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Cilex Level 6 Employment law > The contract of employment > Flashcards

The contract of employment Flashcards

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1
Q

Written statement of terms

A

ERA 1996 s1 once worked for one month a written statement of terms must be provided with 2 months

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2
Q

Written statement of terms from April 2020

A

S1 statement to be provided on day one of employment

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3
Q

What is contained in a written statement

A

Date of commencement inc any prev employment and continuous employment salary amount and payment info, hours of work/holiday/sick/pension/notice, Job title/description. Place of work, term if not permanent, collective agreements

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4
Q

is a S1 statement the contract for employemet

A

no - but is evidence of the terms of an employment contract

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5
Q

Changes to S1 statement

A

S4 era any changes must be made and new statement given at the earliest opportunity and no later then one month after the change

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6
Q

if st 1 not corrected

A

both parties could be at a disadvantage as neither can deny that the terms are accurate

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7
Q

S1 case law

A

Glitz v Watford electric 1979

Martin V Solus Schall 1979

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8
Q

Type of terms

A

Express

Implied

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9
Q

Express Terms

A

Written into the contract and override implied terms

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10
Q

Implied terms

A

Not written - presumed intentions of the parties

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11
Q

Implied terms tests

A

Business efficacy, Officious bystander, Status approach

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12
Q

Business efficacy case law

A

The Moorcock 1889 (rarely used)

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13
Q

Officious bystander case law

A
  • shirlaw v southern foundries 1939
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14
Q

Status approach

A

court will imply terms if they appear reasonable in the circumstance - Bank v Akhtar 1989, Judge V Crown Leisure 2005

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15
Q

Conflict between Express and Implied terms

A

Normally express terms take precedence unless they conflict with tort duties such as duty of care - Johnstone V Bloomsbury Heath 1991

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16
Q

Conflict cases

A

Johnstone V Bloomsbury 1991 (f)

Reda V Flag 2002 (a)

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17
Q

Collective agreements

A

S 178 Trade union and labor relations Act 1992- contract can not be silent but separate from the contract

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18
Q

Incorporation by conduct or custom

A

if parties act on the basis of a collective agreement it becomes incorporated into contacts regardless if the individual is part of the union

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19
Q

Incorporation Case law

A

Singh v British Steel 1974
Dunlop Tyres V Blows and others 2001
Henry and other V London General Transport 2001 - established changes binding on union members

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20
Q

Express Incorporation

A

collective agreements only become enforceable when incorporated

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21
Q

Express incorporation Caselaw

A

National coal board V Galley 1958 (F)

Singh V British Steel 1974 (F)

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22
Q

Work Rules

A

ie Handbook can be binding - keeley v fosroc international 2006

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23
Q

Custom

A

widespread - more than a one off - can become part of the main terms is is custom, Employee must know about it.
Has management drawn the policy to the attention of the staff,
Has the policy been followed without exception for a substantial period
Did the employees have a genuine expectation that the policy would be applied to them.

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24
Q

Custom Case law

A

Quinn V Calder Industrial 1996 (F)

Meek V Port of London 1918(A)

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25
Q

Implied Duties of Employers

A

Provide work, Wages, Reasonable care, mutual trust and confidence, Proper information, Accurate refereances

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26
Q

Provision of work

A

No duty to provide work Collier V Sunday Referee publishing 1940

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27
Q

Provision of work exceptions

A

when employing a skilled person you are bound to provide with work
Failure causes loss of reputation/publicity, Failure leads to reduction in actual/potential earnings

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28
Q

Pay Wages

A

Although no implied duty to provide work there is an implied duty to provide wages providing-the employee is ready and wiling to work and there is no express contractual term

29
Q

Pay wages case law

A

way V latilla 1937 - no express term

Beveridge V KLM Uk Ltd - Express term

30
Q

Reasonable Care

A

Safe operating system of work
Safe Tools/Plant/Materials
Adequate supervision
Trained and efficient personnel

