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Cilex Level 6 Employment law > The contract of employment > Flashcards

Flashcards in The contract of employment Deck (68)
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1

Written statement of terms

ERA 1996 s1 once worked for one month a written statement of terms must be provided with 2 months

2

Written statement of terms from April 2020

S1 statement to be provided on day one of employment

3

What is contained in a written statement

Date of commencement inc any prev employment and continuous employment salary amount and payment info, hours of work/holiday/sick/pension/notice, Job title/description. Place of work, term if not permanent, collective agreements

4

is a S1 statement the contract for employemet

no - but is evidence of the terms of an employment contract

5

Changes to S1 statement

S4 era any changes must be made and new statement given at the earliest opportunity and no later then one month after the change

6

if st 1 not corrected

both parties could be at a disadvantage as neither can deny that the terms are accurate

7

S1 case law

Glitz v Watford electric 1979
Martin V Solus Schall 1979

8

Type of terms

Express
Implied

9

Express Terms

Written into the contract and override implied terms

10

Implied terms

Not written - presumed intentions of the parties

11

Implied terms tests

Business efficacy, Officious bystander, Status approach

12

Business efficacy case law

The Moorcock 1889 (rarely used)

13

Officious bystander case law

- shirlaw v southern foundries 1939

14

Status approach

court will imply terms if they appear reasonable in the circumstance - Bank v Akhtar 1989, Judge V Crown Leisure 2005

15

Conflict between Express and Implied terms

Normally express terms take precedence unless they conflict with tort duties such as duty of care - Johnstone V Bloomsbury Heath 1991

16

Conflict cases

Johnstone V Bloomsbury 1991 (f)
Reda V Flag 2002 (a)

17

Collective agreements

S 178 Trade union and labor relations Act 1992- contract can not be silent but separate from the contract

18

Incorporation by conduct or custom

if parties act on the basis of a collective agreement it becomes incorporated into contacts regardless if the individual is part of the union

19

Incorporation Case law

Singh v British Steel 1974
Dunlop Tyres V Blows and others 2001
Henry and other V London General Transport 2001 - established changes binding on union members

20

Express Incorporation

collective agreements only become enforceable when incorporated

21

Express incorporation Caselaw

National coal board V Galley 1958 (F)
Singh V British Steel 1974 (F)

22

Work Rules

ie Handbook can be binding - keeley v fosroc international 2006

23

Custom

widespread - more than a one off - can become part of the main terms is is custom, Employee must know about it.
Has management drawn the policy to the attention of the staff,
Has the policy been followed without exception for a substantial period
Did the employees have a genuine expectation that the policy would be applied to them.

24

Custom Case law

Quinn V Calder Industrial 1996 (F)
Meek V Port of London 1918(A)

25

Implied Duties of Employers

Provide work, Wages, Reasonable care, mutual trust and confidence, Proper information, Accurate refereances

26

Provision of work

No duty to provide work Collier V Sunday Referee publishing 1940

27

Provision of work exceptions

when employing a skilled person you are bound to provide with work
Failure causes loss of reputation/publicity, Failure leads to reduction in actual/potential earnings

28

Pay Wages

Although no implied duty to provide work there is an implied duty to provide wages providing-the employee is ready and wiling to work and there is no express contractual term

29

Pay wages case law

way V latilla 1937 - no express term
Beveridge V KLM Uk Ltd - Express term

30

Reasonable Care

Safe operating system of work
Safe Tools/Plant/Materials
Adequate supervision
Trained and efficient personnel

31

Safe operating system of work

adequate warnings, provide safety equipment, Not cause foreseeable danger

32

Safe Tools/Plant/Materials

Tools/plant/materials must be safe/maintained and inspected periodically

33

Adequate supervision

conduct of the reasonable and prudent employer, positive thought for safety of workers in light of what is known/ought to be known

34

Trained and efficient personnel

if person injured by the joke of another can be liable if employer knew the responsible person was prone to such horseplay

35

Safe operating system of work case law

Thompson V smith ship repairs 1984 (NIHL)
Pape V cumbria CC 1991
Johnstone V Bloombury HA 1991

36

Safe Tools/Plant/Materials case law

Bradford V Robinson Rentals 1958
Davie V new Meryon Board Mills 1959
Woods v Durable Suites 1953
Crookall V Vickers Armstrong 1955

37

Adequate supervision case law

Barber V Somerset CC 2004

38

Trained and efficient personnel case law

Hudson V Ridge Manufacturing 1957
Smith V Crossley Bros 1951
McCready V Securicor 1992
Heath & Safety at work Act 1974

39

Mutual Trust and confidence

Trust between employer and employee

40

Mutual Trust and confidence case law

Malik and another V Credit and commerce international 1997
Morrow V Safeway Stores 2002
Ogilvie V Neyrfor Weir 2003
GMB trade Union V Brown 2007

41

Provide proper infomation

employers owe a duty to keep employees informed about changes, such as pensions or other changes to the employment relationship

42

Provide proper information case law

scally V Southern Heath and social services board 1991
HRA 1998 - right to private life

43

References

No duty to provide a reference but must be acurate, Failure to provide under protected characteristics

44

References Case law - protected characteristic

Coote V Granada Hospitality Ltd 1999

45

References Case law- inacurate

Spring V Guardian Assurance plc V Others 1994
Harris V TSB 2000

46

Implied duties of employees

Obedience
Personal service
Reasonable care
Good Faith/Fidelity

47

Obediance

Reasonable orders within scope of contract

48

Obedience case law

Pepper V Webb 1969
Wilson V Racher 1974

49

Obedience case law - unlawful orders

Morrish V Henlys 1973

50

Obedience case law - outside scope

O'brien V Associated fire alarms 1969

51

Personal service

Be ready and willing to work - exc sickness
Illegal strike action breaches

52

Reasonable care

if employee acts negligently , Employee must take reasonable care of property

53

Reasonable care case law

Lister V Romford Ice & Cold storage 1957
Superflex V Plaisted 1958

54

Good Faith and fidelity

act in best interests of the company, non compete, non disclosure

55

Not to disrupt employers business interest

going on strike/go slows

56

Not to disrupt employers business interest - case law

ticehurst V BT 1992

57

Work to Rule

not always classed as ind action

58

Work to rule case law

secretary state for employment v ASLEF (2) 1972
Burgess and other V Stevedoring Services 2002

59

Duty not to compete

can't stop employees from having another job but can stop competetion risk of divulging trade secrets

60

Duty not to compete case law

hivac V park royal scientific instruments 1946

61

Confidential Infomation

protect employer from employees use of trade secrets - implied duty of good faith

62

Confidential Info during employment- case law

Robb V Green 1895
United Sterling corp V Mannion 1974
marshall V Industrial Systems and control 1992

63

Confidential info after employment - case law

faccenda Chicken v Fowler 1986

64

Inventions and patents

unless expressly written all inventions belong to the employer unless not sole reason for employment or incidental value

65

Inventions and patents case law

British Syphon company v homewood 1956
Patents act 1977

66

Duty to disclose

employee has a duty to disclose information of benefit or detriment (if public interest unless in malice)

67

Duty to account

must account for all money and property during employment

68

Duty to account case law

boston deep sea fishing V ansell 1888
item software v fassihi and others 2005
tesco v Pook and others 2004
nottingham uni v fishel 2020
Bribery act 2010