BMP4002 Business Law Report: Classifications, Sources, UK Law Making

This report provides an overview of the UK's business law, including the classifications of law (civil and criminal), sources of law (case law, legislation, delegated legislation), and the UK law-making process. It details the statutory duties of employers, covering aspects such as employment contracts, minimum wage, working conditions, and dismissal procedures (unfair and wrongful). The report also examines the roles of different courts, including the High Court and the Supreme Court, in administering justice and interpreting the law. Desklib offers this and many other solved assignments for students.

BMP4002 BUSINESS LAW
REPORT

TABLE OF CONTENTS
INTRODUCTION...........................................................................................................................2
PART 1: CLASSIFICATIONS OF LAW.......................................................................................2
Law and Legal systems................................................................................................................2
Classification of Laws.................................................................................................................2
Role of Courts..............................................................................................................................3
PART 2: SOURCES OF LAW........................................................................................................4
Case Laws....................................................................................................................................4
Legislation making process.........................................................................................................4
Delegated Legislation..................................................................................................................5
PART 3: UK LAW MAKING PROCESS......................................................................................5
Statutory duties of Employers.....................................................................................................5
Dismissal......................................................................................................................................6
CONCLUSION................................................................................................................................7
REFERENCES................................................................................................................................8
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INTRODUCTION
Business law refers to the sets of rules and regulations which is formed by the constitution
of nation. This business laws are concerned with the business activities (Askew, and Bone,
2019). The aim of formulation of law is to provide justice and resolve the conflicts faced by
organization or customer of nation. The law is formed to punish the victim who break the rules
and regulation.
The present report will examine the laws of legal system in UK and what function or
roles played by the courts of nation in order to decrease the crime rate in the country. The study
will shade light on what are sources of laws and their process as well as highlight law making
process of United Kingdom.
PART 1: CLASSIFICATIONS OF LAW
Law and Legal systems
Law refers to the system of rules and regulation formed by the society as well as representative
government to the country in order to deal with crimes as well as criminals. Law consists of
several actions for example imprisonment and penalties. The norms are formed under the
constitution is imposable to every citizen of the particular country. Different nation has different
sets of laws.
The UK does not work within individual legal system because laws were created by
political union of nations. UK legal system is bifurcated into three separate parts i.e. England and
Wales, Northern Ireland and Scotland. These laws of United Kingdom are executed as per the
geographical region (Damerell and Waldron, 2019)
Classification of Laws
Law of United Kingdom is separated into two parts which will be elaborated as follows:
a) Civil Law:
It refers to the rules and regulation formed to solve the disputes between individual
person and the administration as well as between parties. In civil offence if one person proved
guilty then that individual become liable for compensation instead of imprisonment. Usually
civil law consists of statement or opinion associate to commercial enterprise (Partington, 2021).
The cases of civil law are filed by the private parties. Here the examples of civil law such
individual harm, failure of agreement, Occupation tribunals, negligence are fought.
b) Criminal Law:
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Under this legal system the law is concern with the criminal offences that affect the
society in negative manner. The law deliver justice to the people of nation by investigate whole
crime. Any individual breaks the criminal laws of the country then that person supposes to face
criminal action at law by the government (Wijesinghe, 2018). Convicted person may receive
imprisonment or have to pay fine or punishment services against crime. Criminal harm, sexual
assault, slaying, manipulation, wealth laundering, drug transaction are the examples of criminal
law.
Role of Courts
The court plays essential function in providing justice to the people of nation. The court
give assistance in identifying conflict between parties and take legal actions against that
particular crime.
a) High Court:
The high court of UK heard the issues of civil cases and appeals of decision made in
lower judicature. The high court of English legal system is bifurcated into three divisional parts
which are as follows:
1. Queen’s Bench Division: in this court more than 70 judges present in lawsuits. This
judiciary deal with statement and civil wrongs cases. Queen’s Bench Division is
concerned with other courts such as commercial, technology/construction,
commercialized, government department, administrative, planning tribunals.
2. Chancery Division: along with head of the high court around 18 judges handle the cases
(Rackley and Auchmuty, 2018). The court heard the lawsuits related to company law,
business partnership assertion, conveyance of title, land law, certification, bank
insolvency, copy rights and tax revenue cases.
3. Family Division: this court deal with issues which are related to the family law, children,
divorce, domestic violence, adoption etc. The cases are analysed by the head of the court
along with approx. 19 judges.
b) Supreme Court:
The supreme court is the final court of appeal for the local persons of nation. The tribunal
play leading function in modifying the rules and regulation of country. The court is considered as
final house of lords. It is the superior court in England, Wales, and Northern Ireland (Hanretty,
2020).
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PART 2: SOURCES OF LAW
Case Laws
The term case law can be defined as those decisions or rules which are derived directly
from the ruling decision of any case i.e. these laws are not written in any constitution. This
source of law is exchangeable with common law. Case law gives assistance in providing
guidance to the judge.
