UK Legal Framework: Classifications, Origins, and Employee Rights

This report provides a comprehensive overview of the United Kingdom's legal system. It begins by outlining the classifications of law within the UK judicial framework, including criminal and civil law, and explains the roles of tribunals, such as the Tribunal of Appeal and the Supreme Tribunal. The report then explores the origins of legislation, focusing on legal precedent and the legislative-making procedure, including the process of authorizing regulations. Finally, it examines employment legislation in the UK, detailing the legal obligations of companies to their workers, covering topics like working hours, leave, termination procedures, and minimum wage, as well as addressing issues of illegal and unjust termination. This document contributed by a student is available on Desklib, a platform offering AI-based study tools and a wide range of solved assignments and past papers for students.

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Contents
Contents...........................................................................................................................................2
INTRODUCTION...........................................................................................................................1
PART 1- Law classifications...........................................................................................................1
Outline legislation and the judicial frameworks of the United Kingdom....................................1
The following is an overview with instances of how the British judicial process classifies
legislation.....................................................................................................................................2
The accompanying Tribunals' roles in the British judicial process are explained.......................2
PART 2- The legislation's origin.....................................................................................................3
Description of Legal Precedent as a Legislative Authority.........................................................3
Overview of the Legislation-making Procedure..........................................................................3
Authorizing Regulations its definition and illustrations..............................................................4
PART 3- Great Britain’s law...........................................................................................................4
Employment Legislation, Legal Obligations of Companies to their Workers in the United
Kingdom......................................................................................................................................4
Illegal Termination and Unjust Termination...............................................................................5
CONCLUSION................................................................................................................................6
REFERENCES................................................................................................................................7

INTRODUCTION
Every nation does have its own judicial process to ensure that citizens are dealt equally (Asp
and Andersson, 2021). The Great Britain has adopted a general legislation judicial process from
prehistoric days, and many other nations have adopted likewise, perhaps because of Britain
dominance or willingly. The judicial power in the United Kingdom is no longer restricted to
unwritten norms; various documented legislation was passed or are in the midst of being enacted.
The old legacy of unwritten legislation has been altered for a variety of purposes.
PART 1- Law classifications
Outline legislation and the judicial frameworks of the United Kingdom
In the vast percentage of cases, the job of establishing legislation produces insufficient
results. The legislation has been sought to be defined by a number of federal judges. Many, on
the contrary side, strongly criticised the most of these. In a general meaning, standards allude to
the standards and procedures which are enacted by those bodies in a community and applied
equally to its inhabitants by legislative or traditions and practices which are recognised and
implemented via judicial decisions. The judicial framework of England is mostly governed by
customary legislation. Unfortunately, clearly outlining the British Judiciary Process is a difficult
task. The Legislature is an important part of any judicial process because it provides the rules
and laws that govern how a nation must be run. The United Kingdom, unlike the rest of
European nations, does not have a formal law (Diebold and Rudebusch, 2021). Enactments,
administrative decisions, and customs make up the unwritten legislation of the Great Britain. The
Legislature of the Great Britain is based on 3 key themes. The partitioning of authorities relates
to the partition of political jurisdiction into 3 tiers: administrative, legislature, and judiciary.
Legislative Dominance is the next. No institution could overturn or proclaim invalid a legislation
approved by the Great Britain's legislature. The House of Lords and the House of Commons are
the 2 divisions of the British parliament. The legal system is the fundamental principle. It is
developed on the works of A V Dicey. The primary assumption of this idea is that the
government must operate in compliance with the rules instead of irrationally.

The following is an overview with instances of how the British judicial process classifies
legislation
 Laws of Crimes- Criminal legislation deals with the most serious crimes. Those who
break the law are subjected to penalties. This law designates specific behaviours as
offenses and establishes penalties for them. If an individual infringes the rules and
performs a criminal, he is liable to punishment. It's worth noting that criminal legislation
is split into 3 classifications: offenses against the government, offenses against the
individual, and offenses involving land. The Government Communications Act 1989, the
Property Act 1861, and the Fraud Act 1968, accordingly, are examples (Esmaeili and
Golpayegani, 2021).
 Civil legislation entails a set of rules that govern- It is related to issues that are not
criminally in nature. Particular disputes are resolved under this regulation. A company is
paid for the suffering caused by some other person as a consequence of breaking this
regulation. The courts may sometimes impose an intervention requiring a defendant to
follow a particular direction. Civil legislation covers a wide range of topics, including
statutory interpretation, commercial transactions, and estate planning. Property regulation
is an important part of civil legislation as well.
The accompanying Tribunals' roles in the British judicial process are explained
 Tribunal of Appeal- The High Tribunal of the Great Britain is split into 3 parts, each of
which has primary and administrative competence. It mainly considers civil matters and
only occasionally criminal ones. The very first section of the Chancery Division its High
Court's speaker, in his or her capacity as head of the Chancery Division, oversee over all
this segment, which handles cases concerning business and ownership issues, creative
ownership rights, and inheritance, among many other matters. The Lady's or Emperor's
Seat Department, as the situation could be, is the next department. This department is led
by a chairman and considers cases involving commerce, trespass, defamation, and
harassment. The "Community" section is the next. Wedding, childbirth, conflicting
loyalties, as well as other relatives concerns are handled by this department, which is
directed by a presidency (Kareem, 2018).
 Supreme Tribunal- As the final tribunal of appellate, the Supreme Institution performs a
crucial function in the formation of English rule. Owing to the Prosecutor's role as an

