Employment Relationship in UK Law

Leading Cases
  • Malik and Mahmud v Bank of Credit and Commerce International SA
    • House of Lords
    • 12 juin 1997

    The trust and confidence required in the employment relationship can be undermined by an employer, or indeed an employee, in many different ways. The conduct must, of course, impinge on the relationship in the sense that, looked at objectively, it is likely to destroy or seriously damage the degree of trust and confidence the employee is reasonably entitled to have in his employer.

  • White and Others v Chief Constable of South Yorkshire Police and Others
    • House of Lords
    • 03 décembre 1998

    It is a non sequitur to say that because an employer is under a duty to an employee not to cause him physical injury, the employer should as a necessary consequence of that duty (of which there is no breach) be under a duty not to cause the employee psychiatric injury: see Hilson, Nervous Shock and Categorization of Victims, [1998] Tort L.R. 37, at 42. The rules to be applied when an employee brings an action against his employer for harm suffered at his workplace are the rules of tort.

  • Lewis v Motorworld Garages Ltd
    • Court of Appeal (Civil Division)
    • 01 août 1985

    On the other hand it is now established that the repudiatory conduct may consist of a series of acts or incidents, some of them perhaps quite trivial, which cumulatively amount to a repudiatory breach of the implied term of the contract of employment that the employer will not, without reasonable and proper cause, conduct himself in a manner calculated or likely to destroy or seriously damage the relationship of confidence and trust between employer and employee: see Woods v. W.M.Car Services (Peterborough) Ltd. [1981] ICR 666 in the Employment Appeal Tribunal.

    (c) The breach of this implied obligation of trust and confidence may consist of a series of actions on the part of the employer which cumulatively amount to a breach of the term, though each individual incident may not do so. In particular in such a case the last action of the employer which leads to the employee leaving need not itself be a breach of contract; the question is, does the cumulative series of acts taken together amount to a breach of the implied term?

  • Walls Meat Company Ltd v Khan
    • Court of Appeal (Civil Division)
    • 24 octobre 1978

    The performance of an act, in this case the presentation of a complaint, is not reasonably practicable if there is some impediment which reasonably prevents, or interferes with, or inhibits, such performance.

  • Abernethy v Mott, Hay and Anderson
    • Court of Appeal (Civil Division)
    • 06 février 1974

    A reason for the dismissal of an employee is a set of facts known to the employer, or it may be of beliefs held by him, which cause him to dismiss the employee. If at the time of his dismissal the employer gives a reason for it, that is no doubt evidence, at any rate, as against him, as to the real reason, but it does notnecessarily constitute the real reason.

  • Western Excavating (ECC) Ltd v Sharp
    • Court of Appeal (Civil Division)
    • 14 novembre 1977

    If theemployer is guilty of conduct which is a significant breach going to the root of the contract of employment; or which shows that the employer no longer intends to be bound by one or more of the essential terms of the contract; then the employee is entitled to treat himself as discharged from any further performance. If he does so, then he terminates the contract by reason of the employer's conduct.

See all results
Legislation
  • Children and Families Act 2014
    • UK Non-devolved
    • 1 janvier 2014
    ... ... of facilitating contact between persons with a prescribed relationship to a person adopted before the appointed day and that person's relatives ... independent living includes provision relating to—(a) finding employment;(b) obtaining accommodation;(c) participation in society ... (4) ... ...
  • European Union (Future Relationship) Act 2020
    • UK Non-devolved
    • 1 janvier 2020
    ... ... Disapplication of certain review provisions ... (31) Section 28 of the Small Business, Enterprise and Employment Act 2015 (duty to review regulatory provisions in secondary legislation) does not apply in relation to any power to make regulations under this Act ... ...
  • Equality Act 2010
    • UK Non-devolved
    • 1 janvier 2010
    ... ... —(a) in the arrangements A makes for deciding to whom to offer employment;(b) as to the terms on which A offers B employment;(c) by not offering B ... any other benefit, facility or service;(c) by terminating A's relationship with B (where B is a devil) ;(d) by subjecting B to pressure to leave the ... ...
  • Management of Health and Safety at Work Regulations 1992
    • UK Non-devolved
    • 1 janvier 1992
    ... ... “employment business” means a business (whether or not carried on with a view to ... health at work of workers with a fixed-duration employment relationship or a temporary employment relationship (OJNo. L 206, 29.7.91, p. 19) ... ...
See all results
Books & Journal Articles
See all results
Law Firm Commentaries
See all results
Forms
  • T422)
    • HM Courts & Tribunals Service court and tribunal forms
    Includes the refund form for claimants.
    ...Responding to a claim to an Employment Tribunal ... Presidential Guidance ... Under the Employment Tribunal Rules ... as if ‘employment’ referred to the claimant’s working relationship with you ... 4.1 Please tick the appropriate box to say whether or not ... ...
  • T423)
    • HM Courts & Tribunals Service court and tribunal forms
    Includes the refund form for claimants.
    ...Responding to a claim to an Employment Tribunal ... (Details of a hearing to be sent) ... Presidential Guidance ... as if ‘employment’ referred to the claimant’s working relationship with you ... 4.1 Please tick the appropriate box to say whether or not ... ...
  • T426)
    • HM Courts & Tribunals Service court and tribunal forms
    Includes the refund form for claimants.
    ... ... register at https://www.gov.uk/employment-tribunal-decisions ... Presidential Guidance ... Under the Employment ... email Edinburgheat@justice.gov.uk ... Relationship between application for reconsideration and appeal ... An application for ... ...
  • Form EX105
    • HM Courts & Tribunals Service court and tribunal forms
    County Court forms including the N1 money claim form.
    ... ... Please include the postcode ... Contact telephone number ... Relationship status ... Married/Civil Partnership ... Dependants ... The people who you ... including court references ... Employment status ... Unemployed ... If employed, please state ... your occupation ... ...
See all results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT