BMP4002 Business Law: Understanding the UK Legal System Framework

This report provides a detailed analysis of the UK legal system, beginning with definitions and classifications of law, including civil and criminal law, and examining the roles of the High Court and Supreme Court. It explores case law and legislation as sources of law, explaining the process of making legislation and delegated legislation. The report then focuses on UK law-making in the context of employment law, outlining statutory duties of employers and differentiating between wrongful and unfair dismissal actions. The conclusion emphasizes the comprehensive nature of the UK legal system in protecting individual rights and maintaining law and order, noting the importance of judicial precedents and legislative authority in ensuring justice and regulating rights.

BMP4002 Business Law
Assessment 1
Legal System for Business
Law
1

Contents
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
Explanation of 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 Law p-p
Statutory Duties of Employers to their employees p
Wrongful Dismissal and Unfair Dismissal Actions
Conclusion p
2

Introduction
Law plays significant role for administrating the behavior of individual and to assist the
conduct of the citizens. The economic growth of any country depends upon its citizens and
peaceful environment where individual feels themselves safe and protected. The UK legal
system is complex and diverse and provide range of statutory framework to monitor,
supervise and guide and safeguard the individual from any act and omission. The sources of
law has greater contribution in the growth of English legal system. There is no specific
definition of law but many jurist has pronounced its legal definition through various legal
principles and assumptions (Ambos, 2018). The three tier of government such as legislative,
executive and judiciary plays active role in enforcing the rights of the individual. This report
will cover different meanings of law and and its legal classification in the UK legal system.
Further, it will analyze the role of enforcement agency which provides justice to the victims
and their powers as laid down under the statute. Also, it will identify the certain duties and
power of the employers towards it employees and distinction between the wrongful dismissal
and unfair dismissal.
Part 1: Classifications of Law
Define laws and identify the respective legal systems in the UK
Law is defined as the set of legal principles and regulation which are made to govern the
society and maintaining law and order in the country. It is binding obligation which binds the
individual from certain rights and responsibilities, and have legal consequences. Law is made
through complicated procedure in order to cover the contemporary issue of the society
prevailing in the modern world. There is no said definition of law under any statute but
identified by many jurist and legal scholars. Law performs essential social functions to bring
harmony and peace among the individuals. The ultimate objective of law is to impart justice.
The common law system of UK based on the principle of equity which provides fair, equity
and just treatment to all the individuals and all are equal in the eyes of law. There are various
right such as human right, legal right, fundamental right etc. which are associated with the
individual which is specifically provided by supreme law of land known as constitution. Law
is changed at certain point of time in accordance with conduct and behavior of the people
and increase in crime rates stressed out the government to take reasonable steps to minimize
its effect on the citizens (Biviano and Saxton, 2021). The International Convention, treaties,
custom etc. identifies the basic right of the citizens which is important for every individual
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irrespective of their religion, race, sex, place of birth, sexual orientation etc. The major
reforms has been taken place in UK which historically change the English legal system and
bring stability in their crime rates. The unwritten constitution is the supreme law of land
which govern and direct the authority to act in certain extent.
Explanation with examples the following as means of classification
of laws in the English Legal system
a) Civil Law:
It is a branch of law which deals with dispute among the two individual who have legal
relationship with each other. It covers range of legislation were the party claim their right in
the form of compensation and damages for the breach of their rights. It includes contract law,
Law of tort, family law, Taxation law, Administrative law etc. It is codified set of legal rules
which are established to recognized the rights and oblation of the parties that is raised
through any legal agreement and contract. Civil law have a wide scope and specific rules has
been made that defines the legal procedure and principles to govern civil proceeding. Civil
law originates from Latin term “jus civile” and UK have traces of Roman civil law system.
b) Criminal Law:
It is related to the offenses and breaches which endangers and threatens the human body and
property from any kind of illegal act and omission committed by the offender. It affects the
society at large and dispute arises among the individual and the government. It includes
serious offenses such as sexual acts, murder, Fraud, drug dealing etc. Any illegal act
committed by the offender against the society will be liable for the strict punishment
including fines (Dickens, 2020). The fundamental objective of criminal law system is to
punish the convict, protect the citizens and ensure law and order in the territory. The court is
empowered to charge a fine, imprison the convict and discharge the innocent.
Explanation of the role of the following Courts in the English Legal
system
High Court: The UK high Court is the superior court just after Supreme Court. Further ,
it is divided into three division which consist of Queen's divisions, Chancery Divisions, and
the Family Division. Each division is specialized in their own matters and cover specific legal
issue to ensure the justice to the individuals. It deals with all the civil disputes that arises
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between the parties. It has original and appellate jurisdiction to decide the matters. It also has
supervisory jurisdiction over inferior courts and tribunals of England and Wales.
a) Supreme Court:
It is a final court of appeal and has original jurisdiction in case matter is related to national
importance. It consists of 12 permanent judges who is appointed by member of the cabinet on
the recommendation of independent commission.
Explanation of Case Law as a source of laws
The common source of English legal system is case law which is also known as judge
made law derived through judicial precedents. The judicial decision given by the judges in
any case is developed as a source of law and evolved through interpretation of statutes. It is
not a binding source of law and lower court can used it for deciding any matter. The statutory
interpretation is made to identify the actual intention of the legislative authority. It is based on
the concept of “Stare decisis” the decision of highest court must be followed by the lower