appeal tribunal, it cannot consider a case except a division bench had issued a pertinent
decision. All commercial and penal cases filed in the Great Britain, such as that filed in
Britain, Scotland, and Republic Of Scotland, are heard by the Highest Tribunal. This
Tribunal hears challenges on contested legal issues of widespread national concern, with
an emphasis on issues of the largest social and legal importance. It also functions as the
Great Britain's highest tribunal, as well as a forerunner in the legal system globe. The
Highest Tribunal of the Great Britain considers the official's discretionary authority on a
regular basis. For instance, in Gina Miller vs. The Prime Minister, the Majesty repealed
house on August 28, 2019, on the Prime Minister's advice. Gina Miller expressed her
displeasure with this. The complainant filed a motion for appellate revision of the
decision. Furthermore, though such a ruling is founded on discretionary power, the
Highest Justice concluded that this is not exempt from legal challenge (NGOLYA, 2020).
PART 2- The legislation's origin
Description of Legal Precedent as a Legislative Authority
Judicial precedent is the fundamental basis of legislation in the Great Britain's judicial
process, as said before. Authorities take decisions in situations which appear before it, and if a
following issue of a common set comes, the previous ruling within this issue may be utilized in
that latter instance. This is known as stare-decision or precedence. It's hard to enact legislation
which covers all of the issues that are expected to arise in the coming. This problem doesn't
really emerge, though, if the decision is interpreted as existing legislation. As a consequence,
judicial precedent serves as the foundation of the British judicial structure (Nurani, Nurjanah and
Prihantoro, 2020).
Overview of the Legislation-making Procedure
In the Great Britain, all Enactments start with a legislation that is essentially a petition for
legislation. Before being studied in depth by both Chambers of Legislature in the Great Britain,
legislation goes via several stages. A proposal should go over several phases to become law,
such as first hearing, next studying, panel phase, reporting phase, and 3rd perusing. After both
Houses of Government have passed a proposal, it is sent back to the first House for examination
of the revisions made by the 2nd House. All these Houses of Government should approve on the
ultimate text for it to be a Law. The law moves on to the following phase of the parliamentary

procedure, monarch approval, when a deal is concluded. A proposal enters an Enactment
whenever it wins monarch confirmation. Acts become legislation on the day they are signed into
legislation.
Authorizing Regulations its definition and illustrations
A regulation made by a man or set of people toward whom Government has assigned
regulatory power is known as assigned statutes. The 3 main forms of subordinate regulation are
legally binding documents, by-laws, and directives in session. This type of regulation is
established for a plethora of ways, such as the shortage of information in Legislature to handle
the quantity and complexity of legal provisions which are now necessary, specialized source
material, and the need for regional competence and adaptability. These measures must be
published, consulted on, and monitored by the Great Britain Legislature. For example,
government can adopt regulations relating to any jurisdiction and then assign the ability to
establish regulations for implementing particular statute (Thang, 2021).
PART 3- Great Britain’s law
Employment Legislation, Legal Obligations of Companies to their Workers in the United
Kingdom
The purpose of this regulation is to protect employees' liberties while also imposing
obligations on companies to do just that. Companies are required to invest additional revenue on
education, hiring, and pay as a result of labour rules. Business organisations should be cognizant
of a number of personnel regulations. For instance, the 1974 Healthcare and Security at
Workplace Amendment, the 1970 Fair Remuneration Act, the 1975 Disability Bias Act, the 1978
Workplace Protections Act, the 1996 Workers Opportunities Act, the Occupational Inequality
2010, the Federal Basic Price Act 1998, and so forth. Workers' freedoms are recognised and
protected under labour legislation, and businesses are required to follow it. It covers
constitutional protections to adoptive or fatherhood holidays and compensation, as well as
maternal benefits and compensation. Some other aspects that has to be considered are-
 Keep a regular workday of 48 hours in the conditions of normal working and if exceeded
it must be scheduled well before doing so.
 Give a specified number of compensated leave each and every year with respect to the
work the person is performing.

