BMP4002 Business Law: Analysis of UK Legal System & Employment Laws

This report provides a comprehensive overview of business law within the UK legal system, covering various aspects such as the classification of law, sources of law, and UK law-making processes, particularly in the context of employment law. It begins by defining laws and identifying the legal systems in the UK, further explaining the classification of laws in the English legal system with examples of civil and criminal law, and the roles of different courts like the High Court and Supreme Court. The report then delves into the sources of law, explaining case law, the process of making legislation, and delegated legislation. Finally, it focuses on UK employment law, outlining the statutory duties of employers to their employees and explaining the concepts of wrongful dismissal and unfair dismissal actions. The report concludes by emphasizing the importance of understanding these legal aspects for businesses operating within the UK.

BMP4002 Business Law

Table of Contents
INTRODUCTION...........................................................................................................................3
PART 1: Classification of law.........................................................................................................3
Defining laws and identifying legal systems in UK....................................................................3
Explaining with examples the classification of laws in English legal system.............................3
Explaining the role of courts in English Legal System ...............................................................4
PART 2: Source of law....................................................................................................................4
Explaining case law ....................................................................................................................4
Explaining the process of making legislation..............................................................................5
Evaluating meaning and example of delegated Legislation........................................................5
PART 3: UK Law making process: employment law.....................................................................6
Statutory duties of employers to their employees........................................................................6
Explaining wrongful dismissal and unfair Dismissal actions......................................................7
CONCLUSION................................................................................................................................7
REFERENCES................................................................................................................................1

INTRODUCTION
Business law is basically known as the commercial law that is the body applies to the
rights and conduct the person that is engaged in commerce, trading and sales. The current report
is based on the business and different other laws that are important in organization this report
will outline the meaning and laws and legal system in UK. Further this report will put focus on
the civil and criminal laws and different courts in English Legal system. Moreover, in another
part this report will outline the meaning of case laws, process of making legislation and meaning
of delegated legislation. In the last part this report statutory duties and meaning of wrongful
dismissal.
PART 1: Classification of law
Defining laws and identifying legal systems in UK
Law is the rules and regulations that is established in community by the people who used
to have authority. This can be in form of legislation or policies that is basically enforced by
judicial decision. This is the written or positive rule that is made under the authority of any
nation by having people in the constitution (Ferrer‐i‐Cancho and Vitevitch, 2018). It is
considered as one of the best system in order to have the better collection of the rules and
regulations in the market.
Legal system in UK used to operate in Common Law system that used to combine the
passing of legislation with the creation of precedents by having the case laws. These laws are
made by the passing the bill in the legislation that basically consists of Monarch that is House of
Commons and House of Lords (Rakoff and Goldstein, 2022). There are three legal system
followed in the UK that is for England and Wales, Scotland and Northern Ireland. The House of
Common and Lords are directly elected by the person and Prime Minister. By this it helps the
country to make the proper laws and run the community nicely.
Explaining with examples the classification of laws in English legal system
A) Civil law: The civil law used to deal with the conflicts between the individuals or
companies. This type of laws used to involve the compensation or have the agreements in order
to make the judgements. The civil cases are basically filed by the private parties in order to fight
against the misshapenness happened to them (Atkin, 2021). This types of laws do not deal with
the crimes and supports the organizations or individuals to solve the conflicts nicely. This is the
section of law that helps to have better dealing of the individuals in the market. It used to cover

