BSc Business Law Assignment: UK Legal System and Employment Law

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This assignment, prepared for the Business Law module BMP4002 at the University of Bolton, delves into the intricacies of the UK legal system. It begins by defining law within the UK context, then proceeds to classify and analyze the two primary types of laws: criminal and civil. The assignment further distinguishes and explains the three distinct legal systems operating within the UK: England and Wales, Scotland, and Northern Ireland. It then explores the sources of law, outlining their hierarchy and providing examples. A significant portion of the assignment focuses on the impact of employment law on commercial organizations, detailing relevant legislation such as the Part-Time Employee Act, the Equality Act, and the Data Privacy Act, alongside the rights and responsibilities of employers and employees. The analysis highlights how these laws directly affect businesses, emphasizing the importance of compliance for efficient operation. The assignment concludes by summarizing the key aspects of the UK legal framework and its relevance to business management.
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BSC (Hons) BUSINESS MANAGEMENT WITH
FOUNDATION
SEMESTER 1, EXAMINATION 2021/22
BUSINESS LAW
MODULE NO: BMP4002
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ANSWER BOOKLET
All the pages of the answer booklet should be submitted including blank ones.
Please type your answers in the spaces provided.
Insert additional pages where required.
Student Name
ID Number
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INTRODUCTION
The common legislation and the commercial legal systems serve as the primary pillars under
which the Great Britain is administered. Such rules aid in assessing and defining a group's place in
community (Anderson, Chandy and Zia, 2018). The categorization of such legislation assesses an
individual's socioeconomic standing in the community. Public laws refer to the connection among
the government and an individual that specifies the obligations an individual has to the government.
Private laws cover how a human interacts with commercial businesses and organisations and how
that interaction affects their connection. There seem to be numerous legal resources that help to
categorise laws into different components. The main basis of law is legislative, which comprises of
several decrees, decrees, actions, and statutes that are carried out by the House. The process by
whereby a legislation is created or implemented in the legislature is created by the passage of a
proposal in the legislature. This study would discuss several categories of legislation, their origins,
and how the enactment of regulations affects businesses.
TASK
The UK Classifications of Laws
(i) Provide a clear definition of law within UK Context
A legislation is an action that is approved by the government and then is applied to the
nation's citizens. The House of Lords and the House of Commons are the two members of Britain
that generally make such laws. There is a precise and special process for enforcing a legislation on
individuals which must be performed lawfully in order to impose it on civilization as a whole
regarding a given subject or problem. The initial step in this method is the presentation of a
proposal into each House of Congress for consideration by the appropriate entities. Following the
debate, the individual law or ordinance is subjected to a thorough investigation and review before
being condensed into a concise report and approved by both chambers of legislature. Both houses of
parliament approve or authorize the conversation procedure after a succinct and critical analysis and
review that triggers the creation of legislation. The approval of this type of measure results in the
creation of legislation that is subsequently applied to the nation's citizens (Dierksmeier and Seele,
2020).
(ii) Define and discuss the characteristics of the two main classifications of laws in UK
Following are the two major categories of legislation in the United Kingdom:
Criminal law: This legislation pertains to a people's penal culpability and typically concerns
with how their unlawful history will be impacted. Among the most severe illegal crimes
include homicide, theft, marital killing, misdemeanour, commercial abuse, assault, rebellion,
and others. This legislation mostly comprises of severe and severe penalties including the
capital penalty and lifetime in jail. Additionally, it limits the people's freedom of movement
within certain global and domestic limits as well as in terms of his ability to transit and
commute.
Civil law: It is the body of legislation which primarily demonstrates a people's civil
responsibility in addition to confirm his place in community, typically by the imposition of
penalties and other restitution. The relationship among a citizen and another business or
political body is assessed by this statute. The civil law deals with issues relating to territory,
space, capital, possession privileges and standing, and transferable securities including
checks and securities.
