Business Law Report: UK Classification and Employment Law Overview

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Added on  2023/06/09

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This report provides a comprehensive overview of UK business law, beginning with an examination of the classification of laws, differentiating between civil and criminal law, and outlining the three main legal systems: English, Scottish, and Northern Irish. It then delves into the sources of UK law, including legislation, case law, and parliamentary conventions, and their characteristics. The report further analyzes the impact of these laws on multilingual organizations, emphasizing the importance of legal frameworks in resolving disputes and ensuring fair treatment. The final section focuses on employment law, detailing its direct impact on commercial organizations, including the responsibilities of employers and the rights of employees, such as those related to fair pay, workplace safety, and protection against unfair practices. The report also references key legislation like the Employment Rights Act and the Equality Act, illustrating the practical application of these laws in the workplace.
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TABLE OF CONTENTS
UK CLASSIFICATION OF LAWS................................................................................................3
Definition of Law in UK............................................................................................................3
Characteristic of laws................................................................................................................3
Three legal system in UK..........................................................................................................3
UK SOURCE OF LAW...................................................................................................................4
The principal sources of laws in the English Legal System...................................................4
Characteristics of the sources of laws......................................................................................5
Impact of the particular laws on the multilingual organisation............................................5
EMPLOYEMENT LAW.................................................................................................................6
Direct Impact of law on commercial organization.................................................................6
Characteristics of employment law..........................................................................................7
REFERENCES................................................................................................................................1
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UK CLASSIFICATION OF LAWS
Definition of Law in UK
In the UK, law imply as a regulation or set of rules that is prepared for the protection of
citizens. In other words, it can be known that a rule of conduct that is prescribing or formally
identify which is embarrassed by an authority.
Characteristic of laws
UK's law is divided in two parts which contain Private (Civil) law and Public (criminal).
The features of these laws are as mentioned below:
Civil law: Civil law is different from the other laws. It is concerned with the property and
rights of organization and individual citizens and they all are not protected by the
criminal laws, it settles he dispute between the organization and individuals as well as
compensation awarded also involves (Palombo, 2019). In the civil court, no person sent
to the prison from there. The civil court cases include the personal injury, family
disputes, employment law and breach of contract.
Criminal law: The criminal law is related with the breaches and offences which are
negatively affect the person and society. This is law the cases and offences can be
connected and committed with the British citizen abroad. The criminal law include the
money laundering, fraud, murder, sexual assault, drug dealing, criminal damages, etc.
Three legal system in UK
There are three main legal systems in UK which are as mention below: English Legal system: The English law is the common legal systems in United
Kingdom, which are compromising in the civil and criminal laws. Every branch in the
English law has its own procedures and courts ( Partington, 2021). The English legal law
is also known as the England and a wave as well as it is known as the European legal
systems. The English legal systems have various sources in the United Kingdom law such
as statues law, common law, etc.
Scottish legal system: This legal system is continuously formed as the separate legal
jurisdictions in the United Kingdom with its own courts. In other words, the legal system
of the Scottish is combined elements of the common law with the French legal influence
and it is hybrid. The statues law is also enacted by the Scottish law and parliaments. The
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commission of the Scottish law is responsible for developing the proposal for the
statutory appeal and statue law reform with the consolidation statues.
Northern Irish System: This law is roots in the Irish common law and legal systems to
the divide of Ireland in the 1921. The northern Irish law is developed their own legal
jurisdiction in the United Kingdom. It is also as the common law jurisdiction. It is
accompanied by the violence in the both against and defence partition (Kooistra, 2020). It
is the complex as well as maintain the culture of United Kingdom with the defence and
against in both parties. The body of the statue are affected by the Northern Ireland as well
as reflects the history of the Northern Ireland. It is formed as the part of the UK and it is
the distinct jurisdictions with the own systems of court and own legislative assembly
(Milne, 2022). It is the self governing but the Northern Ireland legal system has the
complex historical background. In other words, it means that the legal research can be
complicated.
UK SOURCE OF LAW
The principal sources of laws in the English Legal System
The principles sources of law in the English legal systems is the common law of country
and the hierarchy of the sources is the primary and secondary of legislation, parliamentary
conventions, general customers as well as the case law rules of the equity and common
law. The English legal system is established in the various important ways such as case
law, legislation, EU law and human rights law (Wilson, 2020). The last way of the English
legal systems is custom and it is largely incorporated customs. In the context of common
law, it is also known as the case law as well as it is most important in making the laws. The
legislation is important for sheer volume of the new law as well as reflects the quick
changes. The English legal systems are also created as concerns the human rights law and
develop the human right act 1998 for the rights of citizens and individuals. The laws and
legislation are also reflects the societies and citizens changes quickly as well as remain for
more reasons to the most influential sources of law. The law is the complex and it is
categorised which are divided into the civil and criminal law.
The primary sources of law are include the case law and legislation while, the secondary
sources of law are include the opinion of the legal experts, text book by the legal writers as
well as decision of the courts of other jurisdictions. The case law is including the decision
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of the court which are must followed by the senior courts. In other word the case law
include the courts of record. The common and equity law is developed by the separate
systems as well as remedies administrated by the Lord Chancellor.
Characteristics of the sources of laws
Case law: The case law is associated with the jurisdictions which are based on the
English common law but the concept of the case law has adopted in the part by the civil
law systems. In the case law, the judges are depending on the sense of wrong and right as
well as decide the dispute from the first principles. The case law is also known as the
judicial precedents as defines the English law and it have the various advantages of the
adaptability and flexibility (Duff, 2018). The justice in the case law is against and
proposition parties for declare to contend.
