BMP4002 Business Law Assessment 1: Analysis of the UK Legal System

This report provides an analysis of the UK legal system for business law, covering classifications of law such as civil and criminal law, sources of law including case law and legislation, and UK employment law. It explains the roles of the High Court and Supreme Court, the process of making legislation, and delegated legislation. The report also details statutory duties of employers to their employees, and actions related to wrongful and unfair dismissal. It provides a comprehensive overview of the legal framework governing business operations in the UK.

Business Management
BMP4002 Business Law
Assessment 1
Legal System for Business
Law
1

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
Part 2: Source of law..................................................................................................................5
Explanation of Case Law as a source of laws ....................................................................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
2

Introduction
Business law implements all the commercial practises through corporate finance and
the ordinance, in which the transactions and the mutual agreements are made in the
organisation as through all the mercantile and the general company adherence. It considers to
have conventions, agreements and all the applicability of the norms that contemplates to
manage law. All the international and the national alliance which manage the commercial
activities through legal applications are governed in it. Some important business law are IPR,
Company law, Contract law etc. UK have the unwritten constitution in which it comprised of
statutory and the common law that follow up the legislation for the individuals safety and the
public importance(Ciepley, 2019).This report will elaborate the classification with their legal
system. With the relevant sources of law which are criminal, civil law and will further
provide the statutory obligation of employment law with termination principles.
Part 1: Classifications of Law
Define laws and identify the respective legal systems in the UK
Law is legal system of rules in particular region or country which provides the
regulatory actions made by the higher authorities and the members who have the power to
enforce law and their procedural approach on the society. This can also be said as the
statements which are being made from the facts and the observation in order to make the
commands for the welfare of the people and the societal enlistments. They are all the
regulations of government enforced by court with their relationship and the conducts towards
the subjects herewith helps of legislature (Cohen, 2020). In UK there are Statutory law which
is made by the legislation through house of common and house of lords here the higher
authority will have the power to make the law and they amend and introduce it through
different bills. These are the case laws made by the judges for the safety and compliance of
the society, they are made by the decision which are made by judiciary. All such decisions
are majorly be imposed as of binding nature. Law in UK is conditioned 6through effective
nature and management of systematic rule and principals.
3

Explanation with examples the following as means of classification
of laws in the English Legal system
a) Civil Law:
All such laws which aims to manage the disputes of the organization and the
individuals are considered in it. These are concerned with the property raised by the
individual and the issues being faced in relation to the fair working in company or in
agreements framed between them. In this all the defendant will be having the duty to take
care while performing any act. Here no breach h in the rights and the regulations are can be
imposed. These are filed between the private parties and also award compensation as an
adequate relief to the claimant. Any of the party can comply and make appeal in civil cases.
Some of the main issues that can be seen are like personal injury, family disputes,
employment treated matters, breach in contract and so on. The courts which have the power
to deal with all such matters are like county court, family court, high court and Apex court
(Chan and Selden, 2019).
b) Criminal Law:
The issues and the offenses which are being undertaken in order to remove the reach
and also all the negative impacts in the society are provided. Some of the major laws, rules
and the implementation of all such legal matters through which public safety is undertaken.
This law deters the offender and also the society in which the offenses are being taken. Their
main aim is to manage stability bin the society and also to take such decisions in which all the
protection of the person with their safety compliance id managed. There involves some of the
major courts which deals with the criminal disputes they are like the crown court, juvenile,
divisional bench, high court and supreme court. Some pf the cases which are seen in the
criminal law are like murder, fraud, sexual assault,drugs and many more. The individuals
who are not being satisfied by the judgment can go to the higher courts for
appeal(Dato’Dahaman Dahlan and BtNawawi, 2018).
4

Explanation of the role of the following Courts in the English Legal
system
High Court:
A well known Her Majesty's court in England which is regulated though appellate
court and the crown court. This manages all the jurisdiction in which all the civil and the
criminal matters are being undertaken. HC complies to have so many division in which the
family court, crown court, divisional bench are all being applied. The three important courts
in it are Queens bench, chancery division. all the high court maintain the proceeding by the
single judge in which all the applied laws and their adhere principles are taken in record. All
the high court are bended by their own decision making and it provides the appeals and the
divisional areas by which the hearing of the proceeding are made and the appeals that are
being inflicted and made in the high court will be re-heard by the supreme court as for the
final hearing and judgement(Carrigan and Radan, 2020).
Supreme Court:
This is the top most and the fully functional perceiving high authority court which
contemplates and provides the judicial system. It involves all the judgements which are been
drawn in it as final and foremost. It contemplates to maintain the national importance and
work for giving all such judgements which are important for the morality and the public
safety alliance. This also provide the constitutional matters in which the observance and the
functional areas with the working is applied. Supreme court analyse and record all the
material facts, evidence collected and the details to be recorded as under the compliance and
function. Once the decision is given then it will be binding on all(Eldridge, 2018).
Part 2: Source of law
Explanation of Case Law as a source of laws
This is an applicability of precedents in which all the constitutional matters are being
given and implied with the decisions that are drawn by the judges. It involves all the material
facts and the judgments raised through constitutionality and the applicable areas. This is
mainly when the judges get the case and issues inform of them they try to manage and
5

