BSc Business Management BMP4002: UK Legal & Employment Law Analysis

This report provides an overview of the UK legal system, including the classification of laws (civil and criminal), the roles of the High Court and Supreme Court, and the sources of law such as case law and legislation. It explains the law-making process, including delegated legislation, and delves into employment law, covering statutory duties of employers, wrongful dismissal, and unfair dismissal actions. The report also presents a case study of Robin V/s Ab Ltd to illustrate the application of employment law principles. Desklib is a platform where students can access similar solved assignments and past papers for academic assistance.

BSc (Hons) Business Management
BMP4002 Business Law
Assessment 1
Legal System for Business
Law
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Contents
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Table of Contents
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..........................................................................................................................3
a) Civil Law: ...........................................................................................................................3
b) Criminal Law: .................................................................................................................4
Explanation of the role of the following Courts in the English Legal system........................5
High Court:.............................................................................................................................5
Supreme Court: .....................................................................................................................5
Explanation of Case Law as a source of laws ...................................................................6
Explanation of the process of making Legislation.................................................................6
The meaning and examples of Delegated Legislation...........................................................6
Employment Law ..................................................................................................................7
Statutory Duties of Employers to their employees ............................................................8
Wrongful Dismissal and Unfair Dismissal Actions ..............................................................8
Conclusion..................................................................................................................................8
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Introduction
Business law means those laws which is used upon making formation of
business organization done in more effective manner. The law has helped in making
business organization formed as per legal structure of country. The law helps in
forming laws and acts leading towards organizing work within business organization.
This has helped in developing legal framework of business organization making
running of various process with appropriate legal aspect. The law has important role
to play in relation to knowledge upon different perspectives related to business
organization. Scope is dynamic as it impacts working of business organizations in
organized manner. Nature is wider due to its effect upon growth of business
organization. The report is based upon those concepts of law regarding legal system
existing within an organization. Then in this sources of law is covered with law
making process. In the end employment law is covered with all aspects in relation to
unfair dismissal and employees duties.
Part 1: Classifications of Law
Define laws and identify the respective legal systems in the UK
Law are defined as those rules and regulations that has been formed in
relation to different aspects existing within society. They are based upon legal
principles existing within society. Also it makes justice served in more effective
manner in relation to judicial proceedings(Deipenbrock, 2018). Further, law holds
responsibility in relation upon social aspects existing in society. The law applied in
legal system has been developed by following proper legal process. Legal system of
United Kingdom uses two important laws which makes social aspects improved in
more effective way. Through these laws strong legal system has been formed within
United Kingdom which makes all kinds of legal issues solved in effective manner.
These are important laws which are of both civil and criminal aspect. Through civil
and criminal law UK legal system enhances English legal system with more
appropriate legislation formed.
Explanation with examples the following as means of classification of
laws in the English Legal system
a) Civil Law:
These laws deals over all kinds of civil issues taking place within society in
relation to individual dealing with private affairs taking place in relation to an
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individual's life dealing with private affairs existing within society. In other words civil
laws has been formed regarding society. It is helpful in understanding about
individual's behavior within society. This makes understanding developed about
behavioral patterns of an individual. Since civil laws helps in solving issues through
following procedure mentioned in civil procedure code formed in relation over justice
served in more effective way. Under civil law offenses related to property, tot law and
contract laws has been covered. In civil law justice is served in its real sense
regarding civil cases and in this various aspects has been covered for making justice
procure in its real sense. Through civil law all kinds of issues related to an individual
has been covered helping in procuring justice with more effectiveness(Conant,
2018).
Civil law has been used within English legal system in order to provide
stability in terms of maintaining transparency within judicial proceeding that is based
upon civil cases. Common laws are used with civil law to identify critical condition
which can hinder the process of justice. These principles helps in forming more
specific law which are comparable with modern law aspects. Common used with civil
laws helps in solving disputes with more effectiveness. Civil law has been able to
provide more impact on individual's life as it has tendency to secure legislation by
innovating it with modern civil law principles.
b) Criminal Law:
The law are based over those aspects that has been used in order to deal
over elements that helps in controlling crime existing within society. These laws have
tendencies to impact society at large. Further, the law deals with offenses that is
committed in relation to social impact taking place within society. Under it offense of
criminal nature is affected by an individual. Criminal laws uses criminal procedure
code that defines about various process existing within society. Criminal law mainly
deals with criminal activities leading towards justice served in these matters. As per
these law offenses like murder, assault, rape , kidnapping, extortion and mob
bleaching is deal with making fair means of justice served. These laws makes lunatic
people and criminals handled in more effective manner.
These laws has been using various elements which makes judiciary handle all
kinds of criminal matters. Common law applied within criminal law helps in producing
more relevant judgments that are used in future. The judgment produced out of such
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law makes statutory law related to crime become more specific in nature. Criminal
law is used to punish criminals as per their offense that has been mentioned in
various legislation. Common law helps in applying criminal procedure code in
innovative manner that makes legal framework prepared as per the needs of society.
These law holds importance as various elements of justice has been applied in more
effective manner which makes justice in terms of various criminal activities procured
in its real sense.
Explanation of the role of the following Courts in the English Legal
system
High Court:
This court is an important part of judiciary dealing with civil and criminal cases
and court has been given authority to deal upon appeals that has been launched in
relation over lower court's judgment. According to judicial system of United Kingdom
has divided high court in three division which are Queen's bench, Chancellory bench
and Family bench. In relation over Queen's bench all kind of criminal matters exists
within society. Then comes chancellor division that only deals with civil cases making
judgment produced in more effective manner. Further, family matter and marriage is
based over cases that is handled by family division. This division is making legal
system attain strength within legal structure developed in more effective manner
within the High Court of United Kingdom. As per this no case cannot be deal directly
by high out due to existence of hierarchy of court.
