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Chapter

Cover Employment Law

7. Contractual employment rights  

This chapter introduces the basic principles of the law of contract as they apply to contracts of employment. It focuses on three issues in particular. First we look at how contracts are formed in the context of an employment relationship and at the conditions that need to be in place if a contract of employment is to be enforceable in a court. We then go on to discuss how employers can go about lawfully varying the terms of contracts by using flexibility clauses and other approaches. Finally we discuss the need to provide employees with written particulars of their employment soon after they start working in a new job.

Chapter

Cover Selwyn's Law of Employment

16. Wrongful Dismissal  

Under the law which existed prior to 1971, an employer was entitled to dismiss an employee for any reason or no reason at all. In 1971 the Industrial Relations Act created the right for many employees not to be unfairly dismissed, and though that Act was repealed, the relevant provisions were substantially re-enacted in the Trade Union and Labour Relations Act 1974, and further changes were made by the Employment Protection Act 1975. The Employment Rights Act 1996 (as amended) contains most of the relevant statutory provisions currently in force. This chapter discusses the ways in which wrongful dismissal may occur, collateral contracts, summary dismissal, and employment law remedies.

Chapter

Cover Selwyn's Law of Employment

19. Duties of Ex-employees  

This chapter considers the duties of ex-employees, ie the obligations which apply to an employee who is about to leave his employment (whether voluntarily or otherwise), or who has actually left that employment. The law must strike a delicate balance. On the one hand, an employee has a right to earn his living, and knowledge and skills obtained in his former employment will doubtless enable him to continue to do so; on the other hand, an employer is entitled to limited protection against an employee who may well be seeking to compete. It includes garden leave, trade secrets and confidential information, restraint of trade, and working for competitors.

Chapter

Cover Employment Law Concentrate

2. Contracts of employment  

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter discusses employment contracts. Covenants potentially in restraint of trade are express written terms which may apply during the contract, but are usually expressed to apply after termination. They are a rare illustration of contractual terms, which must be in writing. The general purpose of these is to prevent a former employee competing against his former employers; for example, by taking commercially confidential information or influencing customers to give their business to the firm he has joined. The Supreme Court has recently ruled on the width of the doctrine of severance of such covenants. Topics covered include the provision of the written statement, a right which employees have enjoyed since 1963, but which was extended to workers in 2020; the sources of terms in employment contracts; duties of the employer; and duties of the employee. These duties or implied terms are divided into terms implied in law (ie inserted into every contract of employment) and terms implied in fact (ie inserted into a particular contract of employment). The latter are divided into terms implied in fact which work against the employers’ interests and terms which work against the employees’ interests. Examples of the former include the duty to pay wages; examples of the latter include the duty to obey reasonable orders.

Chapter

Cover Employment Law Concentrate

8. Variation, breach, and termination of employment  

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter discusses variations of terms and conditions of employment. Theoretically, neither employer nor employee can unilaterally alter the terms and conditions of employment. A unilateral variation that is not accepted will constitute a breach and, if serious, could amount to a repudiation of the contract. A repudiation does not automatically terminate a contract of employment. In order to justify summary dismissal, the employee must be in breach of an important express or implied term of the contract.

Book

Cover Concentrate Questions and Answers Employment Law
The Concentrate Questions and Answers series offers the best preparation for law students tackling exam questions. Each book includes typical questions, bullet-pointed answer plans, suggested answers, author commentary, and illustrative diagrams and flowcharts. This book offers clear advice on what to expect in typical employment law exams. It addresses a wide range of employment law topics that are most often encountered in employment law courses, including questions on ‘mixed’ topics. The book provides sample essay and problem questions to allow students to practise and refine exam skills. These are supported by suggested answers and diagram plans. Detailed author commentary explains what examiners are looking for, traps to avoid, and how students can best achieve their potential. This book also includes separate chapters on skills and tips for success in both exams and in coursework assessments. It is an ideal tool to help support revision or to use throughout studies to help review learning.

Chapter

Cover Employment Law Concentrate

11. Continuity of employment and TUPE  

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter discusses continuous employment and the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE). An employee’s period of continuous employment begins on the day on which the employee starts work. Although continuity provisions normally apply to employment by one employer, there are situations where a transfer from one employer to another can preserve continuity of employment. One such situation is when there is a relevant transfer under TUPE. TUPE acts to ensure that an individual’s contract of employment is transferred in its entirety when the individual employee experiences a change of employer as a result of a transfer.

Chapter

Cover Concentrate Questions and Answers Employment Law

6. Statutory employment protection and related contractual issues  

The Q&A series offer the best preparation for tackling exam questions. Each book includes typical questions, bullet-pointed answer plans and suggested answers, author commentary, and illustrative diagrams and flowcharts. This chapter presents sample exam questions about statutory employment protection and related contractual issues. Through a mixture of problem questions and essays, students are guided through some of the key issues on the topic of statutory employment protection including eligibility requirements for the right not to be unfairly dismissed, the right to written reasons for dismissal, statutory minimum notice periods, the right to be accompanied to disciplinary hearings, and the ACAS Code of Practice on Disciplinary and Grievance Procedures. Students are also introduced to the current key debates in the area and provided with suggestions for additional reading for those who want to take things further.

Book

Cover Employment Law Concentrate
Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. Employment Law Concentrate helps to consolidate knowledge in this area of law. This seventh edition includes updates on employment law, including further coverage of the employment status, written particulars, restraint of trade, and equal pay. The book includes discussion of recent cases, including Supreme Court ones, and forthcoming amendments to the law are noted where appropriate. The volume also looks at implied terms, discrimination, parental rights, working time, and types of breach of employment contracts and termination of employment contracts. Finally, the text looks at dismissal issues (including both wrongful and unfair dismissal), redundancy, and trade unions. The chapter on trade unions has been transferred to online-only content, available in the online resources for this book.