provide the judgment by collecting all the material facts and the evidence which are being
drawn by the parties. Once all the facts and the nature is being covered there is made an
effective judgments which will be biding by all the parties. All such issues will be applied in
the form of law reports and they judicial interpretations which provides all the statutory law
and their applied executive methods and the working. This is generally form on the doctrine
of stare decisive where all the decision making will be binding on the parties. It formulates
the adjudications and the common law system in UK(Fishburn, 2019).
Explanation of the process of making Legislation
The law making power in UK is being given to all the higher authorities which
manages all the effective principles and the regulations with which the public safety is
managed. As in legislation there are two important houses which are commons and lords in
order to make the established rules they introduce the bill which will; be reported with
several stages and all such will cover various reading areas. The introduction of bill and the
assent will be taken in the initial readings where voting can be made by the parties. After this
the necessary amendments and the changes are drawn as to apply and cover all the loopholes
in the bill. Once when all such stages are being passed then this will make them to pass the
bill for final assent in which royal assent is being taken any monarch top make the law
applied on citizens of UK (Bennett, 2020).
The meaning and examples of Delegated Legislation
This is mainly the subordinate legislation in which all the laws and the legislative
principles through which the applied parliamentary scrutiny and the basic adaptive law
making is generated. Their is been seen that in delegated legislation all the law making
powers are being given in the hand of subordinates or the ministers which manages the law
top be imposed properly. It helps in maintaining all the expertise knowledge and the working
through which the laws are being made. As the delegation of power is generally being applied
in order to manage the time saving and also to apply the implementation of powers in the
basic areas and ways. It provides the statutory instruments by which all the addressable of the
power can be applied in the subordinate areas and framework.
6

Part 3: UK law making process: Employment Law
Statutory Duties of Employers to their employees
In all the company there is given the protection of major rights of the employees and
the employers in which the employment law act 1996 is being framed through which all the
general rules and the principles are being undertaken so as to make the effective functioning
some of the main rights given to the employees are like:
 The training and development are required to be given to the employees through
which no miss happening or the accidents can be seen in the company. As all the
employees who are working with heavy equipment are needed to have the guidance
and well managed training to maintain work(Florczak, 2020).
 All the health and the safety rules are need to be managed through which the
protection of the employees are managed.
 The maternity, paternity, sick leave arch needed to be given through which they can
apply and regulations and the effective law making principles.
 All the employees ware required to be treated in equal manner their should not be any
discrimination on the basis of genders, sex, race etc.
Wrongful Dismissal and Unfair Dismissal Actions
Wrongful dismissal is mainly the breakage in the employees contract or any of the
discrimination which is been seen in the agreements or the work though all general areas and
the dismissal process. Their is been analyses that in all the company it is the right of the
employees to maintain notice which is required to be given in order to manage all the law
making principles. As in all such cases where the employees are terminated through wrongful
dismissal without giving the notice that are required to be served will be farmed under this. In
all such cases the employees will have the rights to go to the employment tribunals and ask
for the damages(Baker, 2019).
Unfair dismissal is the removal of all the employees from the company through unfair
means in which no explanation or the details are being given and there is m,made that the
employees are removed without serving them, the adequate reason. Some of the examples are
like asking for the maternity leave, joining trade unions and so on. In all such cases the
employees have the right to go to the tribunal and ask for the compensation.
7

Conclusion
The above report concludes that business law is the most important by area which
helps in managing all the principles and the working functions thorough which the
commercial agreements and the functionality can be maintained. Their is analysed that
sources of law provides statutory law and common law in which the case laws implements all
the judges made law and the judicial precedents. It is also summarised that employment law
have some statutory obligation which are like the training and development, health and safety
measures, all the effective. Unfair dismissal applies all the termination of the employees
through unfair practises and means.
References
Baker, C.M., 2019. Incomplete Clearinghouse Mandates. American Business Law Journal,
56(3), pp.507-581.
Bennett, C., 2020. Employment Law changes for agency workers. BDJ In Practice, 33(3),
pp.31-31.
Carrigan, F. and Radan, P., 2020. The Post-Employment Restraint of Trade Doctrine: A
Critical History. King's Law Journal, 31(1), pp.121-144.
Chan, J. and Selden, M., 2019. Labor legislation, workers, and the Chinese state. In
Handbook of Protest and Resistance in China. Edward Elgar Publishing.
Ciepley, D., 2019. Can corporations be held to the public interest, or even to the law?.
Journal of business ethics, 154(4), pp.1003-1018.
Cohen, M., 2020. Doing business abroad: a review of selected recent Canadian case-studies
on corporate accountability for foreign human rights violations. The International
Journal of Human Rights, 24(10), pp.1499-1514.
Dato’Dahaman Dahlan, M.A.B. and BtNawawi, K., 2018. The Matrimonial Property: Causes
of Claim and Distribution Rate in the Alor Setar Syariah High Court. Indian Journal
of Public Health Research & Development, 9(11).
Eldridge, J., 2018. The New Law of Penalties: Mapping the Terrain. Journal of Business
Law, 8, pp.637-651.
Fishburn, T., 2019. Privilege:'Paradise lost': Glencore loses high court bid to extend legal
professional privilege. LSJ: Law Society of NSW Journal, (59), pp.90-91.
Florczak, I., 2020. Precarious Employment V. Atypical Employment in the EU. In New
Forms of Employment (pp. 203-214). Springer VS, Wiesbaden.
8

9