BSc Management: Comprehensive Report on the UK Legal System BMP4002

This report provides a comprehensive analysis of the UK legal system for business, focusing on key classifications of law such as civil and criminal law, the roles of the High Court and Supreme Court, and the sources of law including case law and legislation. It explains the law-making process, includi...Read More

BSc (Hons) Business Management
BMP4002 Business Law
Assessment 1
Legal System for Business
Law
Submitted by:
Name:
ID:
Contents
1

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
Legal system refers to those laws and legislation that has been developed by the
government of the country. The legislation system of the UK is completely focusing
on maintaining the efficiency of the legal environment. In order to have a fair running
of business activity the government has made some laws. These laws are helping in
the fair and systematic running of the business operations. Apart from this, the
government has made various kind of laws that are solving different issues of the
country and ensuring the justice to the public. This report will illustrate the legal
system adopted by the UK. And along with this, the report also describes the role of
court in making of laws. Apart from this, the report will highlight the need of
employment law in business.
Part 1: Classifications of Law
Define laws and identify the respective legal systems in the UK
Laws helps in getting the justice in the country. The people show their faith in the
constitution of the country therefore, Implementation of laws in order to maintain the
legal environment is mandatory. Collection of different laws helps in establishing the
efficient legal system. And an efficient legal system helps in gaining the faith of the
people toward the government and judiciary. In UK, there are certain laws has been
made by the government in order to shape the legal environment in effective
manner. (Schmitthoff, 2020) In UK, the laws are established by passing in the
parliament which is consists of house of lords. They have a full -power in order to
determine a law. There are various laws has been made under the UK such as,
Banking law, civil law., criminal law, commercial law, constitution law, construction
law, corporate law, contract law, employment law and law. Large number of laws has
been made under the parliament. For every issue, an individual law has been made.
This ensures the full justification to the public.
Explanation with examples the following as means of classification
of laws in the English Legal system
a) Civil Law:
This law is related to the any wrongful act that has been done with the individual.
This law provides an assurance in order to provide justice to the people. It helps in
resolving the disputes between the people. The main aim of this law is to settle the
3

private disputes arises in the business. There are different parties involve in the
business. And this l;aw helps in the settlement of dispute between those parties.
b) Criminal Law:
This law is different from civil law. This law is concerned with giving punishment to
the culprit. These laws are mainly for the crimes like, murder and theft. Any individual
who breaks the rules and regulations made by the government I order to have a safe
and healthy community has been considered as criminal. And that individual has to
face the punishment according to the criminal law.
Explanation of the role of the following Courts in the English Legal
system
a) High Court:
High court refers to the highest judicial body of the state level. In English legal
system, the high court deals with the civil cases and comes to the conclusion after
hearing both the parties. The high court mostly opens up for the civil cases hearing
and occasionally for the criminal cases hearing. The court has a power of judicial
review. They have a certain power in terms of changing the law that has been found
against the constitution.
b) Supreme Court:
The supreme court is the final court in terms of making an appeal. The individual
who is not satisfied with the decision of high court can make an appeal in the
supreme court. (Sarah and Vida, 2020). This court is mainly focuses on those cases
that raises points on the law. Mostly, cases related to the criminal case are solved in
the supreme court. Here, the final verdict takes place.
Part 2: Source of law
Explanation of Case Law as a source of laws
4

Case law is that law which is based on the judicial decision. Instead of based on the
constitutions, statutes or regulations it is based on the judicial decisions. The
disputes under this law has been sort by observing the facts and figures. And the
decision has been made according to that. The court puts up their opinion after
cross-checking all the facts and figures given by both the parties. (Basedow, 2017).
And on the basis of the final verdict has been made. The main purpose of this law is
that it helps in the better understanding of the guidelines that are mandatory in order
to perform the task in the particular jurisdiction.
Explanation of the process of making Legislation
The steps that are involved in the making of law in UK, stats from proposing a bill.
The bill has been prepared in relation of new legislation and then a debate has been
done between both the house of parliament. Once, the approval has been given by
both the houses then the bill has sent to the royal assent. The approval of both the
house is mandatory then only the bill is going to change into the law. Here are the
steps involves in making of law.
Preparation of a bill- This is the first step in making of any legislation in the
parliament. Any member from both the house of parliament can propose the bill. The
bill contains all the policies regarding the law. Along with its importance in order to
enact the law.
Introduction of bill- The bill can only introduced after attending a meeting of PBL
committee. This committee considers the final draft in relation of introducing the bill.
There are different kinds of documents has been attached with the bills such as
explanatory notes. (Kubasek and et.al., 2019). This notes helps in explaining the
points that are mentioned under the bill. After getting permission from PBL
committee, the bill is introduced in front of all the members in the parliament.
Parliamentary stages- There are some stages of reading the bills in parliament and
those are:
First reading- This is the fist stage and this not involve any discussion regarding bill.
Second reading- This stage contains the debate over the main principles and points
mentioned under the bill. The discussion is done between the different members of
both the house in the parliament.
5