Equity law: The equity is the sources of law peculiar to the Wales and England. The
equity law is establishing by the court of chancery, but its application is discretionary.
The main achievements and success of equity laws is include the charities, trusts,
equitable remedies and probate. In the terms of English legal systems, the equitable law
have the various equitable maxims that include that come for equity must be with the
clean hands.
Parliamentary convention law: It is not the strict rule of law, but the breaches of the
parliamentary convention may lead in result to the breach of law (Ramos, 2019). It is
found in the English legal systems. The parliament convention law helps to compensate
the UK lack written constitute in the United Kingdom. The govern relationship in the
parliament convention is include the House of commons and House of Lords as well as
between the parliament and monarch. The monarch has power to abolish and dissolve the
parliaments.
Impact of the particular laws on the multilingual organisation
The organization faces the various challenges in promoting the corporation and
coordination in the organization as well as the rules and regulations of law must be follow by the
multilingual organization. It includes the combination of the monitoring, law making and
adjudication rules and procedures which place the legal and important components of the
organizational activities.
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If there are no law in company, then the organization not able to resolve the queries and
disputes within the business organization (Nguyen, 2021). If the company have the rule book and
law book as well as any specific law, then they can able to resolve the queries between the
employees and organizations. With the help of case law and equity law, the organization can be
able to delight the employees and staff equally and provide opportunities to individuals. The
respective laws help in enhance the reputations of the multilingual organization. If the company
have not proper law, then it will highly affects the will of the organization. In the frame context,
the company would not understand that what the company can permit as well as not analysis the
opponent of organization.
EMPLOYEMENT LAW
Direct Impact of law on commercial organization
UK's employment law originate in Parliament throughout legislative process and in the
courts all the way through judicial decision. The law can be appearing as difficult in nature for
the organization owner and it has been overprotective UK employ legislation. It mostly outlines
compulsion towards their staff and employees and what are the legal responsibilities and duties
that require to be fulfilled by owner of the organization as well as ways to maintain the
employment fair relation with the other parties of business. Therefore, the law protect business
and set out strategy that require to be integrated in contract. In addition, this act has encouraging
impact on commercial business as it allows employer and employees to be alert about their rights
and it protect them from illegal practice conduct in the place of work and fair pay (Vandich,
2022). In UK Company has to pay nationalized lowest amount remuneration based on
employee’s member age and all labour over the 23 age is free to national living wage.
Furthermore, a different advantage that business has it safeguards its workforce from
unfairness practice on the basis of sex, age and colour. It also safeguard their workforce
throughout health and safety laws which make certain that all members of company have the
right to safe and healthy in the working environment of business organization. Thus,
performance of this law corporation to run their industry across the board and it protect the
correctly rights of the workforce of business and covers approximately all aspects of the manager
and employee relationship of organization.
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Characteristics of employment law
The Employment law way area of legal tradition and it cover the responsibility, rights
and obligation inside the company and employee relationship. It includes area like salary,
place of work safety, unfairness and unfair termination. Beside with this, the laws plays
very essential role in business and it allow manager and employee to create contract
between them that states duties, roles and law that require being strictly follow whereas
working within the organization. Moreover, several features of this act are service and
employee’s rights act which are established in 1996 as well as that cover rights of workers
in case of paternity leave, unfair dismissal, maternity leave, etc.). Beside with this,
National lowest Wage Act in 1998 that sets out lowest amount that require to paid by
organization to workers.
In moreover, The equality act 2010 put off unfairness in the place of work and the
enrolment process and it identify safeguarded features that cannot be used at workplace
(Hemmati, 2022). The basic human and citizens right that employees of United Kingdom
have that it should right and rules to written terms which outline their employment rights
and responsibilities as least, the right related to sick holiday and parental leave as well as
to claim frequency and unfair dismissal after 2 years of service. The data protection act
2018 regulates how business stores workers and consumer information. In addition to
this, other several UK legislations that is correlated to employment law is known as the
Bribery Act 2010 that include the criminal law telling to any act of bribery as it is serious
issues and challenges in working environment of business.
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REFERENCES
Books and journals
Duff, R.A., 2018. The realm of criminal law. Oxford University Press..
Hemmati, M., 2022. A new analysis of the characteristics, distinctions and types of employment
contracts from the perspective of changes in labor relations and human
dignity. Jurisprudence and Islamic Law.
Kooistra, E.B and et.al., 2020. Mitigating covid-19 in a nationally representative uk sample:
Personal abilities and obligation to obey the law shape compliance with mitigation
measures. Amsterdam Law School Research Paper, (2020-19).
Milne, G., and et.al., 2022. Quantifying Land Fragmentation in Northern Irish Cattle Enterprises.
Land 2022, 11, 402.
Nguyen, L.T., 2021. Legal Considerations for Determination of Employment Relation and
Employment Contract. VNU Journal of Science: Legal Studies, 37(2).
Palombo, D., 2019. The duty of care of the parent company: A comparison between French law,
UK precedents and the Swiss proposals. Business and Human Rights Journal, 4(2),
pp.265-286.
Partington, M., 2021. Introduction to the English legal system. Oxford University Press.
Ramos, A., 2019. Scottish institutional legal thought and Steuart’s spirit of the people. The
Economic Thought of Sir James Steuart: First Economist of the Scottish Enlightenment
Vandich, A., 2022. Seven reasons to open a company in the United Kingdom.
Wilson, Sand et.al., 2020. English legal system. Oxford University Press.
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