such areas that helps the organizations to resolve the conflicts properly. For example,
defamation, breach of contract, property damage are included in Civil Law.
B) Criminal law: This is one of the law that is basically enforced by the Police which
includes the cases like murder, rape, robbery, assault, etc. These can be some criminal cases that
are dealt under the criminal laws in English legal system (Qayum, Mehmood and Hussain,
2021). The offences that are committed with any individual but can be seen against everybody
was not covered under this law. The person can be punished with imprisonment or fine or with
both. For example, Mr A has done the murder of Mr B, so Mr A will be punished under the
criminal law and will have imprisonment for some years.
Explaining the role of courts in English Legal System
A) High court: The High court is one of the highest court in the UK as it used to deals
with the civil cases and have appeals in decisions made in the lower courts. The main role of this
court is to deal with the arbitration cases, tax laws, company law, copyright, criminal law,
property law, trade practices, etc. Most of the work done in this court is on the hearing basis by
having appeals against the decisions of the different other courts (Nelson and Gibson, 2019).
This court helps to decide the special federal cases that includes the challenges to the
constitutional laws. The another role of the high court is to apply and interpret the law of
Australia to make better decisions.
B) Supreme court: The supreme court is the final court of appeal that is for all United
Kingdom criminal and civil cases that are from England and Wales, Scotland and Northern
Ireland (Grove, 2019). This court used to listen the appeals on the arguable points that is for the
public importance. The supreme court can also exercise the original jurisdiction by having
respect to have the enforcement of the fundamental rights. This court role is to deal with the
importance and rights of the public that makes them feel safe in their country.
PART 2: Source of law
Explaining case law
The case laws are defined as the judicial decisions that are based on the regulations,
constitutions and statutes. This used to concerns with the unique conflicts resolved by the courts
by using the concrete facts and case. It is very important to have the case law in the common
Law jurisdiction. When the judges have to make the decisions on the same matters as they used
to follow the same decision as make earlier on the same case (Bravo-Hurtado and van Rhee,

2021). This is basically related with the principle of stare decisis that is same decision is taken
for the same happening of the case earlier.
The case law used to provide the record as to set the larger disagreements and disputes of
the guideline and provides guidance as how to apply such on the another case. The laws that has
been established by the earlier decisions that was made by the judges in the previous same case.
This used to save the time of the courts and helps them to have better functioning in the market.
By this it used to create the uniformity and certainty in the administration of the justice. The
same decisions are applied in the same happening of the case. The case laws incudes the criminal
cases, civil cases and family cases.
Explaining the process of making legislation
Making a legislation or passing the same is considered to a very tedious and important
part of a law system in the UK. There are two houses from which the bill passes through, first is
the house of lords and second is the house of commons (Holland, Lindop and Abdul Wahab,
2022). Both houses as pre-defined stages of the debate, discussion and decision-making which
makes it very crucial and critical. As the bill or legislation is well discussed, examined and states
several changes if necessary in the draft of the bill.
Both the houses gives the member of the parliament opportunity to thoroughly debate and
in depth discuss draft of the bill and in case there is a point which ned to be modified then same
is done by the houses. And again it passes through both the houses in order to discuss the
modification which is made. Both the houses carry the responsibility of thoroughly discussing
the draft of the legislation (Dhar, 2022).
It is mandatory for both a legislation to be agreed upon by both the houses of commons
and lords. Both houses unanimously agree upon the final draft or text of the bill before it can be
signed by the due respectable monarch. This is the way through which a legislation is passed and
it becomes an act in the eyes of the parliament in law.
Evaluating meaning and example of delegated Legislation
Delegated legislation refers to the exercising the legislative power by the agent who is
basically lower in the rank to legislation. As the process of making the legislation is very lengthy
as the important decisions are made in order to run the country so delegation of legislation is
done. The legislation is basically set of laws that has been passed by the Parliament of the
country. This is the type of legislation that is not directly made under the act passed by

Parliament but under the authority of the Parliament Act. By this it reduces the workload of the
parliament.
For example: Lets say they are given the power to make the rules and laws regarding the small
issues which is popularly known as the public utility authorities for water, light, parking, etc. as
this can rightfully delegate the workload of the houses and commands an immediate law. Yet
these by laws are subject to the judicial review which is mandatory for each such laws to be
made. It helps in regulating the easy working in the economy without bothering the high powers
with small issues.
PART 3: UK Law making process: employment law
Statutory duties of employers to their employees
The relationship of the employers and employees must be very positive as this helps them
to have better following of the duties while working in the organization (Weinshall, Sommer and
Ritov, 2018). There are several duties that the employers must have towards their employees that
is described below:
1. Employer duty if to allow the paid leaves to the employees in the workplace.
2. There duty is to pay the salary without having any discrimination in the
organization.
3. Duty is to pay gratuity to any of the employee who has given his services for five
years.
4. They must also maintain the provident fund to the employees and make them
available at their time of leaving or at retirement (Shaw and Norman, 2020).
5. Employers must also provide the basic amenities to the employees that includes
the rest rooms, canteen, drinking water, etc.
6. If there are women employees so the employers must provide them the safe
working environment and better awareness programmes for them.
These are some statutory duties that must be followed by employers to their employees
that helps them to have better productivity and retention of employees. By this company can
work in the better way if they are provided with the basic need in the organization.