Committee stage- Under this stage the bill has been read by the committee of MPS.
It is a public bill committee. Afterwards, they get satisfy then the bill has been passed
to the next stage of reading.
Later stage- Both the parties has equal right in order to pass a bill and give their
opinions in regarding that particular bill. It is important, that the members of both the
houses agree with each other in making of bill. (Freedland and Dhorajiwala, 2019). A
final discussion has been made between the parties after all the reading stage and
then the bill has been sent to the royal assent. And the bill is finally converted in the
law.
The meaning and examples of Delegated Legislation
Delegated legislation refers to the experiencing the legislation power by the people
who do not consist the legislation authority. The law under this has not been made
by the parliament. The laws are mainly made by the government in order to maintain
the stability of the nation. Laws that are made under delegated legislation does not
have to go through any different stages in order to get the final verdict. Examples of
delegated legislation are the ordinances, regulations and standards. (Nutt, 2020).
These laws can be made in shorter time and along with this, it can be implemented
on that particular area for which it has been made.
Part 3: UK law making process: Employment Law
Statutory Duties of Employers to their employees
This is an employer's responsibility to defend the healthcare, and welfare of their
employees as well as other persons who may be harmed by their firm. Employers
should do all fairly possible to obtain this. Employers duty include the fair hiring
learning and health and safety of their employees and try to give at least fair and
minimum wages to their employees. (Abbasi and Parsa, 2019). Whenever the
changes are made consulting to the employees and teach them about the changes
that have made in the company. Many law and regulation related to the employment
and their relation are consider in the UK. Employee is a person who agree to make a
contract with a employer for a betterment of the firm and do their work. It consider
these type of things such as the day to day to work and per day wages to the
6

employees. What employers give the work to the employee and they should have to
agree to do their . the employee need to provide services and give their best in the
work to do. Employers having a statutory obligation of the Health & Safety for
Employment Act (HSIER) to exhibit the authorized poster prominently in every
organization or to supply a duplicate of the authorized image to each employee.
Employees can file a complaint with the HSE if they believe their employer is putting
them to dangers or harm their legal obligations regarding safety precautions, and this
happen with them and they brought attention towards it then employees can
complaint to the HSE
Wrongful Dismissal and Unfair Dismissal Actions
Wrong dismissal
A wrongful dismissal suit occurs when the termination violates the provisions of
contract of employment. however, these include terminating the agreement before
providing the requisite notice time. The employee's wrongful dismissal remedy is
remuneration equivalent to the wages and bonuses they might have earned if they'd
been given the appropriate prior notice. There will be no unjust termination complaint
if the employer ends the agreement in line with its provisions. Employees who've
been unlawfully terminated are allowed to claim for the incomes they must have
earned during their statutory notice. This sum is regulated at £25,000 in a Court, and
there is no such limit in the County or Tribunals.
Dismissal action
It is a lawsuit under UK law that could emerge even if the employer had provided
appropriate legal notice. This is a statement based on justice and rationality
standards. Subject to some restricted exclusions, an employee should have finished
minimum two years steady income with employer before bringing an allegation, and
the claim must be brought within 3 months of the expiration of the term. (Strickson
and De La Iglesia, 2020). To oppose an unfair dismissal claim, the employer must
show that the cause or primary reason for the dismissal was one of the possibly
legitimate grounds laid forth in the statute. These are: behaviour, capacity or
credentials (including grounds related to illness) and retirement. Furthermore, the
employer can properly end the employment if continuing employment may violate
the law; or for any other serious cause supporting dismissal. the employer has
demonstrated the cause for dismissal is within the allowed criteria, they must also
7

demonstrate the behaved fairly under all situations, while also accepting that cause
as a valid reason to fire and by adopting a proper procedures. The employee is
eligible for benefits. Furthermore, if the employee requests it, they may be restored
in their old work or re-engaged in a new function by their company. Yet, such
judgments are rarely issued since, quite often, the connection within the employer
and the employee is broken down at the point where they cannot start work.
Conclusion
From the above report, it has been concluded that, Legislation plays an important
role in maintaining the safe and secure environment. Different laws has been made
for the different types of crimes. And collectively all these laws are helping in creating
an effective legal environment. The report also describes the legislation process of
the UK And the concept of delegated legislation. UK has been found much efficient in
making of law and implementing for the different purpose. High court and supreme
court plays a vital role in delivering justice to the people. Apart from this, the report
also shows that, there are certain responsibilities that has to be performed by the
employers towards their employees in terms of maintaining the legal environment in
the organization.
REFERENCES
Abbasi, M. and Parsa, E., 2019. Types of compensation claims in relation to pre-
natal diagnosis negligence in the UK legal system. Journal of Advanced
Pharmacy Education & Research| Apr-Jun. 9(S2). p.79.
Basedow, J., 2017. BREXIT and business law. China-EU Law Journal (CELJ), 5(3),
pp.101-118.
8

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.
Kubasek, and et.al., 2019. Dynamic business law: The essentials(pp. 28-50).
McGraw-Hill Education.
Nutt, D., 2020. New psychoactive substances: Pharmacology influencing UK
practice, policy and the law. British journal of clinical pharmacology. 86(3).
pp.445-451.
Sarah, R. and Vida, A., 2020. Business law. Pearson.
Schmitthoff, C.M., 2020. International business law: a new law merchant. In Current
Law and Social Problems, II (pp. 129-153). University of Toronto Press.
Strickson, B. and De La Iglesia, B., 2020, March. Legal judgement prediction for uk
courts. In Proceedings of the 2020 The 3rd International Conference on
Information Science and System (pp. 204-209).
9