Business Law Report: UK Legal System and Employment Law

This report provides a comprehensive analysis of the UK legal system, encompassing its foundations in common law, equity law, and the classification of law into public and private domains. It explores the sources of law, including legislation, case laws, and secondary sources like textbooks and legal ...Read More

Business Law
TABLES OF CONTENTS
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INTRODUCTION.........................................................................................................................................................3
TASK..............................................................................................................................................................................4
CONCLUSION..............................................................................................................................................................7
REFERENCES..............................................................................................................................................................9
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INTRODUCTION
Business law is also known as commercial law , originates with the help of agreement,
International Convention etc. It is based on the common law of England and Wales. It provides
the widest protection to the citizen to secure their right. In order to expand the business in the
United kingdom, company is required to comply with the procedure defines under the law. The
company law of 2006 , defines the features of various types of companies, and comes into force
through proper legal procedure that are defined by the legislative body (Cejnar and Duke, 2018).
The formation and incorporation of business is governed by the statute and various sources of
law. The business law defines the mode and ways to carry out the business activities to earn
profit. This report will analyse the UK legal justice system and various sources of law. Further, it
will analyse the characteristics and definition of law in the UK.
TASK
The UK Classification of Law
The UK common law is an outcome of International Convention, treaties, agreement and
various sources of law. The UK legal justice system is based on the common law originates
through custom and usage of long practices. The common law simply means the law which is
commonly applied. The common law is uncodified law that is based on the judge made law. The
classification of law is done to categories the several broad areas of law that are used to
administer the citizen in the country. However, the classification of law is categories in many
ways:
 Common law : The common law is a judge made law that derives through custom and legal
precedent. The common law system is administered by the King’s Court which is also
known as equity court to take discretionary measures and remedies to impart justice to the
citizens (Jacobsen, 2020). The UK legal justice system does not have written constitution
and administer all the activities of the country according to the decision taken by the
monarch, a king and queen who are the head of the state.
 Equity Law: The equity law drives from the common law to apply the principle of natural
justice. The chancery Court is responsible to provide legal remedies to the citizen to ensure
fair and reasonable justice in the country.
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 Public Law: It shows the relationship between the individual and state. It provides wide
areas of protection to ensure security and safety of the individual. It includes criminal law,
administrative law, constitutional law etc. It defines the rules and regulation to govern the
country and promote the benefit of the citizen.
 Private Law: It deals with the relationship between an individuals to perform certain rights
and obligation defines under the contract (Dowlatkhah, 2018). It includes property law,Law
of Tort, Family Law etc. It aims to secure the general interest of the parties to the contract.
However, private law provides the remedies and damages for the breach of the right of the
individual.
 Civil Law: it is based on the doctrine of jus civile to protect the rights of the individual. It
lays down the rights and duties of the individual and settle the dispute arises due to breach of
duty.
 Criminal Law: it provides mechanism to administer the peace and security of the nation.
Criminal legal justice system defines the rules and regulation to prohibit the criminal
activities and punish the offenders.
Definition of Law
Law is defined as set of rules and regulation that are required to maintain security in the
society. It is a wider term that is used to administer all the activities of the nation through
legislative body and enforcing the rights of the individual. Law is evolved by the International
Convention, treaties, agreement and various sources of law to decide the matter . The Court are
enforcing body that advantage the people to secure their interest and faith on the judiciary.
The definition of law has been performed many function are mentioned below:
 It maintains security and safety of the individual
 It protects the fundamental right of the individual
 It ensure the economic , social and political welfare of the nation.
Identification of three different Legal System in UK
The UK legal system has been categorized into three parts and performed distinctive
jurisdiction includes:
 England & Wales
 Scotland
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The United Kingdom does not have their own written constitution and governed by the
monarchy system of government. The decision of each jurisdiction has been exercised according
their own legal court system and applied the legal precedent to decide the cases.
The UK legal system is unique in itself and perform various roles and functions to
prevent violation of fundamental right of the individual and impart justice in the country
(Frosini, 2019). The three different legal system of the UK is known as self contained legal
system to enforce the law and establish the court system to govern the nation.
2. The UK Source of Law
The English legal system is formed to analyse the role of legislative body as they are
considered as the important sources of law. The sources of common law are the International
Convention, treaties, legal precedent , custom and usage etc. The UK legal justice system is
based on the judge made law and has uncodified law.
Hierarchy of the Principal Sources of laws in the English Legal system
The sources of Law is developed through continuous practice of custom and usage and
identifies by the legislative body it as the law . The sources of law are categorized into three
parts are:
 Primary Sources of Law includes sources comes from the official instruments such as
treaties, court decision, regulation etc.
Legislation : it is the Parliament and statutory instruments such as statue that are responsible to
make law for the nation to govern all the activities of the nation ans secure the right of the
individual.
