BMP4002 Business Law: Analysis of the UK Legal and Employment Systems

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This report provides a comprehensive overview of the UK legal system for business, covering classifications of law, sources of law, and the UK law-making process with a focus on employment law. It defines laws and identifies the legal systems in the UK, explaining civil and criminal law classifications. The roles of the High Court and Supreme Court are detailed, along with case law and legislation processes, including delegated legislation. The report also discusses statutory duties of employers, wrongful dismissal, and unfair dismissal actions, highlighting key aspects of employment law and concluding with the importance of legal compliance in business operations. Desklib offers a wealth of similar solved assignments and study resources for students.
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Business Management
BMP4002Business Law
Assessment 1
Legal System for Business
Law
Submitted by:
Name:
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Contents
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Introduction 2
Part 1: Classifications of Law 2-3
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 2-3
a) Civil Law 2-3
b) Criminal Law 3
Explanation of the role of the following Courts in the English Legal
system 3-4
a) High Court 3
b) Supreme Court 4
Part 2: Source of law 4-5
Explanationof Case Law as a source of laws 4
Explanation of the process of making Legislation 4-5
The meaning and examples of Delegated Legislation 5
Part 3: UK law making process: Employment Law6-7
Statutory Duties of Employers to their employees 6
Wrongful Dismissal and Unfair Dismissal Actions 6-7
Conclusion 7
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Introduction
Business law is a legal process which is helpful to evaluate all the private and public law in
order to maintain or manage a systematic approach in the economy. Through this important
trench, all effective management of an organization can be implemented efficiently and it
also promote the revenue generation. It implies all conventions, treaties, agreements and the
other facilities. This also provides all necessary management and regulation through which al
cooperative practices can be generalized very smoothly within an organization. This report
will include the legal system in UK, legislation, sources of the law, classification of Supreme
Court and high court
(Barsalou, 2021).( Clopton and Lahav, 2021).
Part 1: Classifications of Law
Define laws and identify the respective legal systems in the UK
The law is its mandate and the principle of agreements and common law made by the higher
authorities and the government through their rights in Parliament and the rules that will
establish a binding agreement for the whole community and individuals. It is an essential
legislative body through which all social justice can be transferred and the principles of
governance and operational management. They had government officials who focused on the
legislative process where they could promote compliance with laws and regulations for the
effective functioning of Parliament. The UK has an unwritten constitution where it is not
fully paid. Therefore, all the meetings, resources and the policies palys a major role there.
Methods of judging laws by the common law. Apart from that the House of Commons
promote legal frameworks and are an integral part of the law- making process as the House of
Commons assists with the investigation and administration of legislation and commentary
using a debt- generating strategy ( Giddens, 2020).
Explanation with examples the following as means of classification
of laws in the English Legal system
a) Civil Law:
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Civil law is helpful to manage all the legal issues which are relate to the property and other
general rights of individuals regarding their dispute settlement for any property or an
organization. It includes the quotes such as family court, high court, supreme and country
court. It considers some major issues like breach or termination in contract, employment law,
property related matter and personal injury. Major settlement of these types of civil matter is
through injunction, damage, compensations, fine and other various factors and the remedies
that are being provided under it. In this, the standard of any proof is mainly according to a
probability balance which is being seen between individual and their working environment
( Harvey, 2020).
b) Criminal Law:
This law helps to protect the rights of an individual and their security measures so that no
humiliation or any types of illegal activity may occur in the community. This includes the
crown court and the Supreme Court where all major cases that can affect the quality of life of
the people are repair. UK regulates all such cases through the laws and regulations. Criminal
law considers having other LCs under the age of eight such as drugs, rape, murder, assault,
criminal intimidation and much more. The sentences imposed under these types of charges
are the same as the death penalty, imprisonment, fine or all. The work of witnessing is
beyond mere doubt in order to remove the domestic state of the home.
