BMP4002 Business Law: Legal System Analysis and Employment Law

This report provides a detailed analysis of the UK legal system for business, covering classifications of law (civil and criminal), the roles of the High Court and Supreme Court, and sources of law, including case law and legislation. It explains the legislative process and delegated legislation, and it delves into UK employment law, outlining statutory duties of employers and addressing wrongful and unfair dismissal actions. The report aims to provide a comprehensive understanding of the legal framework governing business operations in the UK. Desklib is a platform where students can find similar solved assignments and study resources.

Business Management
BMP4002 Business Law
Assessment 1
Legal System for Business
Law
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Contents
Introduction 2
Part 1: Classifications of Law 2-2
Define laws and identify the respective legal systems in the UK
2
Explanation with examples the following as means of classification
of laws in the English Legal system 2-3
a) Civil Law 3
b) Criminal Law 3
Explanation of the role of the following Courts in the English Legal
system 3-p
a) High Court 3
b) Supreme Court 4
Part 2: Source of law 4-5
Explanation of Case Law as a source of laws 4
Explanation of the process of making Legislation 4
The meaning and examples of Delegated Legislation 5
Part 3: UK law making process: Employment Law 5-6
Statutory Duties of Employers to their employees 5
Wrongful Dismissal and Unfair Dismissal Actions 6
Conclusion 7
Reference 8
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Introduction
Business legislation can be referred to as the commercial practice which is engaged in
evaluating the private as well as public law so that the systematic approach can be managed.
It is considered as one of the effective way to manage the businesses by way of
implementation of the rules and regulations so that there is generation of revenue as well
profitability in a legitimate manner. The main source of business law includes agreements,
treaties, conventions, norms and many others. It also comprises of the regulations which
helps in ensuring the smooth functioning and operations of the firm (Simbolon, 2019). This
report is based on law of business which includes classification of law in legal system of UK,
role of courts in legal system, sources of law, process of making legislation as well as
overview of employment law.
Part 1: Classifications of Law
Define laws and identify the respective legal systems in the UK
Law can be defined as the set of norms and regulations which regulates the businesses. It also
comprises of principle and command of the principles which are mainly made by the high
authorities as well as government by way of Parliamentary process. It imposes the legal
binding agreement for all the individuals as well as society members. Parliament is the
supreme law making authority which has power to enact the laws for regulating the
businesses as well as society together with directions in order to manage the work and also
includes duties which may be channelized. The legal system of UK comprises of the
legislation, executive as well as judiciary wherein the legislative body, namely Parliament has
the power of making the legislations, the executive enforces the law and the judiciary applies
the legislation and punishes the wrongdoer (Walker, Pekmezovic and Walker, 2019). There is
no written Constitution in UK and the constitutional rights are enacted in the Acts such as
Human Rights Act, 1998, etc. The judicial body also enacts the laws which comes from the
cases and is known as common law and it has same relevancy as that of the statutory law.
Explanation with examples the following as means of classification
of laws in the English Legal system
a) Civil Law:
This legislation mainly applies to the suits which are held between the private individuals and
mainly relates to the disputes which involves property and some general rights which are
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considered by the individual in respect of settlement of the property and related to businesses.
It includes County court, family court, High court as well as the Supreme Court. It also deals
with the contracts that are being made between two individuals, businesses and even between
individual and businesses. It regulates the breach of contract, termination of it, matters related
to property, personal harm and injury , employment law, etc. This law includes various
remedies which can be claimed by the injured party which includes damages, compensation,
fine, injunction and many others. Moreover, this law involves onus of proof which is on the
injured party and it is in accordance with the probability balance that is seen between the
people as well as their working conditions (Clevenger and MacGregor, 2019).
b) Criminal Law:
This legislation is aimed to protect the rights of the people as well as comprises of the safety
measures by which there is no humiliation and the different kinds of illegal activities which
can harm the society and take place in it. It is mainly enforced in the judicial system which
includes Crown court, Magistrate court, Juvenile court, High court and the Supreme court of
UK. These court takes the charge of the offences which has been committed by the accused
and punishes it so that justice can be rendered. All the offences are being managed by these
court and there is a hierarchy of courts and the offences are dealt as per it. For instance, the
Magistrate court deals with minor criminal offence, Crown deals with major offences,
followed by High court wherein appeals are taken and lastly the Supreme court which is the
last resort to resolve any dispute. The criminal mainly deals with offences such as theft, rape,
murder, drugs, criminal intimidation and many others. There are different sentences which
are imposed under this law such as life imprisonment, death penalty, fine and many more.
