BMP4002 Business Law: Report on the UK Legal and Employment Law

This report provides an overview of the UK legal system in the context of business law, covering classifications of law such as civil and criminal law, sources of law including 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 legislation, and the concept of delegated legislation. Furthermore, the report delves into the statutory duties of employers to their employees, wrongful dismissal, and unfair dismissal actions, offering a comprehensive understanding of the legal framework governing businesses in the UK. Desklib provides access to similar solved assignments and resources for students.

Business Management
BMP4002Business Law
Assessment 1
Legal System for Business
Law
Submitted by:
Name:
ID:
Contents
0

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

Introduction
Business law is based over making business organization formed in more
effective manner. These laws help in dealing with those aspects making business
process completed in more effective manner. Further, business law provides upon
making goals and objectives achieved in more effective manner. Business law
provides appropriate structure which makes business organization function in
appropriate manner. Further business law uses various laws that help in making
improvement done within various process of business. Also the law has wider scope
in relation to working of business organization. Nature is dynamic since it helps
business to progress in more effective manner. Further the file is based over
concepts of law in relation with legal system within United Kingdom. Then sources of
law has been covered with employment laws and duties of employer towards
employee is covered with unfair dismissal.
Part 1: Classifications of Law
Define laws and identify the respective legal systems in the UK
Law mean best disciplinary actions help in developing legal structure within a
country. These are recognized in relation to societal activities which tend to harm
basic structure of society (Willink, 2021). Law consists of legislation, acts and
sections that lead towards forming legal structure in order to maintain law and order
within society. Laws are based upon issues within which three organs of government
requires to interfere. This organ has provided rules and regulations which helps in
structuring legal perspective within a country. Within the legal system of United
Kingdom there are two main laws which have been developed that is civil and
criminal law.
Explanation with examples the following as means of classification
of laws in the English Legal system
a) Civil Law:
These laws are based upon legislations that are used in order to protect
individual living within country like United Kingdom. In other words similar means
those laws that has been formed in order to develop on various aspects that is
2

related to individual existing within society. These laws help in making individuals
legal perspective understood and better manner. Further, civil law deals upon
various perspective that has made individual's tendencies outlined in relation to
various situations within society. Civil law is covered within civil procedure code
which defines about process and procedure required to be followed in order to
punish criminals conducting civil wrong. These laws have been developed in order to
makes justice served in its real sense. The term “civil law” can have two meanings
(Secrieru, 2018). First, it can mean matters of private law, such as personal injury,
contract cases or other legal disputes between private individuals. This is distinct
from criminal law. Second, it can mean a legal system based on a civil code
b) Criminal Law:
These laws are used in order to deal upon those aspects which are
related to crime taking place within society. Such law impacts public at large
through crime committed by a person. The law has made development
possible through criminal procedure code that has made existing process in
order to deal over criminal activities taking place within society. Under criminal
law different offence like murder, assault, rape , kidnapping, extortion and
mob bleaching is covered. This law has provided means of faire justice within
society through punishing criminals over crime committed by them.
Explanation of the role of the following Courts in the English Legal
system
a) High Court:
This court is second highest court having responsibility over securing judiciary
within particular country. Further, the court handles all kind of cases within its judicial
proceedings. Also it helps in making justice served to an individual( Pawlowski,
2021). Three main division of high courts which are Queens bench that handles all
kind of criminal cases which has makes criminal punished in more effective manner.
Second division is Chancallory division under this all kinds of civil cases is handled.
Third division is family court which deals all matters related to family, marriage and
children born out of it. These divisions have provided strong legal structure that has
helped in securing justice within particular case. The court only handles cases
transferred from lower courts and no case can directly be heard within high court.
3

b) Supreme Court:
This is known as highest court of appeal making justice served in
relation to cases transferred from high court. The case is heard in the form of
appeal thus Supreme Court is known as court of appeal. Further court deals
with all kind of cases that makes judicial framework formed within country.
The court has been embedded with different powers in relation over various
aspects of legal system within United Kingdom. Court has power form another
laws using common law principle existing within United Kingdom. This court
has power to eradicate law though a special ordinance making law null void in
nature. This power has been given in order to secure justice in its real sense.
Supreme court in order to procure justice and maintain independence of
judiciary.
Part 2: Source of law
Explanation of Case Law as a source of laws
Case law means those important sources that have been provided with
relevancy upon law making process. The source is able to provide justice in case
when statutory laws fail to secure justice. As per the source landmark case law
makes analysis done upon facts and law applied within it. It helps in understanding
about law applicability within particular case. Source is used only when justice is not
served in its real sense through applying statutory law within it. The landmark
judgment passed through the source is used within future over procuring justice
(Giner and Pardo, 2018).
Explanation of the process of making Legislation
Legislation means those acts that make law and order understood while
forming law in more effective manner. According to source law has been formed
using three reading process which makes justice procure in more effective manner.
This source uses three reading process prescribed within constitution of UK.
The meaning and examples of Delegated Legislation
4