Legislation making process
In order to make law, draft need to be passed from several stages. A bill which is defined
as a draft which include cases and title of making law (Lee, 2017).
 First Reading: It is represented as formal stage where, there is no debate about the bill
and the title and reason of making the law is mentioned (Mitchell and et.al., 2017)..
 Second Reading: Government opens the debate for the setting out the case and
provisions of bill and opposition responds with their views on it thus ensuing discusses
(Koch, 2018).
 Committee Stage: In the commons, this process is to be carried out by the committee of
MPs which reflects as a strength of the parties in house (Making laws: House of Lords
stages, 2021). Committee of common can take the oral and written evidence of the bill.
 Report Stage: Both the houses take a place in the chamber and only amendments will be
discussed (Rackley and Auchmuty, 2018).
 Third Reading: At the third reading there is another voting is to be conducted for making
further changes (Johnston, 2017). Further, the house need to decide whether this bill need
to do some amendments or can proceed for the becoming law.
 Later Stage: Here both the houses need to agree on the text of the bill before it can
become an act (Harvey, 2021). Moreover, if bill gets amendments in the second house
then it must return to the first house can agree or disagree with the amendments. In this
way till the both houses are not satisfied, bill will pass between these two houses.
 Royal Assent and Beyond: Once the bill passed from both the houses then it is necessary
to given royal assent in order for it to become law (Fisher, 2018).
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Delegated Legislation
Under the Delegated Legislation, delegate word means an individual chosen by the public
with the help of election or voting system whereas, legislation means making of laws, bills and
legal document.
Delegated legislation is a law that is not passed by a legal instrument of the legislative
assembly but allows people or group who have special power to make changes to a law. This law
is controlled by the legislative assembly and the governing body of a country (Strickson and De
La Iglesia, 2020). It can be held questionable by the court.
Examples:
The illustration of delegated legislation is the emergency powers that are exercised by the
governing authorities.
Under the Income Tax Assessment Act 1936(cth), the executive of revenue enhancement may
find out by legislative assembly which remuneration of taxation are required to lodge an income
tax return. Under A New Tax System (Goods and Services Tax) Act 1999 (Cth), the administrator
of tax revenue may form certain changes in order to identify to how much GST is collectable on
taxable importations. The commissioner can make modification because the responsible person
has ability to develop certain rules and regulation.
PART 3: UK LAW MAKING PROCESS
Statutory duties of Employers
 Legislation is the primary source of employment law. All the rights are included in the
contract of employment (Wells and Gibson, 2017).
 Employer should provide the written terms in employment contract which include about
the notice period, leaves, deduction amount etc.
 Employer must pay at least nominal wages. Moreover, the amount of remuneration is
usually matter of contract between employer and employees. In addition to this, every
employee of adult workers is liable to pay minimum €9.15 per hour.
 Employer must provide the payslip which has detail breakdown of deduction, actual pay.
 Employer need to provide the adequate rest period to the employee in which 15 minutes
for every 4 hours and 30 works (Cherry, 2017). If worker is continuously working for 6
hours than it required to take 30 minutes’ break.
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 In addition to this, employer need to provide sufficient leaves or paid holiday on the basis
of employment type. Moreover, it also includes sick leaves (paid or unpaid).
 It is required for the employer to give at least one week notice for dismissal as if
employees are with the company for the minimum one month and less than 2 years.
Moreover, two-week notice is to be provided when continuously working for the 2 years.
 Employers must keep 48 hours’ average working weeks (or unless as per the mutual
agreement in writing).
 Employer must provide safe, hygienic and clean working environment which include
pure drinking water, protective clothes and first aid box. Moreover, every employer has
statutory duty to care for their employees in order to ensure workers safety.
 Employer has a statutory duty to adopt some practices which include continuous risk
assessment to maintain the safety statement and also some provision need to be made for
clean toilet and washing facility.
 Employees need to consult with the staff related to the health and safety issue.
 Employer must not put overburden on the employees beyond their optimum level. Both
the party need to decide mutually the working hours (Askew, and Bone, 2019). If
employer is forcing to work beyond that it is required to pay extra salary.
 employers must provide the paid holiday to all the employees which include part time,
full time, temporary and casual basis. As most of the employees deserve per year 4 weeks
paid leaves. Moreover, the part-time employees are entitled to calculate 8% of the total
hours worked and the maximum is 4 working weeks per leave.
 The fundamental relationship between the employer and employee is to be maintained the
mutual respect, confidence and trust.