The burden of proof mainly lies beyond the reasonable doubt and the accused has the proof
that it is not guilty.
Explanation of the role of the following Courts in the English Legal
system
a) High Court:
It is regarded as the second highest appeal court in the England wherein all the civil, criminal
and other disputes such as family or matrimonial matters are dealt. It also manages the
agreements which are binding on the parties which include the subordinate court together
with divisions of many other courts (Hansen, Rutt and Acheampong, 2018). There are three
essential divisions which are managed by the High Court which includes Family Division,
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Queens bench as well as Chancery court. The Queen ’s Bench involves the single judge and
the Divisional bench comprises of two or more judges. The High Court is involved in looking
at the appeals that are sent from the subordinate court. All the appeals from subordinate
courts such as magistrate or Crown Court, County court etc. are initially being sent to the
High Court by the application of aggrieved party. Then if the party is not satisfied from the
decision of High Court, the last appeal can be moved towards the Supreme Court of UK.
b) Supreme Court:
This is considered as the final court of the appeal wherein all the criminal as well as civil
matters are being made. This simply shows the final judgment in which equality, justice and
many other focused area are considered. This judicature is engaged in enacting various laws
which are known as common law and all the subordinate courts including the High Court are
bound to follow the judgment given by the Supreme Court. From this judicial body, no other
court can entertain the appeal and the decision given by this is final and binding on both the
parties.
Part 2: Source of law
Explanation of Case Law as a source of laws
Common law which is also known as case laws includes all the rules and regulations and
laws that are brought from the judicial precedents. When the case is brought in the
jurisdiction of the judge, they are engaged in evaluating and analyzing each of the facts,
evidence as well as issues so that a proper judgment is given by the application of laws that
are being made by the parliament. The laws that are brought from the case laws have the
same relevance as that of the statutory laws that are enacted by the supreme law making
authority which is Parliament. It is also a relevant source of law as that of the statutory law
which is enacted by the parliament. And the subordinate courts are legally bound to follow
the judgment given by the Superior Court. These judgment are only known as the case laws
(Lucas and Peterson, 2017).
Explanation of the process of making Legislation
The Parliament is considered as the superior authority of enacting legislation and it undergoes
a proper procedure in order to make a legislation. It involves several stages which involves
the first reading stage wherein the name of the bill is read out. Then is second reading
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wherein the purpose of the bill is being discussed. Then is 3rd stage includes the committee
stage wherein detailed examination of the bill is done and further amendments are being
suggested. Then third reading is there wherein the debate is initiated and votes are taken in
order to accept or reject it. There is consideration of amendment stage wherein last chance is
provided to the members to provide the further changes in the bill and votes are taken in
order to accept or reject it. Then lastly after passing through all these stages, the last step
involves taking of the royal assent from the monarch which is the Queen. After the assent is
taken, the bill is enforced in the provided jurisdiction (Schwarz, Lathrope and Hellwig,
2017).
The meaning and examples of Delegated Legislation
It can be referred to as the subordinate law which is made by the authority who is being given
the power to make the law. This power is provided by the supreme body known as
Parliament. The delegated legislation is mainly made by the governmental bodies, expertise
and the ministers who have the basic skill and knowledge about a particular function. The
main aim of this law is to provide guidance for the enforcement of the main laws which are
made by the Parliament. It includes the diversification of the management which is a time
saving method that involves a technical process which helps in the management of decision
making. The main control in this form of law includes ministerial, regulations, councils, rules
and many others.
