BSc Business Management: BMP4002 Assessment 1 - UK Legal System

This report provides a comprehensive overview of the UK legal system, focusing on its classifications, sources, and application to employment law. It begins by defining laws and identifying the UK's legal systems, differentiating between civil and criminal law with examples. The roles of the High Court and Supreme Court are explained, followed by an exploration of case law and legislation as sources of law, including delegated legislation. The report concludes with an examination of UK employment law, detailing statutory duties of employers and actions for wrongful or unfair dismissal. The document emphasizes the importance of these legal frameworks in ensuring fair governance and protecting employee rights. Desklib offers a variety of resources, including similar reports and solved assignments, to aid students in their studies.

BSc (Hons) Business Management
BMP4002 Business Law
Assessment 1
Legal System for Business
Law
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Contents
Introduction 2
Part 1: Classifications of Law
Define laws and identify the respective legal systems in the UK
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Explanation with examples the following as means of classification
of laws in the English Legal system 4-5
a) Civil Law 4
b) Criminal Law 5
Explanation of the role of the following Courts in the English Legal
system 5-6
a) High Court 5
b) Supreme Court 5
Part 2: Source of law 6-7
Explanation of Case Law as a source of laws 6
Explanation of the process of making Legislation 6
The meaning and examples of Delegated Legislation 7
Part 3: UK law making process: Employment Law 7-8
Statutory Duties of Employers to their employees 8
Wrongful Dismissal and Unfair Dismissal Actions
Conclusion 8
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Introduction
Law and order are required to maintain effective governance in the country. As
a result, the need for legislation arose. The legislature is the body whose primary
responsibility it is to create effective laws for the country. Citizens and the government must
abide by the laws enacted by the legislature. Everyone is equal in the eyes of the law,
according to English law. Furthermore, the laws can be amended by the country's legislature.
All of the basic legal laws of the United Kingdom are discussed in this report (Butler, 2021).
This report also explains how the UK legal system works. It also discusses the differences
between civil and criminal law in the United Kingdom. It also goes into detail about how the
UK courts work. It clarifies the powers and duties of the country's civil and criminal courts.
The final section of this report goes over the country's labour laws in greater detail. This also
explains that any aggrieved party in the case can go to court to seek justice. It discusses the
rights and responsibilities of the company's employees and employers.
Part 1: Classifications of Law
Define laws and identify the respective legal systems in the UK
The word legislation is governed by the rules that residents and governmental
agencies of the state must follow. Everyone who lives in the country is required to follow the
laws that apply to them. If someone does not follow the rules, there are penalties and fines as
outlined in the country's laws. The primary laws are the laws created by legislation. This is
because these laws apply to all citizens of the country, regardless of caste, gender, or
economic status. The legislature must take special care when drafting and enforcing laws to
ensure that individual rights are not harmed. There are numerous uncodified laws in the
United Kingdom. This is because they are only partly authored by the house of
representatives (Estlund, 2020). It is necessary to write them completely in order to convert
them into a codified form. Furthermore, there are two types of laws in the country: common
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rules and statutory laws. The common laws are those who have resulted from choices taken in
the country's courts. Common laws are also referred to as judicial precedents. Judicial
precedents are rulings and judgments over a case issued by the nation's supreme and high
courts. Furthermore, statutory laws are those enacted by the legislature through the legislative
process. The law is developed in this manner by following a prescribed procedure in the
country's parliament. The parliament must pass laws which are just and fair to the nation's
population. The rights must be structured in such a way that they do not violate the
fundamental rights of the country's citizens.
Explanation with examples the following as means of classification
of laws in the English Legal system
a) Civil Law: Civil laws seem to be those that do not pertain to crime. It encompasses
civil matters such as land and building, divorce, tort and so on. The settlement to the
aggrieved parties is provided for by civil law. The contract's parties can be two individuals or
two legal entities. It can be one person and one legal entity. It includes issues regarding the
plaintiff party's privileges and breach of the duty. Civil laws also include employment,
contract, and other related laws. High courts, county courts, tribunals, and so on are some of
the courts and tribunals that deal with civil cases. The Supreme Court, as the highest court in
the country, can hear all types of cases, and for both civil as we criminal cases. The plaintiff
is the party who has suffered a loss. The plaintiff files a complaint in the appropriate court
regarding such grievance. The appellant is the person or entity who is responsible for the
plaintiff's team losing. In a court of law, the defendant must prove its innocence (Freedl and,
2020). The court generally grants the aggrieved party specific performance, injunction, or
financial compensation to restore it to its actual position prior to the loss.
b) Criminal Law: The criminal law primarily deals with criminal matters. It specifies
the penalties and punishments for crimes committed by the defendant. The burden of proof is
on the accused to prove his or her naiveté in a criminal court. Criminal law addresses the
crime as a whole, rather than a single person or group. This is because crime affects the entire
society rather than an individual or a crime organization. The state's primary goal in
developing criminal law is to reduce crime in society. It also ensures that the country's rule of
law are upheld by punishing offenders who commit heinous acts. The person who commits
the crime is referred to as the criminal or offender in that particular case. Rape, murder,
assault, thievery, robbery, and other crimes are defined by criminal law. The Supreme Court,
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High Court, divisional courts, and some specific courts as prescribed by law are the courts
that deal with criminal cases (Graw, et.al., 2019).
