the United States supreme court reforms youth
sentencing practices for youth prosecuted in the criminal justice system. Juvenile
and family court journal, 70(3), pp.25-44.
Ley, D.J., 2018. The pseudoscience behind public health crisis legislation. Porn Studies, 5(2),
pp.208-212.
RO, E.L.B., 2020 JOURNAL OF BUSINESS AND EMPLOYMENT LAW.
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