The court has been given various power like reversing the judgment of lower
courts in order to maintain trust upon judicial proceedings taking place in relation to
cases of both civil and criminal proceedings. Also high court makes justice served
over those appeals which has been challenged within the court. High court have
been given power to make rules through passing judgments which are bound to be
followed by lower courts. They hold power over interpretation of law as per the
situation existing within particular case.
Supreme Court:
The court is the highest court which is used for solving issues by giving power
to handle cases that has been decided through judgment passed by High Court.
The case heard are in the form of appeal only by Supreme Court. This is responsible
for protecting judicial framework formed within country. Further, court has been
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dealing with protection of fundamental rights and constitutional framework of a
country. In this court has been given powers in relation to fundamental rights and
constitutional framework of a country. The court has made power to deal upon
issues faced by people living within society regarding infringement of fundamental
rights. Supreme Court has been given power to put stay upon statuary law which
causes chaos within society. Also can make particular legislation serve justice with
more impact(Beckers, 2018).
Part 2: Source of law
Explanation of Case Law as a source of laws
Case law these are one of the most important source based upon common
law principles. This law exists in UK and has been embedded within its legal process
provided as per constitution. Under the source new law has been formed by
analyzing facts, issues and statutory law used in an case. The source has helped in
making new laws formed as per situations existing within society. Judgment passed
by using these laws leads towards new and better principles developed in more
effective manner. This makes judgment formed become landmark in securing
judiciary
Explanation of the process of making Legislation
Legislation this is one of the most important organ that has been used for
making law within society. In relation to this various sources has been used in
making law formed upon issues existing within society. Laws formed within United
Kingdom is based upon three reading process helping in making justice served in
more effective manner. Through the process bill is presented , the discussed in more
detail with amendments. Also royal assistance has been provided making various
perspective developed on law making process.
The meaning and examples of Delegated Legislation
Delegated legislation ate that kind of sources that has been used in making
laws applied within United Kingdom. The legislation formed is based over powers
that is given to them by executives allowing power segregated with those authorities
making law applied in more effective manner. This makes subordinate power
provided to authority which makes law applied in more effective way which deals
with indiscipline caused within society. It has been understood through an example
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like ministry exercises power of applying emergency and can also be applied with
the help of Privy Council(Alpa, 2018).
Part 3: UK law making process:
Legal system of United Kingdom is one of the most effective legal system that
is based upon three main organs that helps in making law formation possible. The
organs are legislative, executive and judiciary. Explanation in relation to this has
been explained as follows:
 Legislative: They help in forming law through using three reading process
which has been developed within United Kingdom. As per the first stage bill is
just been presented within parliament. Then comes second stage that makes
discussion done upon bill through voting done over it. The comes third stage
in this all kinds of information is discussed by the House of Lords. Then Royal
assistance has been provided by monarch.
 Executive: This is an important organ which handles all kinds of work in
relation to documents submitted in more effective manner. As per this organ
power in order to make laws applied as per legal structure of country.
 Judiciary: This is third organ which makes judiciary achieve objective of fair
justice in relation to cases presented within it. The organ has helped in
passing judgment without any biases.
Employment Law
These are those laws used for making protection done in relation to right of
employee's which helps in maintaining strong relation with employees. The laws has
helped in developing equality in working condition of employee. They make wages
related issues solved in effective manner(RendEisenstadt and Pacella, 2018). This
can be understood with the help of case of Robin V/s Ab Ltd
Robin had been employed for over 14 years when she was suspended from
Ab Ltd due to hearing related to discipline. Though she had been a valued
employee, receiving regular promotions and positive feedback in her appraisals. A
client had complained about Robin, accusing her of a health and safety breach.
Although other members of staff were involved in the same incident, the client did
not complain about all of the involved employees. In relation to this AB Ltd only took
disciplinary action against her. The client was known to be vague in his instructions
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and aggressive in the way that he communicated. Robin had raised these concerns
with her manager on previous occasions.
In this case after having negotiations with AB Ltd the employer decided to
settle before Robin’s claim reached an Employment Tribunal. They agreed to pay
Robin £13,100 and provided an agreed reference for future employers. This sum
was equal to the compensatory award that Robin would have received had she been
successful at a full Employment Tribunal hearing. It also meant that the matter was
resolved far more quickly and without the stresses and risks associated with
litigation.
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 it is one of the most important
duty which helps in maintaining balance in relation over health policies formed
by an organization.
 Wages should be given in secured manner and on timely basis. As per this
wages of employees should be given on time which makes them develop trust
upon organization they are working with.
 Employee's should be treated equally as per equality law. This duty is based
upon equality policy that has been formed by an organization. It helps in
maintaining diversity within workforce.
Wrongful Dismissal and Unfair Dismissal Actions
Under employment law unfair dismissal and wrongful dismissal is covered
within Employee Right act 1996 section 92. It explains that employee's can be
dismissed only when fraud, theft or violation of ethical code of conduct is done in
effective manner.
Conclusion
From the above discussion it has been found that business laws are the laws
which makes business organization formation possible in more effective manner. In
the report aspects in relation to legal system of country, sources of law and law
making process is discussed. Further, the report discuss about sources with the
major aspects. In the end employment law has been discussed with its basic
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information and legislation used within it. Also case law has been explained in
relation over unfair dismissal for providing more specification to it. Then in the end
duties of employer towards employee has been given.
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