BSC Business Law Assignment: UK Legal Framework and Employment Law

This assignment, prepared for a Business Law module (BMP4002), analyzes the UK legal system, its classifications, and sources of law, with a specific focus on employment law's impact on commercial organizations. The introduction provides a general overview of the UK legal system, differentiating between public and private law and highlighting the importance of various legislations. The first section defines law within the UK context, classifies laws into civil and criminal categories, and identifies the three legal systems within the UK. The second section explores the hierarchy and characteristics of the principal sources of law, and discusses the impact of these laws on multilingual organizations. The final section focuses on employment law, detailing its features and impact on commercial entities. The analysis covers employment rights, contracts, and the legal obligations of employers and employees, emphasizing fair treatment and work efficiency. The assignment provides a comprehensive overview of the UK legal framework and its implications for businesses, particularly regarding employment regulations.

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
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Please type your answers in the spaces provided.
Insert additional pages where required.
Student Name
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[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).

TABLE OF CONTENTS
INTRODUCTION………………………………………………………………………………..3
1. The UK Classifications of Laws..............................................................................................3
(i) Provide a clear definition of law within UK Context ...........................................................3
(ii) Define and discuss the characteristics of the two main classifications of laws in UK ........3
(iii) Identify the three different Legal systems in UK ................................................................4
2.The UK Source of law..............................................................................................................4
(i) Identify and briefly explain the hierarchy of the principal sources of laws in the English Legal
System .........................................................................................................................................4
(ii) Explain the characteristics of the sources of laws identified above giving examples of each
......................................................................................................................................................4
(iii) Discuss the impact of the respective laws on the multilingual organisation........................5
3. Give examples of how the UK law making process have a direct impact on commercial
organisations focusing on ONE of the below list: ..........................................................................5
Employment law..........................................................................................................................5
CONCLUSION…………………………………………………………………………………….6
REFERENCES…………………………………………………………………………………….7
INTRODUCTION
The UK legal system is unique and complex. The wide range of legislation framework aims to
secure the rights of the individual. Law is defined as the set of rules and regulations that are
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important for the smooth functioning of the country. Law is further categorised into public law and
private law. These laws play pivotal role in establishing relation between the government and the
individual. The private law identifies as an important legislation that creates harmony among the
individual and binds them with certain rights and responsibilities. The law of contract, tort and
employment law are some of the important legislations that comes under the purview of the private
law. Whereas public law secures the right of the public at large such as criminal law of England and
Wales, Administrative law, Tax law etc. This report will analyse the classification of laws and its
impact on commercial organisation. Further, it will cover the various sources of law that contributes
to the growth of the English legal system.
1.0The UK Classifications of Laws
(i) Provide a clear definition of law within UK Context.
Answer 1 (i) In general sense, law is defined as the set of rules and legislation that monitors and
govern the activities of the society (Al-Astewani, 2019). It is quite difficult to define exact meaning
of the term “Law”. Many jurists have given the different meaning to the law and interpretate in the
strict sense. According to Salmond, a famous jurist has defined it as, “Law is a body of principles
that are recognised and used for the administration of justice in a country”. A legislation which is
enacted by the Parliament is used to implement the framework in a country and executive are
responsible for enforcing such laws. It influences the behaviour of an individual and balance the
social and economic policies of the country. The UK common law is based on the principle of
natural justice which is one of the legal principles of law of equity. It provides fair, just, and
reasonable justice system in a country. UK has an independent judiciary body that provides
effective mechanism to promote the general interest of the citizens. The two House of parliament
give consent to the Bill that are made to raise the certain topic of the society that requires attention
of the law-making body to legally formed the legislation to bring peace and harmony among the
people.
(ii) Define and discuss the characteristics of the two main classifications of laws in UK.
Answer 1 (ii) Laws are classified based on their nature, purpose and procedure that are evolved
through different sources of law. The two main classification of law in UK are discussed below:
Civil Law: It is a part of Private law which deals with the right of the individuals. It
mainly covers the areas that deals with the law of tort, family laws, employment laws and land
related matters. It binds the legal obligation on the parties and complies them with certain terms and
condition that are enforceable against each other. The civil liability is raised on the party who fails
to legally comply with the terms of the contract (Haines, 2018). The party can either claim for
compensation or damages for the violation of their right arises through contractual agreement
between the parties.
