Analysis of the UK Legal System for Business and Employment Law

This report provides a comprehensive overview of the UK legal system as it pertains to business law. It begins by defining law and identifying the legal systems in the UK, further classifying laws within the English legal system with examples of civil and criminal law. The report explains the roles of the High Court and Supreme Court. It then explores the sources of law, including case law and legislation, and explains the process of making legislation, including delegated legislation. Finally, the report examines UK employment law, detailing the statutory duties of employers to their employees, and discusses wrongful and unfair dismissal actions. Desklib offers a variety of solved assignments and study resources for students.

Legal System for
Business Law

Table of Contents
INTRODUCTION ..........................................................................................................................2
TASK ..............................................................................................................................................3
Part 1: Classifications of law ......................................................................................................3
Define law 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
Explanation of the role of the following Courts in the English Legal system.......................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
REFERENCES................................................................................................................................8

INTRODUCTION
Business laws is being considered as those body of rules or set of rules which are
regulated by the government of the nation or enforced by the courts. These law not only dictate
the way of forming a business enterprise but also comprises of different rules and regulation for
running each type organisation. It has been seen that the rules and regulations which are made by
the government or court is very dynamic in nature. These laws and legal system not only reflects
the moral values of the people of the society where they live but also reflects the value of social
culture. In these laws modification as well as alteration is required, if these law are no longer
relevant to the environment of society. The laws which are made by the higher authorities of the
UK comprises of different rules and regulation which not only governed the society members but
also protect their interest. Then following report if going to provide the information about the
different types of laws and role of court in the English legal system(Asasriwarnia and Jandra,
2018). This report also cover the source of laws and brief information about the law making
process in UK.

TASK
Part 1: Classifications of law
Define law and identify the respective legal systems in the UK
The laws and regulations of the country helps in ensuring the effective management of
the society. It also aids with the acts of governance and regulations of their functions. The
codified legislations of the country which are made by the process of law making by the
parliament is considered as the superior source of law. Certain set of rules and regulations which
are made by the authorities of the country and are obliged by its people are defined as the law.
Other than this both the conduct as well as the function of the society must be guided in
accordance of the said legislations. Mainly the laws commands the individuals and the corporate
bodies to act in a certain way. Moreover, In the UK, the laws are not in the codified form reason
being they are partially written. Also, the laws majorly are categorised into two major forms
which are the statutory and common law where the statutory laws are the one which are made by
the concerned authorities of the country which is the parliament in the form of statutes and
legislations. The other being the common law are the one which are delivered by the court of
justice mainly the superior courts in the form of judicial precedents. The common law stands
applicable only on the inferior courts and that too must be made by the superior courts of the
country (Cao, 2018). Moreover, the parliament of the country is further comprises of the house
of lords and house of people, which consists of several stages of law making which every
legislation has to go through in order to attains its legality.
Explanation with examples the following as means of classification of laws in
the English Legal system
a) Civil Law: All the matters which comprises of the aspects which are being related with the
property or some other disputes falls under the ambit of civil matters. It mainly deals with the
cases where there lies the question of certain rights and liabilities and also the disputes related to
the performance or breach of legal agreements and contracts. Further at the time of management
of the said laws it takes the form of implied laws(Cavanagh, 2019). In simple terms it comprises
of the matters which involves the question of some property and the same stands binding and

creates infliction of the consideration. Therefore, because of this reason, all the property relate
and matters of breach are taken case of in accordance of the civil laws. The courts of the country
are bifurcated into two major categories based on their hierarchy which are the superior and
inferior courts. The supreme court and high court and the tribunals comes under the ambit of
superior courts whereas the country courts, magistrate and family courts comes under the
category of inferior courts. The civil law of the country also specifies the concept of certain
remedies and damages which mainly are in the form of compensation, inju7nction, etc. at the
option of the aggrieved party.
b) Criminal Law: All the matters which are falls under the category of the offences in
accordance with the criminal legislation of the country, are said to be governed by the criminal
law. Any offense which comprises of some criminal aspect to it is treated in a way as it has been
against the whole society rather than against an individual. Therefore, the formation of criminal
laws are done in a manner which provides and delivers a sense of security in the society and also
with its strict compliance maintains the law and order in the society. Moreover, the ways in
which the wrongdoer, mainly addressed as the criminal is punished are of the imprisonments,
death sentences and penalties each depending on the type of offense one has committed. The
matters which comes under this category are of more serious nature than that of the civil matters
and also enjoys the wider scope (Chuasanga and Victoria, 2019). The courts of the country
which looks into the matters of the criminal law are the supreme court, high courts, divisional
and queens bench. Some of the major offences which falls in this category are the offences
against body which are the murder, rape, etc., offences against property like robbery, theft,
dacoity, etc.
Explanation of the role of the following Courts in the English Legal
system
a) High Court: Also known by the name of Majesty court of England, are one of the major
courts of country which aids in the process of delivery of justice. In the hierarchy they
lies on the second number which is just below the apex court of the country. This mainly
entertains the matters which being the high value attached to them are proved to be of
great importance. It also deals with the cases which came as a result of appeals from the
inferior courts or are of such nature which cannot be well handled by the lower courts.