Dismissal
Unfair dismissal
Unfair dismissal is a legal right under the employment act which means employee is
entitled to regardless what their contract states. Moreover, for the employee to take unfair
dismissal claim, required to continuous work for 2 years and also make sure that 2 limb test has
not been satisfied. Two limb test includes fist limb is related to the five reasons for dismissal
which are listed under the ERA. It includes the capabilities, statutory, redundancy, conduct,
illegal and some other reason (Arrowsmith, 2018). Moreover, if employees are not dismissed for
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any of the above reason than the dismissal will be represented or deemed to be unfair. The
second limb is related to the employer's conduct or whether dismissal is resalable or fair as per
the circumstances. Here there are some consideration is taken such as resources and size of the
employer, fair process is to be followed in dismissal from the employee’s point of view. In
addition to this, the fair dismissal is covered under the bond of reasonable response available to
the employer. If any one of limb gets failed than the dismissal will be deemed as unfair.
Moreover, if dismissal is happened anyway with the fair reason then the amount of the
compensation may get reduced accordingly.
Wrongful dismissal
Wrongful dismissal has taken place due to breach of contract by the employer. There are
many types of breach of contract includes breach of terms of notice period (whether it is implied
or expressed), termination of contract for fixed term or specific task before it gets expired.
Moreover, it also includes the breach of redundancy procedure. A wrongful dismissal claims or
damaged scan be demanded from the employment tribunal within the 3 months from the data of
employee’s termination. In addition to this, employees who is running out of time to demand
claim then further action can be taken in civil court and also extended six-year limitation period
has been applied. Employees can claim amount up to 25000 which is decided by the statutory
(Arnell, 2019).
CONCLUSION
This report has analysed different types of law which include civil, criminal etc. government
provide the safety and healthy environment from the exploitation and other malpractices.
Moreover, UK follows the two law that is civil and criminal. All the cases have to be resolved by
the high and supreme court. Further, there are some stages which need to follow to make the new
law in which bill has been passed than some change will be done as per the requirement. In
addition to this, some statutory duties of employer have been discussed which are related to
provide safety and healthy work place to their employees. At the end, wrongful and unfair
dismissal has been analysed to make sure that employees are not get exploited.
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REFERENCES
Books and Journal
Arnell, P., 2019, April. Extradition and mental health in UK law. In Criminal law forum (Vol.
30, No. 3). Springer.
Arrowsmith, S., 2018. The Law of Public and Utilities Procurement Volume 1 & 2: Regulation
in the EU and the UK. Sweet and Maxwell.
Askew, R. and Bone, M., 2019. Deconstructing prohibitionist ideology: A sociocognitive
approach to understand opinions on UK drug policy and the law. International Journal of
Drug Policy. 74. pp.33-40.
Cherry, M.A., 2017. The sharing economy and the edges of contract law: Comparing US and UK
Approaches. Geo. Wash. L. Rev.. 85. p.1804.
Damerell, P. and Waldron, T., 2019. UK perspective. In SEPs, SSOs and FRAND (pp. 149-170).
Routledge.
Fisher, E., 2018. Law and Energy Transitions: Wind Turbines and Planning Law in the
UK. Oxford Journal of Legal Studies. 38(3). pp.528-556.
Hanretty, C., 2020. A court of specialists: Judicial behavior on the UK Supreme Court. Oxford
University Press, USA.
Harvey, D.J., 2021. Should loot boxes be considered gambling or can Self-Regulation and
Corporate Social Responsibility solve the loot box issue? A review of current UK law and
international legislation. Interactive Entertainment Law Review. 4(1). pp.48-62.
Johnston, A., 2017. The shrinking scope of CSR in UK corporate law. Wash. & Lee L. Rev., 74,
p.1001.
Koch, I., 2018. From welfare to lawfare: environmental suffering, neighbour disputes and the
law in UK social housing. Critique of Anthropology. 38(2). pp.221-235.
Lee, J., 2017. Striking a fair balance in UK takeover law: market interests, power of regulation,
and enforcement. European Business Law Review. 28(6).
Mitchell, C. and et.al., 2017. Exploring the potential duty of care in clinical genomics under UK
law. Medical law international. 17(3). pp.158-182.
Partington, M., 2021. Introduction to the English legal system. Oxford University Press.
Rackley, E. and Auchmuty, R. eds., 2018. Women's Legal Landmarks: Celebrating the history of
women and law in the UK and Ireland. Bloomsbury Publishing.
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Strickson, B. and De La Iglesia, B., 2020, March. Legal judgement prediction for uk courts.
In Proceedings of the 2020 The 3rd International Conference on Information Science
and System (pp. 204-209).
Wells, D. and Gibson, H., 2017. OSINT from a UK perspective: Considerations from the law
enforcement and military domains. Proceedings Estonian Academy of Security Sciences,
16: From Research to Security Union. 16. pp.84-113.
Online
Making laws: House of Lords stages. 2021. [Online]. Available through
<https://www.parliament.uk/business/lords/work-of-the-house-of-lords/making-laws/>
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