An Analysis of Equality, Discrimination, and the UK Legal System

This report critically evaluates the UK legal system's effectiveness by examining the prevalence of discrimination. It begins by outlining key legal principles and types of laws in the UK, including common law and statutory law, public and private law, and civil and criminal law. The report then explores the concept of equality and highlights instances of gender and racial discrimination, particularly in the workplace and within communities. It discusses inefficiencies and complexities within the UK legal system, emphasizing the need for reforms to ensure fair treatment for all individuals. A case study, Jack v Valorous Pvt Ltd, is presented to illustrate legal outcomes related to discrimination. The report concludes by reiterating the importance of equality and the responsibility of employers to provide equal opportunities, while also suggesting penalties for discriminatory practices. This report, contributed by a student, is available on Desklib, a platform offering AI-based study tools.

We Are All Equal
Before Law

Table of Contents
INTRODUCTION...........................................................................................................................1
MAIN BODY...................................................................................................................................1
Legal principles and types of laws in UK..............................................................................1
Equality...................................................................................................................................2
Inefficiency and complexity of UK legal system...................................................................3
Discrimination in UK.............................................................................................................3
CONCLUSION................................................................................................................................4
REFERENCES................................................................................................................................5

INTRODUCTION
Legal system is the structure or framework which comprises laws that govern rights of
citizens. Every country has their own legal system which is divided into many parts in order to
have stability. It may consists both federal and state laws which have specified jurisdiction for its
applicability. Further, these are amended from time to time so that no scope of mistake is left as
people take advantages of loopholes present in existing laws. Laws are important for maintaining
peace by providing punishments to those committed offences. Each act has its effective date,
scope to which it will extend to, applicability, terms, offences and punishments. The report talks
about law in UK society and evaluate its effectiveness by assessing level of discrimination
existing in legal system.
MAIN BODY
Legal principles and types of laws in UK
UK is a country which does have a complete written constitution. English legal system is
followed in this country. Parliament has the supreme authority to pass a bill which is then
converted into an act by receiving royal assent. These provides provisions which should be abide
by everyone so that legal consequences can be avoided. Also, it the only country in the world
that have never been overpowered or ruled by any foreign law or rule. Legal system has to be
perfect without any scope of doubt or negligence (Campbell and Marcum, 2016). In other words,
a strong system is a base on which all the activities in the country can rely on. Furthermore, it
gives a sense of security, that right decisions will be provided by judges which will bring justice.
Here, main focus will be on the discrimination which is being seen on the basis of male and
female in working place. Also, focus will be on the discrimination which is being done on the
basis of colour as black people are being suffered within the premisses of UK.
The UK legal system has some principles which are legal certainty, equality, fairness,
retrospective legislation and due process. These are some common principles which are extended
through the country. Further, it has its parts which are common and statutory law, public and
private law and civil and criminal law. Each of these have their separate set procedure which are
applied in case for resolving it. Common law includes legal decisions made by judge. These are
applicable on a case having similar facts and issues. On the other hand, statutory law is about
statues created by legislative bodies who have the authority and responsibility to monitor and
1

make reforms which can be added as a law. Furthermore, public law refers to legal provisions
that regulates relationships between government and natural person living in UK. Whereas,
private laws are concerned with the laws that govern institutions and organization. Finally, civil
law deals with cases which are not related to any crime and is more of a personal problem for
example divorce. On the contrary, criminal laws applied to crimes and offences committed
which can not be resolved by applying civil law (Richards, 2018).
Equality
All people are born to be treated in equal way by having same rights without no
discrimination. Every person should comply with norms in order to have protection against
wrongdoing. However, there may arise situations which might reflect discrimination exist in the
system. These could be due to any factor such as race, skin, culture etc. For example, in earlier
times, US used to dislike black people and for a long time they have not been treated equal. They
have been deprived of legal justice on the basis of their colour. This could still be reflected in
some of the areas in US. This shows that US does not have effective legal system which
discriminates in providing justice and resolving cases. Such discrimination should be avoided
and in no situation these should be encouraged.
There are many people living in UK ranging from poor to rich, this is the reason which
has contributed to inequality in wealth distribution. One more example can be presented here
which can be seen in UK. Women are being discriminated for men in terms of employment,
rights, powers, pay at work, etc. It is called gender discrimination. It can be seen not only in UK
but in other major countries as well. It is a big inefficiency which does not promote law and
order. It creates a big difference between people living in the society. Further, rich people seems
to have more power as compared to poor people, as cases of celebrities, ministers, politicians etc.
when it comes to resolve case law. This make them lose trust in the legal system. Also, each
communities in UK are treated differently (Malthus, 2018). For example, LGBT community has
to fight and stand strongly to get their rights which can protect them from numerous situations
not in favour of them. In addition, the people who come from different gulf country have to also
face worse situation as most of the time they are being treated as terrorist. There were no laws
for them which can provide them a sense of security. This is a clear discrimination the people on
the basis of sexual orientation. However, after passing act for LGBT, they can have case in their
favour by winning the law suit by complying with legal provisions. Also, it has been found that
2