Part 3: UK law making process: Employment Law
Statutory Duties of Employers to their employees
The employment legislation is aimed to protect the rights to the employees by enforcing the
statutory duty on the employers to abide by the principles and rules enacted under it so that
the rights of the workers are given protection. Different statutory duties of the employers
towards their workforce includes the following-
 The employer is duty bound to make the timely payment of the salary or monetary
benefit. The pay scale of the workforce must be in accordance with the legislation
which is National Minimum Wages Act or the employment legislation so that there is
no discrimination being made for the pay scale based on any religion gender etc.
 The employer is also involved in a duty to provide the clean, safe and healthy
environment to the workforce. It involves comprising of such facilities which are full
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of hygiene, clean and safe. Moreover the employer must also ensure that it provides
the safe working conditions to the workforce when they are engaged in hazardous and
non-hazardous activity (Madaus, 2018).
 The employer is also involved in a duty to prevent any kind of discrimination from
the workplace which may be on the basis of gender race religion etc.
Wrongful Dismissal and Unfair Dismissal Actions
The wrongful dismissal as well as unfair dismissal is considered as an essential concept that
helps in providing fairness and equality among the employees. The unfair dismissal can be
referred to as a statutory right which is provided under Employment Rights Act wherein a
worker is entitled to it irrespective of what its contract of employment provides while the
wrongful dismissal is the contractual right which is brought from the contract of employment
itself. For a workforce to bring out the claim for unfair dismissal, it is essential that it is
engaged in the continuous service of two years with the employer and it has to establish the
two limb test when it is being dismissed. This test involves five reasons for the dismissal
which includes conduct, capability, statutory legality, redundancy and some of the other
substantial reasons. The wrongful dismissal when being compared with the unfair dismissal is
a breach of contract by an employer and it is brought from the common law and not the
particular legislation (Eisenstadt and Pacella, 2018). It includes the dismissal by the employer
when it has no potential reason that is fair for justifying a dismissal under the Employment
Rights Act, namely section 98.
Conclusion
It is concluded from this report that a law can be referred to as the rights and regulations
which protects the rights of the people and is mainly enacted for the benefit of the society so
that it is being managed properly. The business law is mainly aimed to regulate the working
and functioning of the businesses. The English legal system includes the unwritten
constitution as well as the statutory and common law. There are mainly two types of
legislation which includes case laws and statutory and the parliament is considered as the
supreme law making authority which enacts the statutory legislation. There is a set of stages
through which a bill undergoes in order to make a law and it is essential that it is passed from
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both the Houses of Parliament and lastly the royal assent is taken in order to ensure its
enforceability.
References
Clevenger, M.R. and MacGregor, C.J., 2019. Business and Corporation Engagement with
Higher Education: Models, Theories and Best Practices. Emerald Group Publishing.
Eisenstadt, L.F. and Pacella, J.M., 2018. Whistleblowers Need Not Apply. American
Business Law Journal. 55(4). pp.665-719.
Hansen, C.P., Rutt, R. and Acheampong, E., 2018. ‘Experimental’or business as usual?
Implementing the European Union Forest Law Enforcement, Governance and Trade
(FLEGT) voluntary partnership agreement in Ghana. Forest Policy and
Econoimics. 96. pp.75-82.
Lucas, L.A. and Peterson, C.L., 2017. Developments in Federal Student-Lending Law:
Harbingers of Change?. The Business Lawyeir. 72(2). pp.465-474.
Madaus, S., 2018. Leaving the shadows of US Bankruptcy law: a proposal to divide the
realms of insolvency and restructuring law. European Business Organization Law
Review. 19(3). pp.615-647.
Schwarz, S., Lathrope, D. and Hellwig, B.J., 2017. Fundamentals of Business Enterprise
Taxation: Cases and Materials (2017). West Academic.
Simbolon, A., 2019. Prevention of monopolistic practices and unfair Business Competition
through business Competition Supervision. Journal of Legal, Ethical and Regulatory
Issues. 22(1). pp.1-7.
Walker, J., Pekmezovic, A. and Walker, G., 2019. Sustainable development goals:
harnessing business to achieve the SDGs through finance, technology and law reform.
John Wiley & Sons.
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