(iii) Identify the three different Legal systems in UK
3 legislative systems predominate, and they are all controlled and approved by the Great
Britain. The 3 distinct legislative jurisdictions in the United Kingdom are those of Edinburgh,
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Northern Irish, and Britain and Cardiff. Cardiff and Britain have a same judicial structure. Because
of their unique cultures and history backgrounds, Scottish and Northern Irish have independent and
different legislative systems. Because of their unique and diverse historical and socioeconomic
standards, various judicial systems fluctuate. The regional restrictions and borders of such
legislative jurisdictions likewise make them distinct from one another. There are several rules and
statutes which are implemented and effective in certain areas but not in others. Because of this, the
Great Britain has 3 distinct judicial systems which are used to apply and execute the legislation in
various areas (Hampton, 2017).
The UK Source of law
(i) Identify and briefly explain the hierarchy of the principal sources of laws in the English
Legal System
The Constitutional of the nation, which imposes and executes numerous actions and
modifications for the legislation and discipline of the nation in addition to preserve harmony and
balance in community, is the ultimate authorities in the British legislative structure when it comes to
the application of the legislation. 2 separate regulations from the Center and Province accompany
the Constitutional that is the initial sequence of the foundation of legislation. The major purpose of
the Federal and Provincial legislation is to provide a comprehensive rationalization of the judicial
process and the functions of the authority in the nation. Legislation in the Federal region are put into
effect and made legitimate by the Federal administration, whereas regulations in the State region are
put into effect and made official by the Provincial authorities.
(ii) Explain the characteristics of the sources of laws identified above giving examples of each
Among the most significant and vital elements of justice is legislative, as well as norms,
regulations, ordinances, conventions, jurisprudence, and antecedents from earlier determined
instances. The following are some features of origins of legislation:
With the nation's continued upkeep of laws and justice, it likewise fosters harmony in the
community (Himawan, 2019).
The structure of this structure makes determining the statutory requirements extremely
challenging.
The nation's judicial structure upholds the principle of impartiality in an attempt to serve all
citizens equally, regardless of their tribe, ethnicity, age, or other characteristics.
It favours creating and preserving friendly relationships between community and the person.
The nation's judicial framework is both relatively flexible and constrained, with the ability
to grow in accordance with evolving regulations and legislation.
(iii) Discuss the impact of the respective laws on the multilingual organisation
Since dialect is regarded as a main impediment for any company when it comes to expanding
its company at the world stage, globalisation appears to be playing a favourable position for
corporate organisations in doing so. As a result, they must create a different multilingual division to
help them comprehend the needs and cultures of the regional markets. It additionally contributes to
the community through its work in the educational field that helps to educate individuals regarding
the diverse and varied cultures of the community. These linguistic diversity methods are useful in
resolving the legitimacy of a specific area or location. Therefore, it is essential for a company to
build linguistic practises for the development of classed dialects at a single location that aid in
identifying their authenticity in the cultural of the specific field. The result of the many rules on
linguistic formation is that it aids in the expansion and progress of a specific field by granting
recognition to the tribal group at the regional scale through the formulation of different regulations
pertaining to the varied cultural heritage of the area.
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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
It includes personnel legislation that regulates the relationship among employers and workers. It
is crucial to the efficient operation of commercial enterprises (Kader, Mulyatini and Setianingsih,
2019). It places increased focus on safeguarding workers' legal rights opposing companies. When a
worker signs a work agreement, some privileges are guaranteed to them under workplace
legislation that is seen as a helpful legislation. Since workers are regarded as corporate resources, it
is the responsibility of an owner to offer them with the necessities of life. This legislation is
considered to be more comprehensive and includes many aspects that are crucial for the smooth
operation of a firm. Workers are protected from things like salary minimums, racism, and
compensation equity for equivalent effort. It likewise includes a labour union's founding and de-
recognition. It is a combination of various laws, including the following ones, which are essential
for the efficient running of the company institution:
The Part Time Employee (Avoidance of Less Favorable Conduct Regulatory) Act of 2000 is
intended to protect part-time employees' privileges against companies who handle them less
favourably than their full-time counterparts.
