BMP4002: UK Law - Impact on Commercial Organizations & Processes

This report provides a comprehensive overview of the UK legal system, beginning with a clear definition of law within the UK context and exploring the two main classifications of laws: primary and secondary legislation, including case law, statutes, legal encyclopedias, parliamentary publications, and textbooks. It identifies the three distinct legal systems in the UK (England and Wales, Northern Ireland, and Scotland) and explains the hierarchy of principal sources of law, discussing the characteristics of each source and their impact on multilingual organizations. The report further examines how the UK law-making process, particularly employment law, directly affects commercial organizations, emphasizing the importance of compliance with legislation to protect employees and ensure a safe working environment, highlighting the role of acts such as the Equality Act and the Companies Act 2006 in regulating business behavior and fostering trust between employers and employees. The document is contributed by a student and is available on Desklib, a platform offering study tools and resources for students.

BSc (HONS) BUSINESS MANAGEMENT WITH
FOUNDATION
SEMESTER ONE EXAMINATION 2021/2022
BUSINESS LAW
MODULE NO: BMP4002
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1.0 The UK Classifications of Laws................................................................................................3
Provide a clear definition of law within UK Context.............................................................3
Define and discuss the characteristics of the two main classifications of laws in UK...........3
Identify the three different Legal systems in UK...................................................................5
2.0 The UK Source of law...............................................................................................................5
Identify and briefly explain the hierarchy of the principal sources of laws in the English Legal
System....................................................................................................................................5
Explain the characteristics of the sources of laws identified above giving examples of each6
Discuss the impact of the respective laws on the multilingual organisation..........................6
3.0 Give examples of how the UK law making process have a direct impact on commercial
organisations focusing on ONE of the below list:...........................................................................7
Explain and give the features of one of the following laws:............................................................7
Employment law.....................................................................................................................7
References........................................................................................................................................7
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1.0 The UK Classifications of Laws
Provide a clear definition of law within UK Context
English legal system has been significantly gone with various forms of evolution which is
wide in nature and is inclusive of various types of laws and rules which mainly govern individual
and organization operating their functions in the United Kingdom (Baker, 2019). It has been
underlined that these are mainly formed by parliament in which in context with UK “parliament
is sovereign”. All the form of laws in the UK legal system are being duly framed by parliament
as they are having supremacy to reject and formulate any form of law. Furthermore some
amendments are also being duly undertaken by the parliament. This makes individual and
organization to have proper understanding of the law and apply all the relevant law in
appropriate manner.
Define and discuss the characteristics of the two main classifications of laws in UK
There are mainly 2 forms of legislations in the United Kingdom which are inclusive of primary
legislation which includes act of parliament or statues. While on the other hand secondary
legislation is also the form of legislation in the UK which include statutory instruments and also
known as regulation codes, rules and orders (Clarkson, Miller and Cross, 2014). Mentioned
below classification of these two are being defined:
Primary sources
It has been underlined that this form of sources mainly inclusive of original contents that
are yet to be used and are still fresh. In context to this in-depth analysis of primary source are
being conducted.
Case law
This is mainly form of judgement that has been duly passed by courts which is inclusive
of principals, decision and issues these are passed by the courts in future on which future cases
required to be decided. This is also defined as doctrine of judicial precedent which duly offers
the future cases a direction to decide according to the previous discussion which include same
facts and issues.
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Legislation
In context to this it has been underlined that House of Commons and House of Lords
present bill(s) present bills in parliament to be elected as an act for the sole purpose as to duly
govern write an individual residing in the society.
Secondary sources
In context this it has been analyse that these are termed as second-hand information and
other than the primary sources.
Legal encyclopaedias
Halsbury's legal book is termed as a most authenticated source which helps to have
proper understanding of the meaning of legal term. Along with this, this form of law of Wales
and England is being commonly trusted encyclopaedia around the globe. This mainly identify
every legal term in an understandable and efficient way.
