Employment Relationship in UK Law

Leading Cases
  • Malik and Mahmud v Bank of Credit and Commerce International SA
    • House of Lords
    • 12 Junio 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 Diciembre 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.

  • Council of Civil Service Unions v Minister for the Civil Service
    • House of Lords
    • 22 Noviembre 1984

    By "irrationality" I mean what can by now be succinctly referred to as "Wednesbury unreasonableness" ( Associated Provincial Picture Houses Ltd. v. Wednesbury Corporation [1948] 1 K.B. 223). It applies to a decision which is so outrageous in its defiance of logic or of accepted moral standards that no sensible person who had applied his mind to the question to be decided could have arrived at it.

  • Lewis v Motorworld Garages Ltd
    • Court of Appeal (Civil Division)
    • 01 Agosto 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 Octubre 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.

  • Western Excavating (ECC) Ltd v Sharp
    • Court of Appeal (Civil Division)
    • 14 Noviembre 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.

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Legislation
  • Employment Act 2002
    • UK Non-devolved
    • 1 de Enero de 2002
    ......employee who satisfies specified conditions— . . (a) as to duration of employment,. . . (b) as to relationship with a newborn, or expected, child, and. . . (c) as to relationship with the child's mother,. . . to be absent from work on leave under this ......
  • Equality Act 2010
    • UK Non-devolved
    • 1 de Enero de 2010
    ...... the law relating to rights and responsibilities in family relationships; and for connected purposes. . [8th April 2010] . . Be it enacted by ... Employees . Chapter 1. . . Employment, etc. . Employees . S-39 . Employees and applicants 39 ......
  • Finance Act 2019
    • UK Non-devolved
    • 1 de Enero de 2019
    ......Employment and social security income Employment and social security income . S-7 . ... (c) profits arising from certain loan relationships and derivative contracts. S-18 . Diverted profits tax 18 Diverted ......
  • The Insolvency (England and Wales) Rules 2016
    • UK Non-devolved
    • 1 de Enero de 2016
    ...... not the proposed administrator has had any prior professional relationship with the company and if so a short summary of the relationship; . (g) the .... (4) The liquidator must only authorise the employment of a named person or a named firm approved by the liquidator. . (5) The ......
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Books & Journal Articles
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Law Firm Commentaries
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Forms
  • Chapter ESM11040
    • HMRC Guidance manuals
    • Formularios de Derecho Civil, Mercantil y Registral
    • HM Revenue & Customs
    ...... to provide personal service is an essential feature of an employment relationship. See ESM0530 and ESM0531 for further guidance. If a worker ......
  • Chapter EIM00838
    • HMRC Guidance manuals
    • Formularios de Derecho Civil, Mercantil y Registral
    .... . . Not from the employment: from something else. In HMRC v Julian Martin, at paragraph 55 of his ... not be such an item. The mere existence of an employment relationship is not enough.”. Judge Martin expanded on this in paragraph 56 as ......
  • Chapter PAYE81530
    • HMRC Guidance manuals
    • Formularios de Derecho Civil, Mercantil y Registral
    • HM Revenue & Customs
    ...... may need extra help in dealing with PAYE procedures when employment starts. Giving these cases extra attention in the early stages may. ... wholly or partly in the UK, and having any employment relationship with a non-UK employer. ......
  • Chapter ESM8575
    • HMRC Guidance manuals
    • Formularios de Derecho Civil, Mercantil y Registral
    • HM Revenue & Customs
    ...... that fact may be considered to be a strong pointer towards an employment relationship. In earlier cases the fact that the service company worker ......
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