Business Law in the UK: Classifications, Sources, and Employment Law

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Added on  2023/06/08

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This report provides an overview of the UK's business law, focusing on its classifications (civil and criminal), sources (constitution, central & state laws), and the impact of these laws on multilingual organizations. It highlights how globalization necessitates multilingualism in businesses and examines the direct impact of UK law-making, specifically employment law, on commercial organizations. The report details aspects of employment contracts, discrimination in the workplace (direct and indirect), and the employer's responsibilities under acts like the Equality Act 2010 and the Health & Safety at Work Act 1974. The document illustrates how these laws protect both employees and employers by providing guidelines for fair treatment, safe working conditions, and clear contractual terms. Desklib is a platform where you can find similar solved assignments and study resources.
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Business Law
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Table of Contents
TASK ..............................................................................................................................................3
The UK Classifications of Laws.............................................................................................3
(i) Provide a proper definition of law in regard to UK Context ...........................................3
(ii) Define and discuss the characteristics of the two main classifications of laws in UK ...3
(iii) Identify the three different Legal systems in UK ..........................................................4
The UK Source of law............................................................................................................4
(i) Identify and briefly explain the hierarchy of the principal sources of laws in the English
Legal System .........................................................................................................................4
(ii) Explain the characteristics of the sources of laws identified above giving examples of each
................................................................................................................................................5
(iii) Discuss the impact of the respective laws on the multilingual organisation...................5
(iii) Give examples of how the UK law making process have a direct impact on commercial
organisations focusing on ONE of the below list: .................................................................6
Employment law.....................................................................................................................6
REFERENCES................................................................................................................................8
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TASK
The UK Classifications of Laws
(i) Provide a proper definition of law in regard to UK Context
An Act is a law formulated and authorised by parliament to impose on the people. These
laws are passed by the Parliament and both the House of Commons as well as House of Lords.
There are specific concrete processes for law enforcement by imposing laws on citizens on
pertinent concepts and issues in society (Amos, 2020). On the other hand, the bill is first
submitted to both chambers and then deliberated by the competent authorities of both chambers.
Following the deliberative process, a critical and thorough evaluation and analysis of the relevant
law or regulation is made in an effective study and managed by both houses of parliament. After
the discussed is completed, then it is deeply studied and assessed before signing and sanctioning
by both the houses of parliament. The completion of the process helps in preparation of law. The
approval of bills assists in the establishment of law which is later implemented on the citizens of
the nation.
(ii) Define and discuss the characteristics of the two main classifications of laws in UK
The two essential classifications of law in UK are discussed below:
Civil law – It is a comprehensive system of principles and rules which are arranged in
codes and is enforced on the citizens. It is the law relating to the private rights of the
citizens. The criminals are given punishment which is generally in dues and fines which
are to be paid. The civil law focuses on the relation between the people of the society and
enterprises which are legally formed. This law deals in the matter which are related to
rights which are infringed. The civil liability arises when a person breaches the law of
this kind.
Criminal law – It is the body of law which is related to any criminal offence by a person
which makes an impact on the criminal record of that person. The matters which are
covered in this law are related to rape, sexual exploitation, sedition, dacoity, robbery,
thug, murder, dowry death and many more. The punishment which is generally given in
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criminal cases consists of harsh and unpleasant such as death, life imprisonment, etc. It
also makes the individual restricted with certain boundaries in regard to communication
level and travel restriction in the international boundary limits.
(iii) Identify the three different Legal systems in UK
The country of UK has bifurcated their jurisdiction on three different legal systems.
These are governed and authorises by the government. These are England and Wales, Scotland
and the Northern Ireland. It is to be noted that each and every jurisdiction has its own judicial
systems, laws, judges and advocates. The jurisdiction of England and Wales have a legal system
which is very much common for all and applies to all the people living in that area. The
Scotland and Northern Ireland have different and separate legal systems because of the presence
of distinct background and historical culture. These three legal systems are different due to their
varied and distinctive societal and cultural norms(Cabrelli, 2021). The main reason behind this is
the difference in geographical boundaries and limits. Since these bodies of each jurisdiction are
handling their cases separately from each other, all the final appeals are directly transferred to the
Supreme Court of UK.
The UK Source of law
(i) Identify and briefly explain the hierarchy of the principal sources of laws in the English
Legal System
The primary source of law hierarchy in the UK is primarily concerned with the national
constitution, which is termed as an ultimate supreme body that enforces law. It enforces several
sort of the laws and amendments to establish law and order in the country. It helps maintain
harmony and peace among people in society. The first hierarchy of sources of law is the
Constitution that are followed by two distinct laws. It mainly those of the central government and
those of the states. As the Central and state laws primarily serve to clearly legitimize the legal
system with duty assigned to different departments within the nation (Chalkidis and Kampas,
2019). The central government is responsible for implementing and legalizing laws on the centre
level and the State governments are responsible for implementing and legalizing laws at the state
level.
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(ii) Explain the characteristics of the sources of laws identified above giving examples of
each
The primary sources of legal source of information are primarily rules, customs, orders,
laws, jurisprudence, and so on. All of such sections are considered important and primary
sources of law. The main characteristics of legal sources are as described below –
The country's legal system is related to enforce equality laws to provide fair and equal
treatment to citizens in terms of the race, caste, gender, etc.
To develop and maintain positive and as well as healthy relationships between societies.
A country's legal system is very limited and dynamic and it may extend its borders
according to ever-changing laws and as well as regulations.
It aims to enforce and as well as to maintain national law and order and to develop social
harmony.
