BMP4002 Business Law: Analysis of UK Legal System and Law-Making

This report provides a detailed overview of the UK legal system, covering classifications of law (civil and criminal), sources of law (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, the process of making legislation including delegated legislation, and statutory duties of employers. The report further discusses wrongful and unfair dismissal actions, highlighting the rights of employees and the legal considerations for employers. The aim is to provide a comprehensive understanding of the legal framework governing businesses and employment in the UK. Desklib provides a platform for students to access this and many more solved assignments.

Business Management
BMP4002 Business Law
Assessment 1
Legal System for Business
Law
Submitted by:
Name:
ID:
Contents
0

Introduction 2
Part 1: Classifications of Law 2
Define laws and identify the respective legal systems in the UK
2
Explanation with examples the following as means of classification
of laws in the English Legal system 2
a) Civil Law 3
b) Criminal Law 3
Explanation of the role of the following Courts in the English Legal
system 3
a) High Court 3
b) Supreme Court 4
Part 2: Source of law 4
Explanation of Case Law as a source of laws 4
Explanation of the process of making Legislation 5
The meaning and examples of Delegated Legislation 5
Part 3: UK law making process: Employment Law 5
Statutory Duties of Employers to their employees 5
Wrongful Dismissal and Unfair Dismissal Actions 6
Conclusion 7
REFRENCES 8
1

Introduction
Law is defined as system of knowledge which are responsible for making rules and
regulations that helps in maintaining peace along with developing society. It is related
to establishment of rights and responsibilities for a person that could protect them
from crimes. Business laws are being developed in context to commercial practices.
In the United Kingdom, there are various laws which helps in maintaining law and
order in the country (Do and Wilson-Rogers, 2018). It has been analyzed that several
agreements, treaties, conventions and standards are implemented so that proper
laws could be maintained. Legislation play a very essential role in society for legal
ramification and practices. The following report has three part in which part one
describes classification of law, part second explains sources of laws and lastly part
third defines the law making procedure of the UK.
Part 1: Classifications of Law
Define laws and identify the respective legal systems in the UK
Law is defined as system which is associated with practices and customs
implemented by government of countries in order to maintain peace along with
discipline in the country. Laws are considered as important source of controlling
norms and regulation within nations. These are generally issued by superior
authorities such as government, Parliament and other legal consultants. All
government authorities are accountable for making well-being and laws in how to
accomplish along with promoting general law compliance in order to manage
Assembly properly (Mania, 2022). The constitution of the United Kingdom is
generally based on shared and constitutional laws. Constitutional law is defined as
collection of overall legislation such as House of Lords and House of Commons so
that certain laws could be established along with aggression by compliance.
Furthermore, there are various judicial precedents which are made by judges.
Explanation with examples the following as means of classification
of laws in the English Legal system
Within English Legal system, there are mainly two key sources of law which are
defined below:
2

a) Civil Law:
These laws are defined as those laws which are associated with possessions issues
and rights. This law makes sure that property rights of every person is protected
along with helping in managing the agreements conducted between people when
they make any contracts. This law helps in resolving conflicts along with applying
standard of proof which is constructed on concept of profitability balance. The vital
courts that are included in civil law comprises of Family court, High Court and
Highest court. This law is mainly concerns with contracts, property and total service
terms along with injury of a person caused through properties (Currier, Eimermann
and Campbell, 2020). Some remedies which are accessible under civil law include
compensation, damage, fines and injunctions.
b) Criminal Law:
This law is essential order that helps in organizing safety of a person along with
protection of rights related to citizens. The main accountability of this law is to
maintain order, law and peace in society along with protecting nations from all types
of humiliation as well as prejudice. The burden of proof in these laws are based on
presumption of innocence as well as general functioning and nature of society. High
court, Supreme court, Juvenile court and Crown Court are some authorities which
take decisions associated with criminal laws. In this law, the penalties include death
penalty, imprisonment and other fines. Some crimes which are covered in this law
are murder, narcotics, rape, assault, criminal intimation and other severe crimes.
Explanation of the role of the following Courts in the English Legal
system
In every nation, courts are considered as very essential part for maintaining law and
order. The most essential courts of the UK are explained below:
a) High Court:
This is the most important court in the United Kingdom with second highest appeals
court in England. This court deals with criminal, family issues, non-criminal and civil
cases. There are several subordinate courts that are considered under this court
such as Chancery Court, Queen’s Bench, Family Division and others (Korica and
3

Zarubica, 2021). The Queen’s Bench possess with single judge who are responsible
for handling all cases but the division benched consist of two or more judges. Overall
appeals from subsidiary courts are handled by High Court and its decisions are
considered as compulsory in secondary courts. These courts help in managing
shared rule by assisting legal leaders in their responsibilities. For other jurisdictions,
petitions from High court shifted to Supreme Court.
b) Supreme Court:
These courts are considered as highest legal authorities that are accountable for
taking decisions related to criminal and civil cases. They mainly focus on problems
related to public such as justice and equality with main aim of avoiding crime in
country along with introducing favorable judgement that could possess future
impacts (Jun, 2021). They help in raising public awareness which results into making
of constitutional rights. These courts are responsible for taking all type of cases
along with establishing judgement. The fundamental aim is to create rulings which
could have long lasting impacts on the country.
Part 2: Source of law
Explanation of Case Law as a source of laws
Case law is also called as judicial or common laws which is considered s body of law
that provides judgement. The main aim is to provide all enforceable regulations and
judgements. Case law is developed when judges implement their judgement and
general regulations as well as rules in every case. After evaluating facts, problems,
evidences elevated by parties, judges would provide an accurate judgement that
would make a milestone report which are applicable on all secondary courts (Yang,
2021). This assist in sustaining decisis notions which are applicable and make sure
that people follow their decisions. Judges write all transcript, legal report and
descriptions so that specifics could be enforced related to judgement. Common laws
are defined as judge-made law and it has important role in some main legislations in
the UK. They mainly focus on imparting in society proper understanding of what is
wrong and right in context of judgement along with applying organization with
decision making from overall crimes could be reduced or eliminated.
4

Explanation of the process of making Legislation
All law making is established by legislations with main aim of maintaining law and
order in the country. Overall laws of the UK are shaped and passed completed the
bill, in which House of Lords and House of Common take participation. The bill is
then implemented and subjected to make clarification where first achievable to all
related in session. Furthermore, specific gaps, adjustments and modifications would
have implemented to make sure that it is properly enforced. There would be a vote of
overall members on certain adjustment and modifications that are being executed for
civils so that bill could be handled. In order to implemented Act, the main problem
and certain factors are being taken into deliberation (Anagnostopoulou, 2018). When
agreement happens between both chambers on bill than it is forwarded to the Queen
so that royal approval could be taken and when it has been provided royal assent, it
is appointed and becomes an act that is being implemented to overall members of
country. This would have passed as legislation that might possess certain impact on
society and could be binding on overall parties included.
The meaning and examples of Delegated Legislation
Delegated Legislation is passed by government minister who is a delegated
individual in the United Kingdom. This legislation is utilized for broad range of aims
such as setting date on which an Act of Parliament would be implemented.
Delegated legislation could have several kind of forms, each with diversified
utilization. Order in Council are created by Queen as per advice provided by the
Privy Council (Wu, 2019). For example, of this is bringing into force emergency
powers to be implemented by Ministers. Order of Council are created by Lords of the
Privy Council which are utilized for regulation of professional individuals. Delegation
is important because Parliament possess very much pressure which must be
delegated in order to operate smoothly.
Part 3: UK law making process: Employment Law
Statutory Duties of Employers to their employees
5