Parliamentary and non-parliamentary publications:
It has been underlined that parliamentary as well as non-parliamentary publications are the
speeches as well as debates that are mainly in the command paper form is offered by House of
parliament. While on the other hand in context with non-parliamentary publications these are
inclusive of reports that are being offered by the government department or agency and are
present on their official websites.
Law commission
It has been underlined that United Kingdom government in the year 1965 formed a
commission (Strickson and De La Iglesia, 2020). The main aim behind is to undertake review in
order to provide further recommendation to undertake amendments in relation to this judgement
that is being made by them in an unbiased nature.
Textbooks
It is easy manner to have knowledge about different types of legal provisions, as it has
been underlined that textbook language is presented in an understandable way.
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Identify the three different Legal systems in UK
The United Kingdom is having 3 separate legal system for each for England and Wales, north
Ireland and Scotland (Roles of government. 2019). It reflects historical origin as well as the fact
that both Scotland and Ireland and later North Ireland retained their own separate legal system
and traditions under the act of union 1707 and 1800.
2.0 The UK Source of law
Identify and briefly explain the hierarchy of the principal sources of laws in the English Legal
System
The United Kingdom is segregated into 3 main jurisdictions which is England and Wales,
Scotland and north Ireland. Law can be termed as the rules that governs the behaviour of
individual in a civilised society (Partington, 2021). There are different types of sources of laws
which can be defined as primary or secondary. The hierarchy of principal sources of law in the
English leader system are being defined below:
Sources of law may be described as primary or secondary.
Primary source of law are
Legislation
Case law
In context with the primary source of laws, these are inclusive of legalization which include
orders in the council act of parliament or statues and statutory instrument (Knudsen, 2018).
Along with this case laws that has been undertaken according to the higher court decisions is to
be followed is also included in the primary source of law.
Secondary sources of law are
 textbooks and commentaries by legal writers
 the opinions of legal experts, and
 decisions of the courts
Secondary sources of laws are including of the opinion of legal expert textbooks and
commentaries by legal writers and the decision of court (Miller, 2015). All of these are being
treated as persuasively and they can be undertaken into account by a coat in the decision making
however the court is not bound to do so. In addition to this common law and statue common law
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and equity and civil law are also some of the aspects of sources of law (Common law in UK.
2019).
Explain the characteristics of the sources of laws identified above giving examples of each
In context with the primary source of law the characteristics are inclusive of legislation and case
laws. While secondary source of laws include characteristics like opinion of legal expert,
commentary and textbook by legal writers and decision of the court (Craig, 2017). While on the
other hand in terms with common law and statue it include characteristics like laws declared by
the judges and further being derived from precedent and custom.
Discuss the impact of the respective laws on the multilingual organisation
Primary and secondary sources of law are inclusive of various forms of characteristics which
include principles and rules that governs individuals and organization within the country. These
are mainly in written form and are required to be effectively followed (Craig, 2018). In addition
to this it has been underlined that there are different types of laws as well as regulations that are
being implemented by government of the United Kingdom. In the sources of law, all these laws
and legislation have significant impact on organization functioning as these governs company
law, employment law, contract law and many other aspects which have direct as well as indirect
impact on multilingual organization (Horspool and Humphreys, 2012). It is essential for
organization to have proper understanding of the characteristics in the different laws such as civil
law, common law and equity common law and statue and primary and secondary law in order to
conduct their business in a proper legal structure and incorporate. All the laws protect the
company from any legal challenges.
Furthermore it has been underlined that with the help of having efficient understanding of all
the respective laws multilingual organization can operate their roles and responsibilities in proper
legal manner and can assure smooth functioning. This also allow them to have efficient support
from government and have customers trust (Act and House, 2014). With the help of abiding all
the laws organization can undertake any process such as expansion etc, in an easy manner
without any legal complexities. Thus it has been underlined that With the help of having
understanding of different sources of law for example civil law organization can have
understanding of the legal system and types of civil laws such as contract, tort, company law,
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revenue law intellectual property law, media and communication law etc (James, 2016). This
offers them to have business operations according to the legal system.