people are being discriminated on the basis of colour which is one of the major problem which
can be seen within the premisses of United Kingdom. The law of UK doesn't says that every
people must be treated equally but in practical life it has been not found because within UK
black community are being suffered in the premisses of office.
Inefficiency and complexity of UK legal system
UK legal system follows centralised system of decisions laws which will be applicable
throughout UK. Only Parliament has the right to pass laws. This create situations in which
inefficiency of legal systems and processes can be observed. There is no proper segregation of
powers between government. Also, it has been considered a complex system which is hard to
understand by layman having no strong knowledge about laws prevailing in the country.
Furthermore, amendments and directives of European Union should also be understood in order
to use it in favour. However, there is a great scope of correction in UK legal system which must
be removed. It needs reforms which can make the system more effective. Together with this,
every individual must be treated fairly and equally without being discriminated on the basis of
race, colour, skin etc (Bisom-Rapp, 2018). There is the option in which it rules regarding
equality can be changed for created better environment within UK. Government need to delegate
the power to state level or they can give power to court under which if any discrimination is
being done with people who belongs to black community then legal action must be taken.
UK has established business in many countries in ancient time, which was taken as basis
for creating legal system. Their laws have been used as foundation on which other laws have
been enacted. Hence, it is required to have resolved complexity as a person with low or no
knowledge of law can not take advantage by using these laws.
Discrimination in UK
It is being found that discrimination is being done with the people living within the
community of UK. It is being seen since very long period of time that Black Britons those of
South Asian origin faces are being discriminated as they are not allowed to attain main of the
programs which are being held within the premisses of UK. In addition, there are number of
company which do discriminate people as the do not prefer black people in there company. In
addition, specially people who come form countries like Pakistan and other gulf countries are not
allowed to live freely within there country (Minority ethnic Britons face 'shocking' job
discrimination, 2019).
3

World is evolving very fast but still issues are still the same because the problem of black
people and white people being seen since very long period of time. From the data and research, it
has been understood that working conditions are not similar for black and white people because
it has been seen that white people do get the better opportunity were as black doesn't. Although,
legislation says that it is equal for both male and female but in practical it is not because people
are not ready to change there mindset and this the main reason that most of Black Britons are
facing problems.
Addition to this all, it has been found in United Kingdom that most of the discrimination
is being done within the premisses of working place. The people have developed the concept that
male employee should have better pay scale compared to female and because of this female are
being suffered in UK. Also, employer doesn't allow any of the female to do those work which is
crucial and important in nature which is one of the cons and even it is against the law and
changes are required in it.
CASE LAW
Case: Jack v Valorous Pvt Ltd.
Facts: there was the discrimination on the basis of colour and this the reason that jack filed the
case against the Valorous Pvt Ltd.
Judgement: The honourable judges decided that it is against the law and no one is allowed to be
discriminated because everyone should be treated equally. Also it is the duty of company tio
judge any of the employee on the basis of performance not on the basis of colour and caste and
community (Pinchevsky and Steiner, 2016).
CONCLUSION
It is concluded that UK law is equal for each and every person and it is important that no
should be discriminated on the basis of caste colour and nature. Everyone should be treated
equally and it is the responsibility of employer that must give equal opportunity to there
employer whether she is female or not. Also, it is necessary that increment should be not decided
on the basis of community. Various penalties can be imposed for any of the default which has
discrimination in nature.
4

REFERENCES
Books and Journals
Bisom-Rapp, S., 2018. What We Know about Equal Employment Opportunity Law after Fifty
Years of Trying. Emp. Rts. & Emp. Pol'y J. 22. p.337.
Campbell, E. A. and Marcum, T. M., 2016. The search for equality through the rule of law. U.
Det. Mercy L. Rev.. 93. p.1.
Malthus, T. R., 2018. An essay on the principle of population as it affects the future
improvement of society. In The Economics of Population (pp. 41-50). Routledge.
Pinchevsky, G. and Steiner, B., 2016. Despite the idea that all are equal under the law, women
are often treated more leniently in pretrial decisions. USApp–American Politics and
Policy Blog.
Richards, J., 2018. Anna Arstein-Kerslake, Restoring Voice to People with Cognitive
Disabilities: Realizing the Right to Equal Recognition Before the Law.
Online
Minority ethnic Britons face 'shocking' job discrimination. 2019. [Online] Available Through:
<https://www.theguardian.com/world/2019/jan/17/minority-ethnic-britons-face-
shocking-job-discrimination>
5