Employment Contract in UK Law
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Gunton v Richmond-upon-Thames London Borough Council
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If the only real redress is damages, how can its measure or scope be affected according to whether the contract is regarded as still subsisting or as at an end? To preserve the bare contractual relationship is an empty formality. The difference is fundamental, for there is no legal substitute for voluntary performance.
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Scally and Others v Southern Health and Social Services Board and Another
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I would define it as the relationship of employer and employee where the following circumstances obtain: (1) the terms of the contract of employment have not been negotiated with the individual employee but result from negotiation with a representative body or are otherwise incorporated by reference; (2) a particular term of the contract makes available to the employee a valuable right contingent upon action being taken by him to avail himself of its benefit; (3) the employee cannot, in all the circumstances, reasonably be expected to be aware of the term unless it is drawn to his attention.
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Hill v C. A. Parsons & Company Ltd
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Suppose, however, that the master insists on the employment terminating on the named day? In the ordinary course of things, the relationship of master and servant thereupon comes to an end: for it is inconsistent with the confidential nature of the relationship that it should continue contrary to the will of one of the parties thereto As Lord Kilmuir said in Vine v. National Dock Labour Board (1957) A. C., referring at page 500 to the ordinary master and servant case:
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Lister v Romford Ice and Cold Storage Company Ltd
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Since in any event the duty in question is one which exists by imputation or implication of law and not by virtue of any express negotiation between the parties, I should be inclined to say that there is no real disinction between the two possible sources of obligation.
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Lawson v Serco Ltd; Botham v Ministry of Defence; Crofts v Veta Ltd
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Putting the question in the traditional terms of the conflict of laws, what connection between Great Britain and the employment relationship is required to make section 94(1) the appropriate choice of law in deciding whether and in what circumstances an employee can complain that his dismissal was unfair?
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White and Others v Chief Constable of South Yorkshire Police and Others
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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.
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Western Excavating (ECC) Ltd v Sharp
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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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Enterprise Act 2016
... ... restricting exit payments in relation to public sector employment.[4th May 2016] ... Be it enacted by the Queen's most Excellent Majesty, ... advice or information about—(a) principles of the law of contract;(b) other sources of rights or obligations in relation to the supply of ... ...
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Coronavirus Act 2020
... ... National Insurance Contributions Act 2014 (power to amend the employment allowance provisions) made on or after 19 March 2020 and before the end of ... with an employee's employment whether or not they arise under the contract of employment, but(b) does not include terms and conditions about ... ...
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The National Minimum Wage Regulations 2015
... ... 2015No. 621 ... TERMS AND CONDITIONS OF EMPLOYMENT ... The National Minimum Wage Regulations 2015 ... 9thMarch2015 ... (a) who is employed under a contract of apprenticeship or apprenticeship agreement (within the meaning of ... ...
- The Agency Workers Regulations 2010
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The Employment Contract: From Collective Procedures to Individual Rights
The article analyses the institutional basis and form of the employment contract in Britain using the 1998 Workplace Employee Relations Survey. It assesses the extent to which collective bargaining...
- The Personal Employment Contract
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Forced employment contract change and the psychological contract
Purpose: To explore the implications for all employees' psychological contracts of a forced change from permanent to temporary employment status for some employees within an organisation. Design/m...
- THE CHANGING NATURE OF THE EMPLOYMENT CONTRACT
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Successful Appeal Against Dismissal Automatically Revives Employment Contract
In Salmon v Castlebeck Care (Teeside) Ltd & Anor UKEAT/0304/14, the Employment Appeal Tribunal (EAT) considered whether a successful appeal against a decision to dismiss needed to be communicated t...
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Directors personally liable for company’s breach of employment contract (UK)
If you have recently read the headline, say, “Directors personally liable for company’s breach of employment contract” and now quail in anticipation of a whole new avenue of attack on your business...
- Can You Divide An Employment Contract Between Multiple Transferees?
- Jurisdiction: Where No 'Choice of Law' Clause in Employment Contract
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Service out of the jurisdiction
County Court forms including the N1 money claim form.... ... (b) the defendant is not a consumer, but is a party to a consumer contract within article 17 of the said ... Regulation.” ... In proceedings to ... (b) the defendant is an employer and a party to a contract of employment within article 20 of the said ... Regulation.” ... In proceedings to ... ...
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T420)
Includes the refund form for claimants....Making a claim to an Employment Tribunal ... This publication also applies if you are appealing against: ... Breach of contract claims ... If you are making a claim for breach of contract you should be ... ...
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Application for refund of Employment Tribunal fees refund form for multiple claims and sponsors
Forms relating to appealing to an employment tribunal.... ... default judgment ... Reconsideration of judgment ... following final hearing ... Dismissal following withdrawal ... Employer Contract Claim ... Total paid ... You must complete this ... all questions marked with a * must be completed ... Section 3 – Repayment details – your ... ...
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Respond to a claim made to an employment tribunal
Includes the refund form for claimants.... ... (See Guidance - If needed, please use the blank sheet at the end of this form.) ... 7 Employer’s Contract Claim ... Only available in limited circumstances where the claimant has made a contract claim. (See Guidance) ... If you wish to make an ... ...