EMPLOYMENT LAW

Employment Law

Table of Contents

1. Introduction1

2. History3

3. Construction of Employment Contract5

3.1 Definition of a contract5

3.2 Express Terms7

3.3 Implied Terms8

4. Terms Implied By Statute11

4.1 By Statute12

4.2 Judicial Decision Making13

5. Common Law Implied Terms14

5.1 Common Law14

5.2 Implied Term: Duty to Take Reasonable Care14

5.3 Duty of Mutual Trust and Confidence19

6. Conclusion 23

Bibliography25

Law Assignment

1. Introduction

This paper aims to discuss the implications of the contract of employment especially in the context of implied terms. We will review the extent to which the incorporation of implied terms in the employment law has complicated the interactions between employees and their employers. This study will look things from the legislature point of view and is destines to reflect upon the best practices within organizations. It will also shed light on how to maintain a healthy interaction between employees and employers based on these implied terms of the law. This assignment will look at the historical background of employment law and will see how employment law has evolved in the past 40 years. It will also briefly look at express terms and will further explore the meaning of implied terms and how they have developed in recent years and consider whether they do complicate or assist the employer and employee. The essay will discuss and analysis case law in relation to implied terms and discuss if these implied terms favor the employer or employee.

To look into the terms in employment contracts it can be beneficial to begin looking at the historical perspective.

Question 3. Analyze whether the increase in the range and strength of implied terms in the contract of employment have served to overcomplicate the obligations on employers and employees.

“Where a contract of employment exists there exists also an employment relationship, and vice versa”. A contract of employment is the foundation of a legal relationship between employer and employee. It is a legally binding layout of acceptable codes of conduct, rules and regulations at the workplace. The contract of employment aims to establish the best practices with respect to the employer-employee relation in the organizational context. The moment one person agrees to work for another in return for remuneration, a legally binding contract exists. It is usual for a contract of employment to be in writing and signed by the employee but it could be argued that if an employee does not sign any acceptance, but nonetheless commences employment; a contract would then be implied by the conduct of the parties. A written, signed contract would be desirable for both parties and can prevent future disputes about the agreed or express terms.

The Employment Rights Act1996 s1 (hereafter referred to as ERA 1996) begins;

'where an employee begins employment with an employer, the employer shall give to the employee a written statement of particulars of employment'

Employment law focuses mainly on the relationship between the employee and the employer. It is one of the central features of employment law. This relationship was governed by common law principles and statutory provisions. These have also had an impact on employment ...