3.0 Give examples of how the UK law making process have a direct impact on
commercial organisations focusing on ONE of the below list:
Explain and give the features of one of the following laws:
Employment law
The government undertake use of legislation in order to legally regulate business pattern
and behaviour and prevent them from exploiting individuals. In addition to this it has been
underlined that laws protect consumers from businesses as well as employees those who are
working in the organization. Business organization needs to comply with the government
legislation in order to undertake various aspects such as human resource, marketing and sales
product action, manufacturing etc. Employment laws helps to assure that employees in the
business organisations in the United Kingdom have channel through which they can make claim.
All business organizations are legally obliged and have their general duty to implement all the
laws in order to support individuals. In addition to this it has been underlined that business
organization needs to be very clear from consumers employees and stakeholders. This can be
assured with the help of implementation of laws the UK law making process have direct impact
on commercial organization. For example in terms of employment laws it has been underlined
that human labour resource are most essential component of an organization which needs to be
protected. In this company with the help of complying with all the laws under employment law
can provide a safe environment to workers according to the employment act. There are various
forms of laws related to safety, Equality Act etc, which allow organization to have a legal
structure in which employees feel safe and secured to work (Freedland and Dhorajiwala, 2019).
Non compliance of these laws cannot only affect organization employee turnover but can affect
them to face employment law suit. Furthermore it has been underlined that with the help of
adhering to all the legal laws in context with employment law organization can not only reduce
recruitment course but can also have lower staff turnover with productive employees. The United
Kingdom company law duly regulates organization under the Companies Act 2006 and are also
governed by Insolvency Act 1986. This allow organization to conduct their operations
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effectively as with the help of this they can have a trustable relationship with employees which
helps in enhancing workers sense of trust and fairness in their employer. This will also directly
impact organization to have a positive relationship with the government in the country.
Thus according to the above analysis it has been underlined that United Kingdom law
making process have direct impact on commercial organization. With the help of adhering to all
the aspects of employment laws such as employee safety, Equality Act etc. organization can
conduct their operations effectively without any legal complexities and challenges. Negligence
of this can not only affect their employee satisfaction ratio but can also make them to face major
consequences according to the law and lack of consumer trust in the market.
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References
Books and Journals
Act, C. and House, C., 2014. Companies Act 2006.
Baker, J., 2019. Introduction to English Legal History. Oxford University Press.
Clarkson, K.W., Miller, R.L. and Cross, F.B., 2014. Business Law: Texts and Cases. Nelson
Education.
Common law in UK. 2019. [Online]. Available through:
<http://www.courtroomadvice.co.uk/common-law-england.html>.
Craig, P., 2017. Formal and substantive conceptions of the rule of law: an analytical framework.
In The Rule of Law and the Separation of Powers (pp. 95-115). Routledge.
Craig, P.P., 2018. Sovereignty of the United Kingdom parliament after Factortame.
In Constitutional Law (pp. 359-394). Routledge.
Freedland, M. and Dhorajiwala, H., 2019. UK response to new trade Union strategies for new
forms of employment. European Labour Law Journal, 10(3), pp.281-290.
Horspool, M. and Humphreys, M., 2012. European Union Law. Oxford University Press.
James, M., 2016. UK Tax System: an Introduction. Spiramus Press Ltd.
Knudsen, J.S., 2018. Government regulation of international corporate social responsibility in the
US and the UK: How domestic institutions shape mandatory and supportive
initiatives. British Journal of Industrial Relations, 56(1), pp.164-188.
Miller, R.L., 2015. Business Law Today, Standard: Text & Summarized Cases. Nelson
Education.
Partington, M., 2021. Introduction to the English legal system. Oxford University Press.
Roles of government. 2019. [Online]. Available through: <https://www.gov.uk/government/how-
government-works>.
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).
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