Appeals can also be made against the decisions of the high court which further is only
entertained by the supreme court of the country. The decisions of this court which are the
judicial precedents stands binding on all the lower courts.
b) Supreme court: In United states, it is said to be the apex court which entertains all sort
of appeals which lies from its subordinate courts. The decision mad by the supreme court
are considered as one of the major sources of law which stands binding on all the other
courts of the country. Usually it deals with the matter to which some public importance
is attached or are of such nature which involves the question of rights of large number of
people. Other than this all the concerns which are of constitutional validity are also
entertained by this court(Entrikin, 2019).
Part 2: Source of law
Explanation of Case Law as a source of laws
Case laws are considered as one of the major sources of law are and generally are also
addressed as the common law. These, also known by the name of judicial precedents are the
decisions of the courts which they deliver in the form of judgements. Usually the decisions of the
higher courts are taken into consideration as a source of law reason being they stands binding on
all the courts of the country. Moreover, the concept of such applicability is based on the principle
of stare decisis by which the subordinate courts stands binding to the decisions of the higher
court. Some of the matters which are dealt by the courts are of safety, management, protection of
public, etc.
Explanation of the process of making Legislation
The legislation are considered as one of the major piece of regulation which governs the
conduct of both the individual a well as the corporate bodies and also aids in ensuring the peace
among the society. The parliament is said to be the only body which stands responsible for the
making of laws. It comprise3 of two house which are the house of lords and the house of people.
Every legislation for the purpose of its making is required to go through the different stages of
law making where the very first is of the first reading where the appropriate title is allotted to the
draft. After this the draft is subjected to the the process of voting where after attaining the

majority the same is passed by the members of the parliament. The very last stage is of the
attainment of royal assent by the queen of the country after which the the legislation is made
legally applicable to the people of the country (Ford, 2018).
The meaning and examples of Delegated Legislation
Delegated legislations are the laws which are enacted by the subordinate authorities , to
whom the powers has been given by the actual authorities to make such laws. In this process the
power are being delegated by the parliament to some other bodies to outline the required laws
and regulations. Moreover, such authorities for the purpose of making of laws are bound to act in
the manner as stated by the parliament and also to act in the specified limits. Parliamentary
sovereignty, orders, councils, etc. are some of the major instances of the delegated legislations.
Part 3: UK law making process: Employment Law
Statutory Duties of Employers to their employees
The Employment Act of 1966 is said to be one of the major legislation which governs
and regulates the conduct of individual with respect to the aspects of employment. It also
specifies certain duties and legal implications where in accordance to that the every employer is
bound to execute towards its workers which are as follows-
 employer must pay the required wages on time to its workers while complying with the
provisions of the national minimum wages act(Hunter and Rackley, 2018).
 Employer must take care of the discrimination of employees with respect to any of it
which are race, caste, religion, etc.
 one must provide to its employees the required trainings and orientations.
 The employer has a duty to make sure that all the health and safety protocols are followed
by the workers
 employer also stands bound to regulate and control the maximum working hours of the
employees and must take care that the fair recruitment policy has been adhered.

Wrongful Dismissal and Unfair Dismissal Actions
The worker can be terminated or dismissed in two way that is the unlawful dismissal and
unfair dismissal but in this section the terms there lies higher differences. The workers is said to
be mistaken dismissed if it will stand a case where the workers is separated from the job without
developing a compliance of the suitable terms and situations that are to be followed in the
dealing. On the other hand, if any employee is terminated before the completion or expiry of
their roles then it will termed to be subjected to the false dismissed. Hence, if there is a case in
which the workers get dismissed by their employer without accomplishing any suitable
preceding notice then in such case the worker is stated to be unfairly fire(Khan, 2019). Likewise,
the termination of employment will relates to unsatisfactory performance without presenting a
suitable opportunities of explanation to the workers that are also termed to workers who are also
mannered in the scope of unfair dismissal.
CONCLUSION
From the above mentioned report it has been concluded that, the laws and regulations
plays critical role for the governance of any nation. As the rules will relates to the way and
conduct in that individuals and executives of the nations are need to present act. Hence, the laws
are divided into two fundamental categories that are common and statutory laws. The supreme
court of the nation that is also the apex court who are accountable for ensuring the fact in that the
rules are made suitably in the nation. The two fundamental sort of cases like civil and criminal
nature that are pleased by the government. Likewise, with respect to the roles and responsibilities
of both the workers and leaders that lied the employment act that also states to the provisions in
terms of unfair and wrongful fire.
REFERENCES
Books and Journals

Asasriwarnia, A. and Jandra, M., 2018. Comparison Of Legal System: Islamic Law System,
Civil Law, and Common Law. UMRAN-International Journal of Islamic and
Civilizational Studies, 5(2-1).
Cao, K.X., et. al., 2018. The legal frameworks that govern fetal surgery in the United Kingdom,
European Union, and the United States. Prenatal Diagnosis, 38(7), pp.475-481.
Cavanagh, E., 2019. infidels in english legal thought: conquest, commerce and slavery in the
common law from coke to mansfield, 1603–1793. Modern Intellectual History, 16(2),
pp.375-409.
Chuasanga, A. and Victoria, O.A., 2019. Legal Principles Under Criminal Law in Indonesia Dan
Thailand. Jurnal Daulat Hukum, 2(1), pp.131-138.
Entrikin, J.L., 2019. The death of common law. Harv. JL & Pub. Pol'y, 42, p.351.
Ford, M., 2018. Employment tribunal fees and the rule of law: R (Unison) v Lord Chancellor in
the Supreme Court. Industrial Law Journal, 47(1), pp.1-45.
Hunter, R. and Rackley, E., 2018. Judicial leadership on the UK Supreme Court. Legal
studies, 38(2), pp.191-220.
Khan, N., et. al., 2019. Diversity in the workplace: An overview of disability employment
disclosures among UK firms. Corporate Social Responsibility and Environmental
Management, 26(1), pp.170-185.