Delegated legislation is one of the most important sources that is used by
executive in order to make sub authority for handling particular task in relation to
legal activities taking place within society. The legislation leads upon passing order
or circular specifying purpose for which subordinate authority has been formed within
particular case. These authorities have been given power to act immediately in
relation to particular case within society. They act immediately upon various
situations existing within society. It makes legal structure more effective and makes
justice served in its real sense. This can be understood with the help of example that
is Ministery exercises power of applying emergency and can also be applied with the
help of Privy Council (Ferreira and Costa, 2019).
Part 3: UK law making process:
Legal system of United Kingdom is very effective in nature through law formed in
more effective manner. There are three main organs which are legislative, executive
and judiciary. Further explanation in relation to law making process of UK is as
follows:
 Legislative: These are the basic organ title been used in order to make law
within country like UK. Also it is considered one of the most important organ
which helps in making laws with in UK and has very important to law role to
play within its law making process. In order to make laws stage processes
and followed which has been defined within the Constitution of United
Kingdom. First stage bill is only presented and no discussion is done upon it.
Second stage of development discuss in detail with house of commons. Can
come 3rd stage within which the bill is been sent to house of Lords for having
for the discussion with amendment made in house of commons. Then in the
end Royal assistance is provided to the bill w which makes it permanent law.
 Executive: The second most important organ use with the law making
process of United Kingdom executive. It includes bureaucratic and
administrative officers. They have been given power to make sure that the
legislation is applied in appropriate manner within the society and serve the
purpose of Justice (Ballem, 2019).
5

 Judiciary: Third most important organ is judiciary which deals with trials and
proceedings taking place in relation to Civil and criminal cases, it contains
court and legal system which help in securing constitution of a country. The
act as Protector of fundamental rights of an individual it also guide
government in relation to see that lost found by them serve the purpose of
Justice
Employment Law
Employment laws are those laws which have been form in order to protect the
rights and duties of employees. Loss has help in securing justice within an
organization. These laws covers legislation which health and employee to deal over
various issues and problems that is faced by it within an organization or at
workplace.
Statutory Duties of Employers to their employees
There are various kinds of duties employer that has been explained as follows:
 To maintain health and security of employees
 Wages should be given in secured manner and on timely basis
 Employees should be treated equally as per equality law.
Wrongful Dismissal and Unfair Dismissal Actions
Unfair dismissal the process within which an employee has been dismissed
from an organization this is of is color, religion and gender. This has been discussed
under section 29 of employee’s right at 1996. As per the act reply can only be
dismissed when he commits fraud, theft or any other unethical workforce violets
ethical regulations of an organization(Amini and et. al., 2020)
Conclusion
From this discussion it can be concluded that business laws are those laws
which helps in formation of business organization. Also these laws helps in
developing proper process which makes business organization work in more
effective manner. This person to be covered is based upon employment lost sources
of laws, law making process of UK.
6

REFRENCES
Books and Journals
Amini, A and et. al.., 2020. Terms and Conditions of Transfer of Lease Agreement to
New Tenant in Iranian Jurisprudence and Law.
Ballem, J.B., 2019. Preface to the Third Edition. In The Oil & Gas Lease in Canada
(pp. xi-xii). University of Toronto Press.
Dow, J., 2019. To Drill or Not to Drill: Does a Lessee Truly Have to Drill a Well to
Satisfy the Habendum Clause of an Oil and Gas Lease?. Tex. Tech L. Rev.,
52, p.315.
Ferreira, A.C. and Costa, M.S., 2019. CJEU issues decision on rural property lease
VAT exemption. International Tax Review.
Giner, B. and Pardo, F., 2018. The value relevance of operating lease liabilities:
Economic effects of IFRS 16. Australian Accounting Review, 28(4), pp.496-
511.
Pawlowski, M., 2021. The concurrent lease as a financing tool. Estates Gazette,
(2111), pp.54-55.
Secrieru, A., 2018. Lease Contract for Real Estate: Its Role and Place in the
Circulation of the Republic of Moldova (Civil Law Issues). Studii Juridice
Universitare, p.135.
Willink, D., 2021. Hope Community Church (Wymondham) v Phelan & Ors: High
Court (Chancery Division): Falk J, 22 May 2020 [2020] EWHC 1240 (Ch)
Right of church congregation to enfranchise lease. Ecclesiastical Law
Journal, 23(2), pp.244-245.
Zhang, K and et. al.2017. A Review of the Impact of Marijuana's Legalization on
Colorado's Industrial Warehouse Lease Rates: How High is High?. Journal
of Real Estate Literature, 25(1), pp.1-29.
7