This system is very complex and tough to determine legal obligations as effectively and
efficiently.
(iii) Discuss the impact of the respective laws on the multilingual organisation
It has been seen that globalization plays a very crucial role in expanding the operations of
the organisation at a global market. Every organisation has to develop and establish a multi
linguistic department as the communication is considered a huge barrier for any company when
it is planning to expand its business in the multinational market. It also helps in understanding
the culture and need of the domestic industry. It is very essential to spread awareness and
knowledge regarding the various cultures which are possessing in the people of the
society(Edmonds, 2019). These activities are directly linked to multilingualism which plays an
crucial role in presenting the validity of the specific area. In the present global scenario,
multilingual law allows may prospects in regard of day to day lives and making it more
important than before. It will effectively supports to recognize the validity of a particular local
culture. Therefore, the consequences of the respective laws on multilingual institutions are to
facilitate the development of specific places and to support growth as effectively and efficiently.
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(iii) Give examples of how the UK law making process have a direct impact on commercial
organisations focusing on ONE of the below list:
Employment law
The employment laws of UK can appear complex to the owners of the organisations which have
deep knowledge of the laws for running the business in a effective and smooth manner. This law
is formulated to protect the businesses which have responsibilities towards the employee's and
provide safeguarding to the owners of the companies.
The employment law of UK is established to protect the entity since it lays down the road map of
what is to be present in the contract of employment(Gulma, 2022). The things which are to be
included are disciplinary rules, holidays, notice period process, etc. The contracts protect the
employers by providing clear and definite guidelines. It also ensure that the interest of workers is
also safeguarded from the activities of recruitment of workplace. For example – In UK, the
companies shall have to pay the national minimum wages on the basis of the age of workers and
all the members who have age over 23 are also provided national living wages. The employee's
of the business is covered by instance they apply for the post of job by the Equality act 2010, it is
the act which prevent the discrimination against the applicants or workers in regard to their
memberships of a set of nine safeguarded features which involves race, sexuality or any
disability. When the members of the staff are included in team, they also given protection by the
Health & Safety at Work Act 1974. This ensures that all the workforce have the right to work in
a safe environment.
Therefore, it is the responsibility and duty of the business to protect and secure the rules of the
individuals. They both have the rules and liabilities towards each other that are to be fulfilled.
While creation of agreement of engagements it is the responsibility of a company that they
particularly lay down the rules and roles of their part in a readable status.
Employment contract
The contract of employment is the agreement which is in written form between the
employer and employee. It defined the terms and conditions of the specific jobs. It also
highlights the basic roles and duty of the workers along with the working hours, rights and
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environment of working. The guidelines which are to be followed and overtime conditions are
also covered in the contract(Powell, 2020). The employee's must ask queries to their employers
before providing the consent to the contract by signing on it. These contracts are generally used
in case of any dispute or legal claim by any party.
Discrimination at the workplace
Any type of discrimination at the place of work which involves unfair and unequal
treatment against the workers in regard of their membership of particular safeguard
characteristics(Wollmann, 2019). All the safeguarding factors have been highlighted in the
Equality act 2010 like race, religion, sex, maternity or any disability. Discrimination against the
employees of any kind is against the law and can lead to any legal claims on the companies.
According to the employment law of UK, there are mainly two kinds of discriminations
which are either direct or indirect.
Direct discrimination can be defined as discrimination which involves actions such as
harassment, abuse bullying or any other unfair treatment in regard of their safeguard factors.
Indirect discrimination is mainly related to the policies, regulations and rules in regard to
the organisation. A perfect example of this, will be mentioning the English qualifications as an
essential element on the job description, which will eventually eliminate the under qualified
candidates who are educated in another fields. There are different laws in the UK that governs
the how the business organisation have to do their business and to behave with their employees.
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REFERENCES
Books and Journals
Amos, H.W., 2020. English in French commercial advertising: Simultaneity, bivalency, and
language boundaries. Journal of Sociolinguistics, 24(1), pp.55-74.
Bezzina, C., 2020. A comparative analysis of the concept of redundancy in employment and
kindred consequences between Maltese law and UK law (Bachelor's thesis, University
of Malta).
Cabrelli, D., 2021. Regulating Restrictive Covenants in English Employment Law: Time for a
Rethink?. Edinburgh School of Law Research Paper, (2021/13).
Chalkidis, I. and Kampas, D., 2019. Deep learning in law: early adaptation and legal word
embeddings trained on large corpora. Artificial Intelligence and Law, 27(2), pp.171-198.
Edmonds, E., 2019. Research Handbook on EU Sports Law and Policy. Edited by Jack
Anderson, Richard Parrish, and Borja García. Cheltenham, UK; Northampton, MA:
Edward Elgar Publishing, 2018. Pp xi, 474. ISBN: 978-1-78471-949-4. UK£ 140.00;
US $225.00. International Journal of Legal Information, 47(2), pp.118-119.
Gulma, U.L., 2022. A new geodemographic classification of the influence of neighbourhood
characteristics on crime: The case of Leeds, UK. Computers, Environment and Urban
Systems, 92, p.101748.
Powell, R., 2020. Political and Economic Influences on Multilingualism and Multijuralism.
In Language Choice in Postcolonial Law (pp. 25-60). Springer, Singapore.
Wollmann, H., 2019. Comparing institutional development in Britain and Germany:(persistent)
divergence or (progressing) convergence?. In Comparing public sector reform in
Britain and Germany (pp. 1-26). Routledge.
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