Explanation of the role of the following Courts in the English Legal
system
a) High Court:
It is second highest court in the England and the highest court in the field of criminal
justice, non- criminal and the other civil or family matters. This simply governs all the
binding agreements between the lower courts and the categories of other courts. It governs
three key categories namely the Queens bench, the family section and the Chancery court. All
queens judge are used to close one judge and two or more judges held under a section bench.
The Supreme Court ignores all the appeals handled by the lower courts and also raise an
effective functions aimed at the evaluation and performance process. Decisions of the high
court are seen as a prelude to legal and general law. All appeals for a Supreme Court decision
go to the Supreme Court for jurisdiction ( Hardy, 2021).
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Supreme Court:
Is has been consider a final court as it dealt all civil and criminal matter. It focused on
the equality, justice and other thing to imply their final judgment. There is not any type of the
discrimination is being seen as they focus on the public importance and awareness. It also
manages deal and the clarifying constitutional rights. The Supreme Court examines the
highest court of justice and is governed by state court Goldie the hearing of the final appeal is
made under it so that the decisions cannot be questioned and his last city is used.
Part 2: Source of law
Explanation of Case Law as a source of laws
Case law or general law or encompassing all laws and matters considered under the preceding
judgment. If any case falls within the jurisdiction of the judge attempts to investigate,
evaluate all the evidence, facts and issues raised and thereafter give effect to the judgment by
applying all the rules and regulation kept under it. It is evident that all of these conditions in
the season and the general manifestation of stare decisis are regulated under the litigation
rules. It include the legal report, transcripts, explanations and the official sites where all non-
co-judges are considered. All ames of judge and magistrates are affected under them. This is
the source of law that every law passed is applied. No law can question the rules and opinions
of a judge and all judgment and decision. It includes the judge simply handling all the rights
and errors and providing a general decision. All people shall be required to apply the decision
of the judge and all lower courts shall be required to ( Hashemi, Alavi and Masoudi, 2021).
Explanation of the process of making Legislation
Legislation includes the law enforcement and all administration of the Parliament and a new
legislative framework. In order to enacted law, the bill is passed by both houses where it is
introduced. All research changes, opportunity adjustments are made for areas and major
points. This includes the key issues with which the issues involved are dealt with. Once
royalty has been granted that it will be an act in every written bill. The law also promotes
legal and civil law and sets out legal and regulatory matters in a fair and just manner.
The meaning and examples of Delegated Legislation
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The law passed is mainly a subordinate law in which all legislative powers are vested
in other authorities. It means that all the spheres of government, ministers and other
technology have basic knowledge about the jobs. This is a legitimate tool in which all
relevant parliament coordination and scrutiny is mentioned. It incorporates a variety of
managers as it is a way to save time with the technical process and helps o mange the right
decisions to work with expert knowledge clearly a time saving process and also manages
expert information on all of Parliament’s mild responses to operational procedures. Extensive
control over all delegated rules includes ministerial orders, councils, regulations, laws and
much more. It is evident that Parliament is considering the expertise of law- making experts
in the vast majority of legislation passed as regard to the rules, regulations and by- laws. The
major application of that law during emergencies where the authority controls the power
exercised in it ( Janus, 2020).
Part 3: UK law making process: Employment Law
Statutory Duties of Employers to their employees
The employment act protects the legal functions in which all employees are treated in
order to employ all relevant laws and regulations in which the protection of worker’s
rights is governed by certain legal functions in practice such as:
All remuneration must be made in a timely manner which means that employees must
receive the fair remuneration and calculation as determined by the national minimum
wages law or under employment law which must not be of any kind. Discrimination
on the scale of leadership on the basis of gender or religion.
It is very important to manage employee hygiene protection which means that all
employers must take care of their employee’s hygiene and provide them a clean and
safe environment and all the products with which the product can be controlled in
terms of their working conditions. It applies to all workplaces where major concerns
are made.
