Shared Flashcard Set


Contract of employment

Additional Law Flashcards




What would a written statement contain?
1) the name of employee, date of employment
2) the scale of remuneration, when remuneration is paid
3) terms and conditions relating to holiday pay, provisions for sick pay
4) length of notice employee is obliged to give/receive on termination of employment
5) brief description of job title
6) if employment is not permanent, but a fixed term, the date when its to end
7) place of work or various work places
8) any collective agreements which affects the terms and conditions of the employment
if employee is required to work outside of UK for more than a month, the details of the workplace
What is a written statement?
A written statement contains the particulars of employment which is given when the employee begins employment with the employer
What would happen if the employer made changes to the written statement
The employer must provide the changed written statement to the employee within a month under s 4 ERA 1996
Sick pay/pension schemes and termination
The employer can refer the employee to a different document in regards to sick pay and pension schemes under s 2(2) ERA 1996

In regards to the termination, this can be referred to in collective agreements under s 2(3) ERA 1996
Failure to provide written statement?
Employee can apply to the Employment Tribunal for a written statement

The employee can also be compensated for the failure to provide a written statement, but they must also have brought another claim to Tribunal (i.e. unfair/wrongful dismissal)

S 38 Employment Act 2002 - Employee will be compensated between 2-4 weeks pay of the statutory minimum
What are some implied terms in the contract owed by the employer?
1) Duty to pay – where contract is silent on remuneration, the implied term gives the employee a right of reasonable remuneration
2) Duty to provide work – William Hill v Tucker established that commission based and publicity based careers, there is a duty to provide work
3) Duty to take reasonable care of the employee’s health and safety – to ensure that the employee is provided a reasonable working environment
4) Duty to give references – there is no duty on the employer to provide a reference, but if it is given, it must be true
What are some of the implied terms in the contract owed by the employee?
1) Duty to provide personal service – duty to perform the work
2) Duty to work with reasonable care and skill
3) duty of good faith and confidence – imposes employee to be honest and not disclose confidential information
4) Duty to obey lawful orders
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