Explaining wrongful dismissal and unfair Dismissal actions
Wrongful Dismissal: it is defined as the act of making someone disposable for the
reason which are just illegal. The employers are sued for having the wrongful dismissal in the
company. It is the situation in which the employees contract of employment is been terminated
by the employer. The laws used to govern such dismissal is used to changes according to the
terms of employment contract (Estlund, 2022). There are some conditions that the employer does
not terminate their employees that is on the basis of discrimination, retaliation, etc. If the
employers has done the termination of such employees that this will be treated as wrongful
dismissal.
Unfair dismissal actions: This is the situation in which the employer terminates the
employees of their employee on the unfair basis by taking any harsh and indistinct or without
any reason. In this situation the employer does not have any valid reason or ground in order to
dismiss the employee from the organization (Freyens and Gong, 2020). This is very wrong
practice followed by them as this may affect the working of the employees in their life. This
action used to differ from company to company and situation to situation. It is very important for
the company to have the fair dismissal to every employees as this helps them to do better in their
near future.
CONCLUSION
From the above report it is concluded about the importance of having and following the
laws. The report has evaluated about the classification of the laws by defining the meaning of
law and legal system in UK. Further the report has identifies about the meaning of civil and
criminal law in the English Legal system. Moreover, this report has also explained about the role
of high court and supreme court in english system that helps to have better growth in the country.
In another part the report has explained about case laws, process of making legislation and
delegated legislation in English Legal system. At last the report has evaluated about the statutory
duties of employers to employees and meaning of wrongful dismissal and unfair dismissal
actions.

REFERENCES
Books and journals
Atkin, B., 2021. Family violence and the civil law/criminal law interplay-some
reflections. Victoria University of Wellington Law Review. 52(4). pp.671-687.
Bravo-Hurtado, P. and van Rhee, C. H., 2021. Supreme courts under pressure. Springer
International Publishing.
Dhar, R., 2022. Constitutionality of Delegated Legislation: A Comparative Study of USA, UK,
and India. Issue 1 Int'l JL Mgmt. & Human.. 5. p.845.
Estlund, C., 2022. Wrongful discharge law in the land of employment-at-will: A US perspective
on unjust dismissal. King's Law Journal. pp.1-20.
Ferrer‐i‐Cancho, R. and Vitevitch, M. S., 2018. The origins of Zipf's meaning‐frequency
law. Journal of the Association for Information Science and Technology. 69(11).
pp.1369-1379.
Freyens, B. P. and Gong, X., 2020. Judicial arbitration of unfair dismissal cases: The role of peer
effects. International Review of Law and Economics. 64. p.105947.
Grove, T. L., 2019. The Supreme Court's Legitimacy Dilemma. The Supreme Court’s Legitimacy
Dilemma, 132.
Holland, K., Lindop, S. and Abdul Wahab, N.S., 2022. How do managers and shareholders
respond to taxation? An analysis of the introduction of the UK real estate investment
trust legislation. Abacus. 58(2). pp.334-364.
Nelson, M. J. and Gibson, J. L., 2019. How does hyperpoliticized rhetoric affect the US
Supreme court’s legitimacy?. The Journal of Politics. 81(4). pp.1512-1516.
Qayum, S., Mehmood, M.I. and Hussain, S., 2021. Review of Doctrine of Estoppel as
Substantive Rule of Law and Its Application in Civil and Criminal Law. Pakistan
Journal of Criminology 13(3).
Rakoff, J. S. and Goldstein, H. W., 2022. RICO: Civil and Criminal Law and Strategy. Law
Journal Press.
Shaw, D. and Norman, W. V., 2020. When there are no abortion laws: a case study of
Canada. Best practice & research Clinical obstetrics & gynaecology. 62. pp.49-62.
Weinshall, K., Sommer, U. and Ritov, Y.A., 2018. Ideological influences on governance and
regulation: The comparative case of supreme courts. Regulation & Governance. 12(3).
pp.334-352.
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