Criminal Law: This classification of law affects the society at large. The government are
responsible for enforcing the criminal legal system in the society to reduce the crime rate in the
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society. It mainly covers such areas of law including murder, rape, sedition, robbery, dacoity, sexual
activities etc. It provides serious imprisonment along with fine to the offender to deter the society to
not repeat the same offence again (Dobbs and Stefan, 2021). The main objective of criminal justice
system of UK is to protect the citizens from the serious crime against the body, property, and
person.
(iii) Identify the three different Legal systems in UK.
Answer 1 (iii) The UK legal system is not dealing with the single legal system. Instead, they have
three different jurisdictions which comprises of legal system of England and Wales, Scotland, and
Northern Ireland. However, each jurisdiction has their own enforcement body and legal culture that
contribute to impart justice to the citizens. They performed different roles and powers to apply the
statutes and legal principles in their jurisdiction. The distinctive legal system is varied due to its
geographical boundaries and diverse economic culture. The governing structure of the United
Kingdom is unique and independent. The uncodified legislation and unwritten constitution enhance
the scope of its functioning and all the power to legislate the law lies upon the Parliament. UK has
witnessed many constitutional reforms to establish the well settled legal system in the country. In
the year 1973, UK had joined the European Economic Community to incorporate the European
legislation in UK law. It is a signatory authority of multiple Convention that are applicable on the
UK courts.
2.0 The UK Source of law
The UK law is uncodified and based on the legal precedents. The various sources of law such as
Convention, Treaties, custom, statute etc. has greater contribution on the development of English
legal system. The UK law maintains the law and order in the society and governs all the activities of
the nation. The English common law is earlier based on the law of equity. But later, adoption of
several International Convention and agreements leads to enactment of many legislations that
provides the social security and safety to its individual.
(i) Identify and briefly explain the hierarchy of the principal sources of
laws in the English Legal System.
Answer 2 (i) The hierarchy of law is a foundation stone to the rule of law that defines how the
different levels of authority will contribute to enforcing a law to provide justice to the nation. The
primary source of law includes precedents, legislation, case laws, statute, customs etc. whereas,
secondary sources of law are the journals, articles, encyclopaedia that drives through analysing and
evaluating the primary sources (Cook, 2020). The basic element of sources of law is constitution
that is supreme law of land. The unwritten constitution of UK is enforceable and implemented
through various Convention and treaties to secure the fundamental and legal right of an individual.
It outlines the legal obligations and rights of the citizens and established the governing structure in a
country. Another source is International Convention and treaties that defines the relationship
between the multiple nation and manage all the activities between them. It provides legal principles
and provisions in relation to human right, fundamental right of an individual that are important to
maintain their dignity, respect, and integrity in the society.
(ii) Explain the characteristics of the sources of laws identified above
giving examples of each
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Answer 2 (ii) The primary source of law includes Legislation, statutes, case laws and legal
precedents that is defines as the actual law of land. It is official written statements of law that are
issued by the government bodies to maintain peace and security in the society.
The main characteristics of sources of law are explained below:
 The legal principle of English legal system is based on the law of equity that provides fair
and just treatment to its individual.
 It aims to avoid conflict and misunderstanding among the individual and maintain law and
order in the society.
 It secures the fundamental and legal right of an individual and prevent them from all kinds
of exploitation in the society.
 It gives legal remedy to the victim, and they can enforce their right to access
justice by claiming their right before the enforcement bodies.
(iii) Discuss the impact of the respective laws on the multilingual organisation.
Answer 2 (iii) Globalization of economy plays significant role in expanding the business all around
the globe. The dynamic and uncertain business culture creates many barriers for the business
organisation such as language barrier, cultural barrier etc. The multilinguistic organisation helps to
overcome such challenges that arise due to diverse economic culture and language that differ due to
geographical boundaries and territorial jurisdiction (Charlson, 2020). These organisations build
better communication among the different organisation and assist them in their business activities
so that smooth functioning of an organisation can take place in the market. It imparts the knowledge
among the customers in relation to quality of product and create brand image in the market. It plays
pivotal role in establishing brand value in the market among the people who have different language
and culture behaviour. Hover, multi linguistic organisation build string relation among the
businesses and gives them unique identity in the international market. It creates economic growth
and competitive spirit in the global market. The diversified economic culture of UK promotes
multilinguistic organisation so that they can bring harmony and sense of belongingness among its
people where the integrated culture and language are encouraged by the government.