court within their jurisdiction. Case laws plays significant role in the growth of English legal
system because court is required to follow the earlier decision when same issue arises
repeatedly in Litigation.
Explanation of the process of making Legislation
The process of making legislation is complex and wide. The three tier of government is
responsible for playing their role in framing legislation, statute and rules for securing the
interests of the citizens. A committee is set up to introduce proposed bill considering the
contemporary issue of the society and prioritize the legal rights of the individual. The
legislative authority set up committee for reviewing and monitoring the bill and then conduct
debates and discussion to take the consent of both the Houses including House of Lords and
Houses of Commons. These Houses of Parliament plays significant role in the process of
making legislation as they give their consent and then bill is enforced as a Law through a
statute to secure the rights of the individual living in a country. Only parliament is entitled to
make laws and can change existing one. Bills are introduced in a draft format and formally
produces before the parliament (Freedland and Dhorajiwala, 2019). Then, raft bill is further
send to committee in order to scrutinize whether changes is required or not. After its approval
from both the houses of Parliament, the final stage is the royal assent who signed the bill to
enforce it as a Law.
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The meaning and examples of Delegated Legislation
Delegated Legislation is also termed as secondary legislation in which executive
authority has given the powers to make laws by the primary legislation in order to implement
and administer the essential requirements of legislature' s authority. The process of delegated
legislation allows the Government to make a law without any enactment of statute but
through some changes and modification in relation to law. Basically, it reduces the burden of
Parliament and enables them to focus on important matters and related policies that are
crucial for social justice and welfare. It includes bye laws, orders, ordinance etc. are passed in
delegated legislation.
Part 3: UK law making process: Employment Law
Statutory Duties of Employers to their employees
The employment law is a wide legislation that secure the right of the employees
and employers. It aims to create positive environment where employees can contribute their
maximum efforts towards the organizational goal. The comprehensive statutory framework
protect the employees from all kind of discrimination such as wages, dismissal, holiday,
maternity and paternity leave etc (Jalili and Azizollahi, 2020). There are certain statutory
duties which requires employers to perform towards their employees at workplace. The
employment right Act, 1996, Equality Act, 2010 etc. are made to establish a minimum
standards to support employees.
The statutory duties of the employers are discussed below:
 To create safe and healthy environment at workplace.
 To motivate and encourage the efforts of each employees.
 To promote equal and fair treatment of employees.
 To act in good faith.
 To provide medical assistance and equipment at workplace.
 Provide them incentives and allowances to inspire them towards organizational goal.
 Duty to allow paid leaves and pays equally to all the employees.
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Wrongful Dismissal and Unfair Dismissal Actions
The major difference between the Unfair dismissal and Wrongful dismissal are related to the
breach of terms of contract. In wrongful dismissal , the breach of notice terms is take place
due to which employer terminate the employees before the notice period without any
reasonable grounds for their dismissal. It is the contractual right arises through terms of
contract made between the parties. The party can initiate their claim just after the one day of
their employment.
Whereas, unfair dismissal is statutory right and illegal termination of employee from place of
employment. It is taken place without assigning them valid grounds of their termination. It
can affect the right to livelihood of the employee and leads to violation of their fundamental
right (Querton, 2019). According to Employment Right Act, 1996, party can claim their right
for the breach of contract and can claim financial awards from the court.
Conclusion
From this above report, it has been concluded that the UK legal system is detailed
legislation which is made to protect the rights of the individual. The common sources of law
is based on the judge made law which provides judicial precedents to the lower courts to
decide the matter related to same issues. The legislative authority is responsible for making
law and deals with complex procedure which includes long hour discussion and debates to
enact a law for general public. The primary objective of law is to maintain peace, law and
order in the society so that no one can infringe their legal rights. The classification of law is
done on the basis of their nature and punishment. The civil and criminal law are two areas of
law which are very common and govern by the set of statutes. The enforcement agency is
responsible for ensuring justice and regulating the rights of the individual so that their rights
remain protected. The common law system is based on the principle of equity which aims to
impart justice to the citizens. The employment law of UK based on the fundamental principle
of fair and equal treatment of employees at workplace.
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REFERENCES
Ambos, K., 2018. Brexit and European Criminal Law. Böse/Bohlander/Klip/Lagodny, Justice
Without Borders-Essays in Honour of Wolfgang Schomburg, pp.1-22.
Bernstein, A., 2022. Employment law myths—who are you gonna call?. Journal of Aesthetic
Nursing, 11(1), pp.36-38.
Biviano, L. and Saxton, A., 2021. UK: Winding back'Bell v Tavistock'; High Court affirms
that parents can consent to puberty blockers on behalf of their children, which are not (of
themselves) part of any “special category” of treatment requiring court
approval. AUSTRALIAN HEALTH LAW BULLETIN, 29(4), pp.54-59.
Dickens, B.M., 2020. Paid surrogacy abroad does not violate public policy: UK Supreme
Court. International Journal of Gynecology & Obstetrics, 150(1), pp.129-133.
Freedland, M. and Dhorajiwala, H., 2019. UK response to new trade Union strategies for new
forms of employment. European Labour Law Journal, 10(3), pp.281-290.
Jalili, A. and Azizollahi, M., 2020. Time for assessment of Damage due to breach of contract
(Comparative Study of UK and Iran Law). Journal of Civil Law Knowledge, 9(1).
Matanky-Becker, R. and Cockbain, E., 2022. Behind the criminal economy: using UK tax
fraud investigations to understand money laundering myths and models. Crime, Law and
Social Change, 77(4), pp.405-429.
Querton, C., 2019. The impact of Brexit on gender and asylum law in the UK. In Gender and
queer perspectives on Brexit (pp. 209-238). Palgrave Macmillan, Cham.
Williams, M., 2022. Rule of Law Without a Constitution in the UK. In Judges and the
Language of Law (pp. 141-188). Palgrave Macmillan, Cham.
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