 Whenever firing a worker who had served for a company for more than a fortnight but
less than 2 years, offer them at minimum 1 week's written notification. Moreover, if a
worker has continuously served for a company for several years, 28 days' notification is
necessary, with an incremental weekend needed for each consecutive term.
 Providing qualified workers with legal paid sickness absence, legal severance pay, and
legal maternal, fatherhood, adoptive, and joint family leave.
 Companies should provide at least the national minimal salary to their employees.
 Workers must be given an itemised payment slip so that detailed elaboration could be
done in a systematic manner.
 Keep a healthy and sanitary workplace for employees.
 If employees operate well over 6 hours each and every day, employees should be given at
least 20 minute of leisure every day.
Illegal Termination and Unjust Termination
Whenever a company eliminates a worker in breach of the owner's job agreement, this is
known as unfair termination. This typically occurs if a company dismisses a worker sans cause
and it is later determined that now the termination wasn't really factually justifiable. Pertaining to
one observer, insufficient grace terms are just one feature of illegal sackings. According to
Gunton vs. Richmond-upon-Thames Metropolitan Local Authority, a termination that does not
meet the procedure specified in the contractual agreement has always been invalid. When such a
strategy is not stated in the contractual agreement, neglecting to use a transparent outcome for
terminating a worker would lead to unfavourable termination penalties. Part X of the Employee
Relations Agreement 1996 and other regulatory measures govern this constitutional principle.
"A worker has a privilege not to be unlawfully terminated," says Article 94 of the ERA. As per
to one columnist, the affected person should "be hired underneath a legitimate contractual
obligation or traineeship or pertain to a category assigned by the Governance of the nation as
possessing wrongful termination privileges; he should have satisfactory gainful job opportunities
underneath a contractual obligation" to meet the criteria for wrongful termination (Bessai and
Charoy, 2016). Despite malicious prosecution complaints that should be filed within six years of
the agreement breach, unjust layoff assertions should be filed within 3 months of the terminating
period underneath the ERA. With exception of illegal discharge, in which the situations of the
contractual obligation are minimal, unlawful discharge necessitates a two-stage inquiry: initially,

the company should create the rationale or main justification for the expulsion and also that it
was one of the justifications listed in the ERA 1996, section 98(1)(2); and furthermore, the
company should assert that the disqualification was appropriate in the situation of the particular
instance. Appropriate termination necessitates a thorough investigation of numerous facets of the
working connection that is increasingly hard to prove.
CONCLUSION
It can be concluded from the above that oversees persons' and organisations' behaviour
within a state. Of this aspect, the judicial framework in the United Kingdom is much more
proactive and straightforward. People's liberties are strictly protected. The government is
accountable for securing the legal system, and that each organisation is expected to follow the
legislation. The justice process would not continue longer sans reciprocal penalties.

REFERENCES
Books and journals
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Diebold, F.X. and Rudebusch, G.D., 2021. Business cycles. Princeton University Press.
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theoretical and applied electronic commerce research, 16(2), pp.34-62.
Kareem, T.S., 2018. Impact of inventory management practices on small and medium enterprises
manufacturing subsector in Oyo State, Nigeria. South Asian Journal of Social Studies
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NGOLYA, J.N., 2020. DETERMINANTS OF GROWTH OF SMALL AND MEDIUM
ENTERPRISES IN THIKA TOWN, KIAMBU COUNTY, KENYA (Doctoral dissertation,
Gretsa University).
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OF SMALL AND MEDIUM ENTERPRISES (MSMES) OF WEST JAVA THROUGH
INTELLECTUAL PROPERTY RIGHTS (IPR) PROTECTION IN THE COVID-19
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Thang, N.M., 2021. The Impact of Outsourcing on the Performance of Small and Medium
Enterprises in Vietnam. European Journal of Business and Management Research, 6(3),
pp.208-215.
Bessai, K. and Charoy, F., 2016, November. Business process tasks-assignment and resource
allocation in crowdsourcing context. In 2016 IEEE 2nd International Conference on
Collaboration and Internet Computing (CIC) (pp. 11-18). IEEE.