BMP4002 Business Law: Exploring the UK Legal System & Employment Law

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This report provides a comprehensive analysis of the UK legal system, focusing on its classifications, sources, and application to employment law. It begins by defining laws and identifying the UK's legal systems, differentiating between civil and criminal law with examples. The roles of the High Court and Supreme Court are explained, followed by an examination of case law and legislation as sources of law, including delegated legislation. The report then delves into the UK law-making process, specifically focusing on employment law, statutory duties of employers, and actions related to wrongful and unfair dismissal. The conclusion emphasizes the importance of employment laws in protecting workers and the role of delegated authority in reducing the burden on higher authorities, highlighting the responsibilities of employers towards their employees under labor laws.
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BSc (Hons) Business Management
BMP4002 Business Law
Assessment 1
Legal System for Business
Law
Submitted by:
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Contents
Introduction 2
Part 1: Classifications of Law
Define laws and identify the respective legal systems in the UK
3
Explanation with examples the following as means of classification of laws
in the English Legal system 4-5
a) Civil Law 4
b) Criminal Law 5
Explanation of the role of the following Courts in the English Legal system
5-6
a) High Court 5
b) Supreme Court 5
Part 2: Source of law 6-7
Explanation of Case Law as a source of laws 6
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Explanation of the process of making Legislation 6
The meaning and examples of Delegated Legislation 7
Part 3: UK law making process: Employment Law 7-8
Statutory Duties of Employers to their employees 8
Wrongful Dismissal and Unfair Dismissal Actions
Conclusion 8
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Introduction
In order to maintain the effective governance in the nation law and order are needed the most.
As an outcome the requirement of the legislation increases a lot. In addition to it the
legislature is the governing body whose mean obligation is to make more effectual laws for
the nation. In accordance to the law all the people are equal in its eyes (Davilla, 2022).
Government as well as citizens should follow and obey the laws which are imposed by the
legislature. In addition to it politician in the laws can only be done by the legislature of the
nation . The following report will cover about the every basic law of the United Kingdom
will be discussed in the report as well as it will also explain on how the legal system of the
United Kingdom works. This also describes the several differences among the criminal law as
well as well the civil law in the United Kingdom. In addition to it it will also cover about how
the courts of United Kingdom work. As it will stage the duties and the powers of the criminal
and civil codes of the nation. The last element of the following report covers about the
labours law of the country in the brief and it will also discuss that any of the party in the
element can reach to the court in order to attain justice and because of this the report will
cover about the responsibilities and rights of the organizations employers and employees.
Part 1: Classifications of Law
Define laws and identify the respective legal systems in the UK
The term legislation is Overseen through the rules which residents as well as governmental
organizations of the nation need to abide. All the people who are the citizens and lives in the
nation is needed to abide the imposed law which are implicated to them. There are time when
people does not follow the imposed laws and rules then they might face several legal
consequences or they need to pay fines which are outlined in the laws of the country. The
initial law are basically imposed by the legislation and these laws are basically implied to all
the people living in the organization Irrespective of their gender, financial status or cast. In
addition to it the legislator need to consider specially at the time when enforcing and drafting
the laws in order to make sure that rights of the people are not harmed at all. There are
several laws which are unqualified in the country United Kingdom. Who it is due to because
they are only partly authorised by the legal House of governance (Engel, 2022). This is
required in order to write them fully in accordance to modify them into the codified version.
Also there are 2 kinds of the laws in the nation which are statutory laws and other one is
common laws. Which statutory laws are such laws which are enacted by the legislature by the
process of legislative. On the other hand the common laws are the laws that have outcomes
from the options which are taken in the quotes of the country and these laws are also known
as the judicial presidents laws. Judicial precedent are the judgments or the rulings regarding
the case which are issued by the high courts and supreme courts of the country. Moreover to
this the statutory law is formed in the way by avoiding the specific procedure in the
parliament of the country and the parliament needs to pass the laws that are just genuine and
fair to the citizens of the nation. The rights need to be formed in such a manner that these
laws do not harm the basic and fundamental rights of the people of the nation.
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Explanation with examples the following as means of classification of laws
in the English Legal system
a) Civil Law: This law need to be search which do not focuses to the crime as it come
passes the matters of civil elements which are divorce, land and building disputes and many
more. The compromise and settlement to the involved parties is offered through the civil law.
The party of contractor can be 2 legal entities or the 2 individuals. This can be either one
legal entity or the one specific individual. It involves several problems about the breach of the
duty and privileges of the plaintiff party. Civil also involves contract, employment and the
different laws associated to it (Guo, 2022). Civil cases are manage sendil through the high
courts, tribunales, county codes and many more which are focused in it. The biggest in the
highest court in the nation is the Supreme Court who approach to problem is responsible to
hear every type of the cases which involves both criminal as well as civil cases. In addition to
it the print lift is the entity who basically suffered a loss or face any type of you want criminal
injustice. So the plaintiff concentrate on filing the case in the suitable court in respect to its
grievance. Moreover to this, the appellant is the individual or the single entity that is obliged
for the team of plaintiff losing . And in order to do this defendant is required to prove itself
innocence in the court of law. The court basically grant the aggrieved party particular
financial reward or compensation and performance in order to restore the party towards its
proper position which was prior to its loss.
b) Criminal Law: This law basically deals with the matters of crime and it also
represents the punishment as well as penalties for the criminals or the crimes which are
committed by the defendant. The load of evidence is on the person who is accused in order to
prove aids innocence in front of the Criminal Court. The laws of criminal represents the
crime as of all instead of a group or the single person. It is due to because crime influence and
impacts the whole community instead of a single person or the criminal organization. The
main aim of the go went in imposing the law of criminal is to minimise as well as eliminate
the crime from the society. This also make sure that the rules as well as laws of the nation
upheld through analyzing as well as punishing the criminals that are responsible for
committing the act of crime. The individual that commits the offence is known to be the
offender or the criminal in search specific case (Huong, 2022). There are several quotes that
are prescribed by the law play number harda tribunals which basically focuses in the case of
crimes.
