BMP4002 Business Law: Exploring the UK Legal and Employment Law

This report provides an overview of the UK legal system for business, covering classifications of law such as civil and criminal law, sources of law including case law and legislation, and the UK law-making process with a focus on employment law. It explains the roles of the High Court and Supreme Court, details the process of making legislation and delegated legislation, and outlines the statutory duties of employers towards their employees, as well as actions for wrongful and unfair dismissal. The report aims to provide essential information for businesses operating within the UK, from small enterprises to large organizations. Desklib offers a wealth of solved assignments and study tools for students.

Business Management
BMP4002 Business Law
Assessment 1
Legal System for Business
Law
Submitted by:
Name:
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Contents
1

Introduction 2
Part 1: Classifications of Law p-p
Define laws and identify the respective legal systems in the UK
p
Explanation with examples the following as means of classification
of laws in the English Legal system p-p
a) Civil Law p
b) Criminal Law p
Explanation of the role of the following Courts in the English Legal
system p-p
a) High Court p
b) Supreme Court p
Part 2: Source of law p-p
Explanation of Case Law as a source of laws p
Explanation of the process of making Legislation p
The meaning and examples of Delegated Legislation p
Part 3: UK law making process: Employment Law p-p
Statutory Duties of Employers to their employees p
Wrongful Dismissal and Unfair Dismissal Actions
Conclusion p
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Introduction
Business law in UK has been developing since long and this development has affected the
way of doing business across the UK as well as an introduction to the system govern under
the legal framework such as foreign investment, currency regulation and many more relevant
things which is essential for the business operating within the UK(Elias2018). This study
aims to extract the relevant information which will help to introduce the legal environment of
the united Kingdom for business organization from small enterprises to big who wants to
form and fiance their various enterprises within the United kingdom.
Part 1: Classifications of Law
Define laws and identify the respective legal systems in the UK
The UK consist of four recognized states and three distinct legal jurisdiction:
England,Wales,Scotland,and Northern Ireland. These three has established its own
independent legal system with overriding effect between them. The UK became part
of the European Economic Community which is popularly known as European Union
in 1973, which has to subscribe with European legal authority into UK law and
acknowledge the jurisdiction of the European Court Of Justice. There is no written
constitution of UK(McConalogue2020)The queen is considered to be the ultimate
authority of the state. However , the ultimate authority of the crown is vested with the
regime which undertakes all the operations.
Explain with examples various categories of legal system classified
in the English Legal system
a) Civil Law:
Civil code are the consolidated codified laws which regulates the civil matters
between individuals, organization, or between two living persons in which
compensation is given to the suffering party. In civil law, the case initiates when the
suit is instituted by one party against the other party. The party filing suit is called the
plaintiff and the party responding is called defendant and the process revolve around
them is litigation. civil litigation involves compensation for injuries or damages.
Landlord/tenant matters, divorce ,child custody, property related matters, etc are the
some of the civil matters(Varuhas, 2021).
b) Criminal Law:
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Criminal law governs the different types of crimes and their punishments. In criminal
law the person is punished for the acts which are criminal in the eyes of law and if
such person is found guilty then liable for punishment. The criminal law also defines
different types of punishment such as, death penalty(capital punishment),
imprisonment for life or for any period other than life , fine, forfeiture of property.
Criminal matters is more deterrent. Criminal acts are the crimes against the state
and the person committing a crime has to go through the criminal procedure which is
a code with all procedures. The assault , theft, robbery murder, kidnapping , forced
labor,rape etc are the examples of criminal act to which criminal law applies. The
criminal procedure code consists of procedure about when a court to hear a trial in
private.
