The contract of employment Flashcards
(68 cards)
Written statement of terms
ERA 1996 s1 once worked for one month a written statement of terms must be provided with 2 months
Written statement of terms from April 2020
S1 statement to be provided on day one of employment
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
is a S1 statement the contract for employemet
no - but is evidence of the terms of an employment contract
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
if st 1 not corrected
both parties could be at a disadvantage as neither can deny that the terms are accurate
S1 case law
Glitz v Watford electric 1979
Martin V Solus Schall 1979
Type of terms
Express
Implied
Express Terms
Written into the contract and override implied terms
Implied terms
Not written - presumed intentions of the parties
Implied terms tests
Business efficacy, Officious bystander, Status approach
Business efficacy case law
The Moorcock 1889 (rarely used)
Officious bystander case law
- shirlaw v southern foundries 1939
Status approach
court will imply terms if they appear reasonable in the circumstance - Bank v Akhtar 1989, Judge V Crown Leisure 2005
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
Conflict cases
Johnstone V Bloomsbury 1991 (f)
Reda V Flag 2002 (a)
Collective agreements
S 178 Trade union and labor relations Act 1992- contract can not be silent but separate from the contract
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
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
Express Incorporation
collective agreements only become enforceable when incorporated
Express incorporation Caselaw
National coal board V Galley 1958 (F)
Singh V British Steel 1974 (F)
Work Rules
ie Handbook can be binding - keeley v fosroc international 2006
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.
Custom Case law
Quinn V Calder Industrial 1996 (F)
Meek V Port of London 1918(A)