There must be proper staffing for all layoffs, sick leave, maternity leave and all other
parental responsibilities to be provided to the employees in the military and no other
matters that may affect it and impact on the staff performance. It includes the
management of all leaflets in accordance with the government regulations.
The employment law must appeal to all the organizations by managing the system and
laws and regulations must be properly followed.
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There should be no form of discrimination on the basis of gender, race, sexual
orientation, color and ethnicity etc. it includes that there should be no form of
discrimination against their employees and there should be no issue of management
and the working environment.
Employers feel that they should have a responsibility to manage the training sessions
of all new employees and there are no industrial hazards and to manage all the
effective training methods provided to older employees in order to implement new
strategies and ideas ( Krakowski-White, 2020).
Wrongful Dismissal and Unfair Dismissal Actions
Unfair and wrongful dismissal actions are a significant concept that helps in providing
major areas related the breach of the contract that is made for an organization at their work
place. If any breach in a contract is being applied, then it is considers having the contractual
obligations through which the discharge can be seen. It avoids all termination of a worker
without any other agreement on the contractual terms. Major statutes of the employment law
and the statutory provision are managed with the government’s regulations. If there is any
discrimination with the employees then the workforce have the right to go the court, because
they should be served proper notice period for the all wrongful dismissal on the basis of sex,
religion, age and nationality.
Unfair dismissal is a practice that has been taken place in the organization with the worker
and for which there is not any justified reason for dismissal of an individual. It is usually
being taken place due to the flexible working request, issues regarding general actions, trade
unions and maternity leave etc. Major constructive dismissal in the al areas where there will
not be any type of choices being left with employer rather than the resigned are being
considered elite ( Sibunruang. and Namee, 2020).
An employment tribunal used to provide the three month time period in order to compensate
that person who has been affected by the unfair dismissal.
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Conclusion
From this report it can be concluded that the law provides for an order of the rights
and regulations where an appropriate protection and administration may be applied to laws
and regulations designed for the public. Business law governs the public and private law that
helps and regulate corporate performance. The UK has unwritten constitution where the
house of nations and royal houses meet with all principals and their actions. The issue of
crime has to do with every major impact on the individuals and their rights and safety. The
penalty for it is a fine, imprisonment and death penalty. In addition, it can be argued that
legislation play an important role in shaping legislation in Parliament with the help of the
introduction of laws-a bill between the two houses.
Reference
Barsalou, O., 2021. The United States and Human Rights Marginalization at the International
Court of Justice, 1945–1950. Journal of the History of International Law/Revue
d'histoire du droit international, 1(aop). pp.1-33.
Clopton, Z.D. and Lahav, A.D., 2021. Fraudulent Removal.
Giddens, T., 2020. Keeping up textual appearances: The UK road vehicles (display of
registration marks) regulations 2001. Law, Tech. & Hum.. 2. p.91.
Gray, J.A., 2021. At the Court of the Amir: A Narrative. Good Press.
Harvey, J., 2020. Tracking the international proceeds of corruption and the challenges of
national boundaries and national agencies: the UK example. Public Money &
Management. 40(5). pp.360-368.
Hardy, A., 2021. Social Science Use in Supreme Court Cases from 2013-2017. U. Cent. Fla.
Dep't Legal Stud. LJ. 4. p.71.
Hashemi, S., Alavi, S.M.T. and Masoudi, N., 2021. Basics of evaluating the role of the judge
in proving civil litigation. Islamic Law Research Journal. 22(53). pp.53-72.
Janus, E.S., 2020. Preventive Detention and the “Psychopath” US and International
Perspectives. The Wiley International Handbook on Psychopathic Disorders and the
Law. pp.69-85.
Krakowski-White, D., 2020. Stretching the Constitution: The Brexit Shock in Historic
Perspective. Can. L. Libr. Rev.. 45. p.26.
Sibunruang, C. and Namee, K., 2020, March. Identifying of Decision Components in Thai
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