Explanation of the role of the following Courts in the English Legal system
a) High Court: Her Grandness Court of England is another name for the High Court.
This is the state's second level of court. The court is critical in delivering justice to the
innocent party in a case. In the hierarchy, the high court is just below the Supreme
Court. The decisions of the country's higher courts are binding on the lower courts.
Every district and session court in the country is required to follow the decisions of
the country's high courts.
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b) Supreme Court: The Supreme Court is also known as the country's highest court.
It is the country's highest court. It is in charge of delivering justice to the country. In
general, it renders decisions of national and public importance (Lu, Nisbett, and
Morris, 2022). These issues have an impact on the present and future of society
because they shape it in a certain way.
Part 2: Source of law
Explanation of Case Law as a source of laws
The primary source of the common law of the nation is the decisions which are made
by the Supreme Court as well as High Court. In addition to it judicial precedents are the case
laws which are issued by the coach at the time when they give the decision on the specific
case. The exclusion to the specific judicial president is which the lower court need to abide
the presidents of judicial and if the time as well as that is of the specific cases are the similar
in order to take the case of the lower or subordinate court.
Explanation of the process of making Legislation
Legislation is the main source of law in the United Kingdom and there are various
levels to the process of legislative (Ramadhan, Daulay, and Disyacitta, 2022). The House of
Lords is the top level of the parliament and the House of common is the subordinate level of
the parliament. The initial step is at the time when person or the member of the parliament
offers the draught. Another level begins at the time when the member start arguing regarding
the specific draught. The last and final step is at the time when the particular drought receives
the royal assent from the parliament. This royal assent is the reason behind making the
drought a specific law. And because of this it is granted to become the authenticated subject
of the nation.
The meaning and examples of Delegated Legislation
At the time when the top level governance delegate the authority to the subordinate level
governance so this means to the representative legislation. Search responsibility is offered by
the higher level governments in accordance to take out the specific laws of the nation. The
main aim of delegation is to minimise the pressure of the higher authorities of the nation.
Part 3: UK law making process: Employment Law
Statutory Duties of Employers to their employees
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In accordance to the Employment Act of 1996, the owner has numerous obligations to
its staffs.
Personnel must obtain suitable training.
The wage essentially to be rewarded accordingly with the nation’s National Minimum
Wage Act.
The business must deliver a harmless and well work atmosphere for the workforces
(Staffler, 2022).
Wrongful Dismissal and Unfair Dismissal Action
At the time when the owner of the organization fires the employee without giving the
worker sufficient time of notice then it is means to the not appropriate dismissal. Come to
home unfair dismissal comes at the time in the worker is dismissed buy it’s seniors or not
valid reason or justification. In all the relevant the worker has the right in order to file the
case against the employer so in order to do this the worker can reach to the court which is its
right under the labor laws of the nation (Trzaskowski, 2022).
Conclusion
From the above report it has been concluded that the employment laws, legislature as well as
delegation of the authority are all required and mandatory. The laws of employment are
imposed in order to save the workers from the unauthorized practices of the organizations. In
addition to it the delegation of the responsibilities minimizes the pressure as well as burden
on the higher authority. Additionally the owner of the organization is needed to attain its all
the obligations and responsibility towards its workers in accordance to the labor laws of the
country.
REFERENCE
Davilla, M., 2022. Unravelling the Complexity of Blockchain and EU Competition
Law. Journal of European Competition Law & Practice.
Engel, C., 2022. Challenges in the Interdisciplinary Use of Comparative Law. The American
Journal of Comparative Law.
Guo, P., 2022. The Future Solution to Hardship: A Relational and Good Faith Approach.
In Good Faith in Long-Term Relational Supply Contracts in the Context of Hardship
from A Comparative Perspective (pp. 155-164). Springer, Singapore.
Huong, V.T.M., 2022. Business households in the context of Vietnam's culture and
law. Linguistics and Culture Review, 6(1), pp.127-142.
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Lu, J.G., Nisbett, R.E. and Morris, M.W., 2022. The surprising underperformance of East
Asians in US law and business schools: The liability of low assertiveness and the
ameliorative potential of online classrooms. Proceedings of the National Academy of
Sciences, 119(13), p.e2118244119.
Ramadhan, R., Daulay, M.H. and Disyacitta, F., 2022. Reviewing the prospects of forest
decentralization in Indonesia after the Omnibus Law. International Forestry
Review, 24(1), pp.59-71.
Staffler, L., 2022. Notion of Business Criminal Law. In Business Criminal Law (pp. 27-48).
Springer Gabler, Wiesbaden.
Trzaskowski, J., 2022. Data-driven value extraction and human well-being under EU
law. Electronic Markets, pp.1-12.
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