Explanation of the function of the two below mention Courts in the
English Legal system
a) High Court:
The High Court consist of Queen's bench together with Family courts and Court of
chancery. The High Court looks into the matters of more serious and complex civil
matters. The queen's bench bench division is the superior and big out of the other
High Court Sections. The special courts includes, court marshal, Mercantile,
technology,construction and administration courts. The chancery division governs
the company and property related matters and tax matters. This division consists of
companies court, patents court and the courts especially hears insolvency matters.
b) Supreme Court:
The supreme court is the top most court which is also called as the final
appellate court UK. The cases which goes into the supreme court are of the
public importance for the whole of UK in civil matters, supreme court also
looks into the matter of question of law and decides which deems reasonable
and in the interest of the people of the UK . The legal administrative unit of the
privy council, which consist of the judges of the supreme court and other
judges associated with commonwealth (Carpentier and Spaak2022). This court is
the court of appeal for a number of commonwealth countries together with
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UK's other territories and military sovereign bases(Gerami and Hawes2018).
This how the jurisdiction of supreme court operates.
Part 2: Source of law
Explanation of Case Law as a source of laws
Provided that, The UK does not has written constitution. However, there are several
essential elements relating to sautes which has been passed by the parliament.
Case laws in relation to source of laws is an imperative source of main legal
principles, especially in regards to the prevention of the rights of the individual
against the country and the rule of law(BooKs2019). There are various varieties of
sources of law which promotes the human rights and civil liberties and it begins from
the introduction of the Magna Carta 1215. The charter carried the principles that the
government must act and make rules according to the law considering the rights and
freedoms of the people. The followings are the sources of law:
 Common law : this sources of law are the judicial principles shared by the
lawmakers with is recognized in whole country. It is also know as judicial
precedents which are binding in nature.
 Legislation: legislation is the most important source of law. The process of
legislation is to make laws by the supreme legal authority(parliament) and it
has a binding effect throughout the territory.
 European Union Law: the union of many nations which are tied together
within an agreement to establish corporation for the development. The laws
regulated the union is binding to all the members and must be followed.
 Case law: case laws develops on the concept of binding precedent, a system
wherein the judges are bound by the decision of the superior court.
 Equity: the concept of equity based on the principles and remedies on natural
justice which are recognized and developed by Lord chancellor.
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Explain the law making process
Legislation is the law making procedure which is commenced by the parliament,
which has to go through several process between House of Commons and the
House of Lords. Firstly ,the bill is placed before the parliament. Two types of bill is
presented the public and private bills(Reeves2020). The process of legislation begins
from presenting the bill in the either house. The bill must be approved by both the
houses before becoming an Act. The stages which a bill has to pass through are as
follows:
 First reading: this is a formal phase, the name of the bill is announced and put
to circulate.
 Second reading: this stage involves in debating within the house over the
fundamentals of the bill.
 Committee stage: in this stage the bill is put to examine critically and
amendments can be suggested.
 Report stage: the amendments proposed in the earlier stage are voted and if
majority approves then amendment takes effect.
 Third reading: this stage determines the amendments upon consideration.
 procedures in the House of Lords: this phase takes place after the third
reading in the House of commons. The procedure is akin to the commons.
Where lords have suggested any subsequent amendment then bill sent back
to the commons. This stage may take long until the proceedings ends.
 Royal sanction: the bill after getting the approval of both house is sent for
royal approval. Once the approval is sanctioned by the queen the bill takes
the shape of an Act. The commencement date of the Act can be determined
by the delegated legislation(Saganek2018).
Explain meaning with illustration about Delegated Legislation
The parliamentary dominion is the center of the UK constitution. The supreme legal
authority is free and no restriction imposed by the constitution . The parliament is the
supreme authority to decide the legal framework of the UK and has additional power
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to delegate its legislative power to the executive or other subordinates faculties. The
delegated legislation in the United Kingdom is the law that is passed in the UK and
not by an Act of the parliament but this can be pursue by any minister of the
government. According to Henry, 'delegata protestas non potest delegari' it means
that the legislature should execute its main legislative obligations by itself and should
not further delegate to other entities. A good example of delegated legislation is the
exercising emergency power by the ministers at the order of the Lords of the privy
council to deploy armed force. The other good example of delegated power can be
seen in the administrative area. The officers are often delegated with the power to
make several orders and its execution.