The Employment Act of 1996 implemented several legislations of workers towards
their subordinate while they were employed in a company. There are some
legislation which are defined below:
 All companies must focus on conserving hygiene of workplace by giving
overall medical and healthcare services along with providing them safe
environment.
 All wages must be paid to employees on time and no discrimination should
occur on the basis of caste, gender, color, sex and other factors. There must
be no worries related to payment or wages under National Minimum Wage
law.
 All types of leaves such as sick leave, maternity, redundancy must be
provided to employees by their employers (Putra, Istislam and Widiarto,
2020). Workers must not be terminated according to Employment Law Act of
1996 associated with process and leaves.
 All employees in an organization must be treated equally and should be
provided salaries according to their performance rather than gender.
 All new candidates who have united government and present employees
must attend a training program in order to make sure that no misshaping
occur in the company.
Wrongful Dismissal and Unfair Dismissal Actions
Wrongful dismissal and unjust dismissal are important thoughts that are related with
decisions of employers that are being made by them in unfair manner. This is
generally a breach of contract occurs between employers and employees. Wrongful
dismissal happens when a worker is being fired from their company without providing
them needed notice time period (Veldman, 2019). According to Employment Law Act
of 1996, overall workforce must be provided with proper notice time period before
terminating them. Workers in such instanced possess rights to seek for
compensation in court. On the other hand, Unjust dismissal described as unfair
practices that workers and companies have determined in workplace and for that
organization does not possess any justifiable right to terminate workers. This can be
because of supple employed hours, motherhood leave and other situations that
might results in unfair dismissal.
6

7

Conclusion
From the above report it has been evaluated that law provide citizens of country
rights along with giving them safe environment by mitigating possibilities of crime.
The main aim is to provide good behavior among people. Furthermore, it has been
evaluated that service law is vital that helps in protecting rights of employees in the
society along with focusing on giving equal opportunities to employees in an
organization. The business laws also focus on providing safe and positive workplace
environment.
8

REFRENCES
Books and Journal
Anagnostopoulou, D., 2018. Electronic Contracts and E-Mediation in EU Law: Time
for the EU to Extend E-Mediation for the Benefit of SMEs in B2B
Transactions?. European Business Law Review, 29(6).
Currier, K.A., Eimermann, T.E. and Campbell, M.S., 2020. The study of law: A critical
thinking approach. Wolters Kluwer Law & Business.
Do, C. and Wilson-Rogers, N., 2018. ‘BUSINESS, LAW AND REGULATION’: A
MODEL FOR DEVELOPING ‘CRITICAL THINKING’SKILLS IN FUTURE LAW
GRADUATES. The Future of Australian Legal Education, pp.229-254.
Jun, Q.I.N., 2021. Article on the Legal Basis of US Business Interests Groups
Promoting the Trade War Against China. Financial Engineering and Risk
Management, 4(6), pp.12-16.
Korica, S. and Zarubica, S., 2021. Competent and professional performance of
insurance business as a part of the protection of the rights and interests of
insurance service users. Pravo-teorija i praksa, 38(4), pp.75-86.
Mania, K., 2022. Legal Technology: Assessment of the Legal Tech Industry’s
Potential. Journal of the Knowledge Economy, pp.1-25.
Putra, H.K., Istislam, I. and Widiarto, A.E., 2020. Legis ratio of minister regulation
arrangement in law number 15 of 2019 about the amendment to law number 12
of 2011. International Journal of Research in Business and Social Science
(2147-4478), 9(3), pp.182-190.
Veldman, J., 2019. Boards and sustainable value creation: The legal entity, co-
determination and other means. European Business Law Review, 30(2).
Wu, T., 2019. Will artificial intelligence eat the law? The rise of hybrid social-ordering
systems. Columbia law review, 119(7), pp.2001-2028.
Yang, J., 2021, February. Research on the Influence of Business Administration on
Enterprise Transformation. In 2020 International Conference on Modern
Education Management, Innovation and Entrepreneurship and Social Science
(MEMIESS 2020) (pp. 139-141). Atlantis Press.
9