Explanation of the role of the following Courts in the English Legal
system
a) High Court: Her Grandness Court of England is another name for the High Court.
This is the state's second level of court. The court is critical in delivering justice to the
innocent party in a case. In the hierarchy, the high court is just below the supreme
court. The decisions of the country's higher courts are binding on the lower courts.
Every district and session court in the country is required to follow the decisions of
the country's high courts and Supreme Court. The high court hears the most important
cases, which primarily concern the parties' rights and duties. It also addresses issues in
which subordinate courts have failed to provide justice. In addition, matters involving
monetary limits are heard in the high court. Any judgement relating to this can be
appealed to the country's Supreme Court (James and Thomas, 2020).
b) Supreme Court: The Supreme Court is also known as the country's highest
court. It is the country's highest court. It is in charge of delivering justice to the
country. In general, it renders decisions of national and public importance. These
issues have an impact on the present and future of society because they shape it in a
certain way. All appeals from the country's lower courts can be heard by the Supreme
Court. There are also cases filed in the country's highest court that call the constitution
into question (Mangan, 2020).
Part 2: Source of law
Explanation of Case Law as a source of laws
The main source of the country's common law is the decisions of the high court or the
supreme court. Judicial precedents are case laws that are issued by courts when they render a
decision in a case. Subordinate courts are required to follow prosecutorial binding precedent.
The exception to following judicial precedent is that the subordinate court must only obey
judicial precedents if the statistics and time of the particular instance are the same in the
expected to deal case of the lower court (Miller, 2021). It is founded on the presumption of
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judicial precedent, which asserts that when delivering a judgement on a similar matter in a
case, the lower courts must consider the judgments of the higher courts.
Explanation of the process of making Legislation
In the United Kingdom, legislation is a primary source of law. The legislative process
is extremely complex. To create a just and accurate law for the country, the legislature
requires a number of skilled and specialised individuals. There are several stages to the
legislative process. The House of Lords and the House of People are the two legislative
houses in the United Kingdom (Scott-Patel, 2019). The House of Lords is the upper house of
parliament, and the House of Commons is the lower house. The first stage is when a member
of parliament introduces the draught. The second step begins when the members of
parliament begin debating such a draught. In this step, the member discusses the draught, and
the associate of parliament discovers the title and body of the draught. The third and final
step is when the draught receives Royal Assent. The royal assent makes the draught law.
Finally, once such royal assent is granted to the draught, it becomes relevant to the subject of
the country.
The meaning and examples of Delegated Legislation
When the higher authority delegated power to the lower authority, this is referred to as
representative legislation. Such authority is delegated by the higher authority in order to carry
out the laws of the country. The primary goal of delegation is to reduce the burden of high
control.
Part 3: UK law making process: Employment Law
Statutory Duties of Employers to their employees
According to the Employment Act of 1996, the employer has several responsibilities
to its employees. The following are some of the responsibilities of employers:-
 Employees should receive appropriate training.
 The salary must be paid in accordance with the country's National Minimum Wage
Act.
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 Employees must not be discriminated against because of their caste, religion, grace, or
any other factor.
 The company should provide a safe and healthy work environment for the employees.
Wrongful Dismissal and Unfair Dismissal Actions
When a leader dismisses a worker without giving the employee adequate notice, this is
referred to as wrong dismissal. Unfair dismissal occurs when an employee is fired by his or
her employer for no legitimate and just reason. In both cases, the employee has the right to
sue the employer for reinstatement. The employee can go to court to assert his or her legal
rights under the country's labour laws (Wevers, 2021).
Conclusion
From the above report, it has been concluded that the legislature, employment laws,
and delegation of powers are all necessary. Employment laws are in place to protect
employees. The delegation of authority relieves the higher authority of the additional burden.
Furthermore, the employer is required to fulfil its obligations to its employees in accordance
with the country's labour laws.
REFERENCE
Butler, S., 2021. Uber drivers entitled to workers’ rights, UK supreme court rules. The
Guardian, 19.
Estlund, C., 2020. Individual employee rights at work. In Comparative employment relations
in the global economy (pp. 191-214). Routledge.
Freedland, M., 2020. Employment Law Revisited. Dalhousie LJ, 43, p.515.
Graw, S., et.al., 2019. Understanding business law. LexisNexis Butterworths.
James, N. and Thomas, T., 2020. Business law. John Wiley & Sons.
Mangan, D., 2020. Freedom and Dignity in the UK workplace. Italian Labour Law e-
Journal, 13(2), pp.35-49.
Miller, R.L., 2021. Business Law Today, the Essentials: Text and Summarized Cases.
Cengage learning.
Scott-Patel, K., 2019. UK Employment Law-A Good Plan for Workers?. Int'l. In-House
Counsel J., 12, p.1.
Wevers, H., 2021. A Basic Guide to International Business Law. Routledge.
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