Part 3: Evaluate UK law making process: Employment Law
State the Statutory Duties of Employers towards their employees
There are several statutes on employment law which provides rights and obligations
of employers and employees. The Employment Rights Act 1996 which accounts
for workers right in relation to pay and the protection.
Health and Safety responsibilities of employers means the duty of the employer to
protect its employee against all the factors which can harm the employers within the
workplace. It is the duty of the employer to conduct and update the risk assessment
in order to identify the risks and address all the risk associated with the work.
Maintain hygiene within the premises of the workplace and period consult with staff
members on health and safety issues(Davies,2020).
The Equality Act 2010, this Act embodies the rules which protects individual against
any form of discrimination. It includes:
 Gender discrimination ,
 religion ,
 maternity leave,
 race,nationality,ethnic or nation origin,
 sexual orientation and other characteristics of discrimination which is
protected under the Equality Act 2010.
As an employer it is the duty to make sure that business follows all the relevant
regulations.
Wrongful Dismissal and Unfair Dismissal Actions
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An act of wrongful dismissal is an act done capriciously by employer in breach of its
contractual obligations. This means that a wrongful dismissal is a contractual right.
For example,if an employee dismissed without giving due notice which was made in
contract of employment at the time of entering into employment contract about the
dismissal grounds and notice procedure. In such cases the employer is legally liable
to pay damages for wrongful dismissal. The damages will be indemnify by the salary
and other benefits earned or accrued during contractual notice period. Employee can
raise claim for his wrongful dismissal at the Employment tribunal not beyond three
months from the date of termination of employment(Tov019). On the other hand the
dismissal made unfairly by the employer and the compensation on unfair dismissal is
a legal right provided to the employee under the Employment Right Act 1996. An
employee in case of unfair dismissal is entitled to irrespective of what their contract
says. In order to bring action against unfair dismissal. The employee needs to have
two years of continue service with the employer and must have gone through two
limb test and not satisfied when they were dismissed.
Conclusion
From the above report which presents the relevant extract on the given topic and
explore the various dimensions and parameters of the legal system of business law
within the UK. As a result the report above ranges from understanding the legal
system of UK law to its sources of law and the process of legislation many other
important principles and doctrine which governs the UK business. Therefore the legal
system of UK law is imperative in its domestic business operations and has made
tremendous change in today's business world.
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References
Elias, P., 2018. The UK administrative data research network: its genesis, progress, and
future. The ANNALS of the American Academy of Political and Social
Science, 675(1), pp.184-201.
McConalogue, J., 2020. The Impact of EU Membership on UK Government and Parliament’s
Sovereignty. In The British Constitution Resettled (pp. 1-32). Palgrave Macmillan,
Cham.
Varuhas, J.N., 2021. Submission to the UK Government's Independent Review of
Administrative Law. Available at SSRN 3884673.
Gerami, M. and Hawes, A., 2018. Justis: at the Forefront of the Evolution of Legal
Technology in the UK. Legal Information Management, 18(2), pp.86-92.
Reeves, E., 2020. Family violence, protection orders and systems abuse: views of legal
practitioners. Current issues in criminal justice, 32(1), pp.91-110.
Davies, G., 2020. The rise of judicial diplomacy in the UK: aims and challenges. Legal
Studies, 40(1), pp.77-94.
Carpentier, M. and Spaak, T., 2022. Sources of Law in Continental Analytical Jurisprudence.
Tov, E., 2019. Sources. In Textual Developments. Brill.
Saganek, P., 2018. The Theoretical Problem of Sources of International Law. Wroclaw
Review of Law, Administration & Economics, 8(2), pp.12-35.
BooKs, I., 2019. Private International Law Bibliography 2018: US and Foreign Sources in
Englisht.
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