3.0Give 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:
(i) Employment law
Employment law is a comprehensive framework that governs the relationship between the employer
and employee. It provides wide range of legislation that prevent them from all kinds of
discrimination that may take place during employment. It aims to build strong relation among the
employer and employee. Employment law of UK secure the right of its individual and binds them
with the contractual obligation that arise through employment contracts. The employment contract
is a written obligation that are enforceable on the parties and legal comply the with certain terms
and conditions of the contract. However, it protects the legal right of the employee and employer
and improve their work efficiency. It facilitates better communication among them and prevent
conflicts and misunderstanding at workplace. It emphasises mainly on work quality and enhance the
overall growth f the organisation. The success of an organisation depends on its satisfied employees
and employers who contribute their efforts in the productivity and profitability of a business
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(Williams, 2022). They must be equally treated regarding age, holidays, equal pay, minimum wage,
paternity leave etc. The vast legislative framework defines the roles and responsibilities of its
employees and employer that are important for effective functioning of an organisation.
The detailed legislation in relation to employment law are mentioned below:
 Employment Rights Act 1996: It is an amended legislation on the right of the employees
and cover provision of dismissal, right to claim paternity leave, maternity leave, and
redundancy of the employees from their place of employment.
 Equality Act, 2010: it protects the right of the employees from discrimination based on
their caste, sex, origin, sexual orientation etc. It provides fair and equal treatment at
workplace that are relevant to secure their dignity and integrity.
 National Wages Act, 1998: The UK legislation has made separate statutory framework to
address the right of the labour and minimum wages must be allowed to them as per their age
group and working hours spent on the workplace (Lockton and Brown, 2020).
 Part time Worker (prevention of less favourable treatment Regulation) Act, 2000: It
provides the legislation regarding the right of the part time workers and assure them equal
protection at workplace.
However, these important framework safeguards the right of the employees and employers to
satisfies them at place of employment so that they can put their maximum efforts towards the
achievement of organisational goal.
CONCLUSION
It is concluded that the UK legal system is vast and unique that identifies by various sources of law.
The primary and secondary sources of law have major contribution in the English legal system. The
uncodified legislation is based on the judge made law. The UK legal system is based on law of
equity that provides fair and just legal process to its individual. The security and safety of its
individual are the paramount objective of the UK legal system. The detailed legislation on
employment law ensures equal protection to the employer and employees. It improves interaction
among the individual and encourage their effort, made towards the achievement of desired goal of
an organisation.
REFERENCES
Al-Astewani, A., 2019. The Legal Framework for Regulating Shariah Councils in the UK A
Potential Model for Ireland?. In Minority Religions under Irish Law (pp. 193-216). Brill.\ Sharma,
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K., 2019. The Efficacy of Grundnorms in Legal Systems of India and UK: A Comparative
Study. Int'l JL Mgmt. & Human., 2, p.225.
Dobbs, M. and Stefan, O., 2021. EU Soft Law in the UK on the Eve of Brexit:(not) Much Ado
About Nothing?. In EU Soft Law in the Member States: Theoretical Findings and Empirical
Evidence. Hart. Williams, M., 2022. Rule of Law Without a Constitution in the UK. In Judges and
the Language of Law (pp. 141-188). Palgrave Macmillan, Cham.
Dawson, J., 2019. How might Brexit affect human rights in the UK?. Insights, p.22.
Charlson, J., 2020. Briefing: Brexit and UK construction law: past, present and future. Proceedings
of the Institution of Civil Engineers-Management, Procurement and Law, 174(1), pp.3-6.
Haines, A., 2018. UK considers closer links between employment and tax rules. International Tax
Review.
Cook, J., 2020. Citizenship and Flexible Employment: Homeworkers’ and Part-time Workers’
Access to Social Rights in the UK. In Women and Work (pp. 15-35). Routledge.
Land, H. and Lewis, J., 2018. Gender, Care and the Changing Role of the State in the UK.
In Gender, social care and welfare state restructuring in Europe (pp. 51-84). Routledge.
Lockton, D.J. and Brown, T., 2020. Employment Law. Bloomsbury Publishing.
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