Case Laws: it is known as the legal precedent that are decided by the higher court and are
binding on the lower court to decide the matter accordingly (Gray, 2021). These legal precedent
plays major role and acts as a sources of law in the English Legal system.
 Secondary Sources of Law: it has been treated as persuasive and can be consider by the
court to decide the matter but court is not bound to apply these sources.
Textbooks: it is summarized form of legal documents. It covers wide areas of legal subjects in
order to assist the court to decide the legal cases.
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Legal Encyclopedia: it plays significant role in analyzing the law as it is supplement to the
updated legal cases . It provides legal information and ensure availability of legal sources in the
English legal system.
Legal Dictionary: It helps the court to interpret ate the legal terminology in more appropriate
manner to avoid ambiguity and arbitrariness.
Impact of the respective laws on the multilingual organisation
English legal system provides formalized legislation to identify the working language in the
organization to understand the behaviour of the employees. The UK is known for its diversifies
and cultural society to bring changes in the society. The development of various legislation is
made to use different language for the creation of new ideas to increase the interpretation of
multilingual interpretation and application of such language in the organization. Language policy
has been framed to bring changes in the language behaviour of the individual in the country. In
relation to language policy, planning has been made by the government to set up an institution to
administer the changes within the organization. The standardization of language is necessary to
reflect norms, practices, culture and value in the respective organization for effective
administration of all the activities within the organization.
3. Employment Law: The UK employment law is based on the law of equity to administer all
the activities within the organisation. It provides wide range of protection to the employer and
employees to build strong relation within the organization. It plays significant role to legislate
the law to ensure rules and regulation to govern the activities in the organization. The
employment law enacted to safeguard the general interest of the employer and protect them from
various kinds of discrimination (Hardman and Santos, 2022). It provides equal treatment of
employees in relation to salary, working hours, holidays, paternity leave and restrict the unfair
practices with the employees. It aims to harmonies peace and safety within the organisation so
that motivated employees contributes in the success of the organization.
There are important legislation has been under the employment law are discussed below:
 Employment Rights Act, 1996
 National Minimum Wages Law of 1998
 Employment Relation legislation of 1999
 The Equity Law of 2010
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The main objective of employment law is to prevent discrimination , promote health and safety
of the employees and establish minimum standards of living to improve the quality of life. The
employee satisfaction is necessary to achieve the target of the organization. These rights
available to employees to achieve the desired result from them. The UK Legal justice system
provides remedy to the employees from the infringement of their right. It is very complex and
protect both the company and employee as well. It is very complex and protect both the
company and employee as well. It helps to bring together to the employer and employees. It
avoid discrimination of any kind on the basis of caste, sex, religion , place of origin etc. The
main source of law such as International Convention aims to ensure right to equality and equal
protection of law to the employees so that they can contribute in achieving the goal of the
organization.
Therefore, the employment law outlines the rights and responsibilities of the employees created
out of the employment contract that defines the terms and condition of the agreement and bind
the parties to perform the contractual obligation.
CONCLUSION
From this above report, it has been concluded that UK legal justice system ensure wide
range of protection to their citizens in order to secure their rights. The unwritten constitution
enhance the power of the legislative body to govern the country according to the judge made
law. The International Convention and treaties plays crucial role in the English Legal system to
acknowledge the custom and practices for the administration of the nation. Therefore, the
common law is based on the principle of equity law which is required to impart justice ans
ensure safety and peace in the society
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REFERENCES
Books and Journals
Cejnar, L. and Duke, A., 2018. Competition and fair trading practices in the higher education
sector: A comparative review of the position in the UK and Australia. ECLR: European
Competition Law Review, pp.31-36.
Dowlatkhah, P.P., 2018. Explaining Legal Standards for Police Stop and Inspections in Legal
Systems in Iran, UK and America.
Frosini, J.O., 2019. Splendid Isolation or Open to the World? The Use of Foreign Law by the UK
Supreme Court. In Judicial Cosmopolitanism (pp. 29-68). Brill Nijhoff.
Gray, J., 2021. Reform of the Mental Health Act in the UK. The Lancet Psychiatry, 8(8),
pp.652653.
Hardman, J. and Santos, G.R., 2022. Empirical evidence for the continuing need to'think small
first'in UK company law. European Business Organization Law Review.
Jacobsen, H.M., 2020. Accelerated Payment Notices and Follower Notices in the UK: A
Affront to Justice?. Intertax, 48(2).
Kooshshkar, R. and Ghasemi Ahde, V., 2019. methods in Iran and UK legal system have been
comparatively investigated. Journal of Civil Law Knowledge, 8(1), pp.42-57.
Rogge, E. and McGinley, O., 2022. The Competing EU and UK Influence on Corporate
Governance in Ireland Following Brexit. Business Law Review, 43(3).
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