The Equity Act of 2010 was passed with the intention of prohibiting prejudice in the
employment and throughout the hiring procedure. It established safeguarded attributes that
cannot be used as a factor in any employment choice (Levin, 2017).
Data privacy act of 2018 as this law that addresses how companies are required to secure
their workers' private details, is regarded as the most up-to-date legislation for businesses.
The Employee Protection Act of 1996 is an upgrade to workplace legislation that guarantees
the entitlement to parental leave, maternal leave, lawsuits for layoffs, and other benefits
while simultaneously protecting employees from unlawful termination.
The Equality Act of 2010 guards from prejudice at the employment and throughout the
hiring process. It outlines the protected qualities which aren't used as a deciding element at
business.
The United Kingdom state passed the Minimum Earnings Act in 1998 with the goal of
protecting workers' liberties regarding their corporations. The administration establishes
minimal earnings in this law that employers are required to compensate their employees.
These rates differ depending on the demographic categories.
For instance corporate enterprises are required to abide with rules that benefit both owners and
workers. A corporate organization's assets are its employees, and the success of this type of entity
relies on the efficient performance of its staff. Therefore, it is a responsibility of a company to
protect the rights of its employees. They both have the following rights and duties towards one
another:
Companies make sure that employees and contractors receive their pay in accordance with
the Federal Basic Salary Act (Madden, 2019).
Workers have the entitlement to a productive workplace, frequent provision of appropriate
and secure instruments for their jobs, and provision of health and security services to their
workers.
It is the responsibility of the company to clearly define the privileges and obligations of the
employee at the moment the job agreement is formed.
According to the law, workers are guaranteed the entitlement to sick time, vacations,
appropriate functioning equipment, etc.
They are protected from unlawful termination, charges of unemployment, and unfair treating
of part-time and full-time employees, among other things (Mekonnen and Larner, 2018).
CONCLUSION
The aforementioned research leads to the conclusion that Scottish and Irish were likewise
under the control of the United Kingdom legislative structure, in addition to Britain and Cardiff. As
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the fundamental and supplementary sources of legislation are essentially split into 2 parts in the
Great Britain. The common law that is also known as judge-made legislation and is a blend of
traditions and legislative norms, is the basis of the majority of the United
Kingdom legislative framework. Since a number of ordinances, norms, regulations, and directives
have been established and are referred to as laws, the Britain administration is placing more focus
on enacting the legislation. This document concludes with a discussion on employment law that is
seen as crucial regulations for a company organization's efficient operation. It essentially regulated
how companies and employees interacted with one another at office, as well as their privileges and
duties.
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REFERENCES
Books and journals
Anderson, S.J., Chandy, R. and Zia, B., 2018. Pathways to profits: The impact of marketing vs.
finance skills on business performance. Management Science. 64(12). pp.5559-5583.
Dierksmeier, C. and Seele, P., 2020. Blockchain and business ethics. Business Ethics: A European
Review, 29(2), pp.348-359.
Hampton, J., 2017. Contract and consent. A companion to contemporary political philosophy,
pp.478-492.
Himawan, A.F.I., 2019. Digital marketing: peningkatan kapasitas dan brand awareness usaha kecil
menengah. Jurnal Analisis Bisnis Ekonomi, 17(2), pp.85-103.
Kader, M.A., Mulyatini, N. and Setianingsih, W., 2019. MODEL PEMASARAN DIGITAL
MARKETING FB_Ads dan EMAIL MARKETING DALAM MENINGKATKAN
VOLUME PENJUALAN. Jurnal Ekonologi Ilmu Manajemen, 5(2), pp.299-305.
Levin, R.P., 2017. Commentary: Online Reviews and Other Digital Marketing Strategies. Journal
of periodontology, 88(2), pp.135-136.
Madden, T. M., 2019. Law and Strategy and Ethics. Geo. J. Legal Ethics, 32, p.181.
Mekonnen, A. and Larner, L., 2018. “Exclusivity Dared”: Impact of Digital Marketing on Luxury
Fashion Brands. In Digital Marketing Strategies for Fashion and Luxury Brands (pp. 165-
177). IGI Global.
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