31
Q

Safe operating system of work

A

adequate warnings, provide safety equipment, Not cause foreseeable danger

32
Q

Safe Tools/Plant/Materials

A

Tools/plant/materials must be safe/maintained and inspected periodically

33
Q

Adequate supervision

A

conduct of the reasonable and prudent employer, positive thought for safety of workers in light of what is known/ought to be known

34
Q

Trained and efficient personnel

A

if person injured by the joke of another can be liable if employer knew the responsible person was prone to such horseplay

35
Q

Safe operating system of work case law

A

Thompson V smith ship repairs 1984 (NIHL)
Pape V cumbria CC 1991
Johnstone V Bloombury HA 1991

36
Q

Safe Tools/Plant/Materials case law

A

Bradford V Robinson Rentals 1958
Davie V new Meryon Board Mills 1959
Woods v Durable Suites 1953
Crookall V Vickers Armstrong 1955

37
Q

Adequate supervision case law

A

Barber V Somerset CC 2004

38
Q

Trained and efficient personnel case law

A

Hudson V Ridge Manufacturing 1957
Smith V Crossley Bros 1951
McCready V Securicor 1992
Heath & Safety at work Act 1974

39
Q

Mutual Trust and confidence

A

Trust between employer and employee

40
Q

Mutual Trust and confidence case law

A

Malik and another V Credit and commerce international 1997
Morrow V Safeway Stores 2002
Ogilvie V Neyrfor Weir 2003
GMB trade Union V Brown 2007

41
Q

Provide proper infomation

A

employers owe a duty to keep employees informed about changes, such as pensions or other changes to the employment relationship

42
Q

Provide proper information case law

A

scally V Southern Heath and social services board 1991

HRA 1998 - right to private life

43
Q

References

A

No duty to provide a reference but must be acurate, Failure to provide under protected characteristics

44
Q

References Case law - protected characteristic

A

Coote V Granada Hospitality Ltd 1999

45
Q

References Case law- inacurate

A

Spring V Guardian Assurance plc V Others 1994

Harris V TSB 2000

46
Q

Implied duties of employees

A

Obedience
Personal service
Reasonable care
Good Faith/Fidelity

47
Q

Obediance

A

Reasonable orders within scope of contract

48
Q

Obedience case law

A

Pepper V Webb 1969

Wilson V Racher 1974

49
Q

Obedience case law - unlawful orders

A

Morrish V Henlys 1973

50
Q

Obedience case law - outside scope

A

O’brien V Associated fire alarms 1969

51
Q

Personal service

A

Be ready and willing to work - exc sickness

Illegal strike action breaches

52
Q

Reasonable care

A

if employee acts negligently , Employee must take reasonable care of property

53
Q

Reasonable care case law

A

Lister V Romford Ice & Cold storage 1957

Superflex V Plaisted 1958

54
Q

Good Faith and fidelity

A

act in best interests of the company, non compete, non disclosure

55
Q

Not to disrupt employers business interest

A

going on strike/go slows

56
Q

Not to disrupt employers business interest - case law

A

ticehurst V BT 1992

57
Q

Work to Rule

A

not always classed as ind action

58
Q

Work to rule case law

A

secretary state for employment v ASLEF (2) 1972

Burgess and other V Stevedoring Services 2002

59
Q

Duty not to compete

A

can’t stop employees from having another job but can stop competetion risk of divulging trade secrets

60
Q

Duty not to compete case law

A

hivac V park royal scientific instruments 1946

61
Q

Confidential Infomation

A

protect employer from employees use of trade secrets - implied duty of good faith

62
Q

Confidential Info during employment- case law

A

Robb V Green 1895
United Sterling corp V Mannion 1974
marshall V Industrial Systems and control 1992

63
Q

Confidential info after employment - case law

A

faccenda Chicken v Fowler 1986

64
Q

Inventions and patents

A

unless expressly written all inventions belong to the employer unless not sole reason for employment or incidental value

65
Q

Inventions and patents case law

A

British Syphon company v homewood 1956

Patents act 1977

66
Q

Duty to disclose

A

employee has a duty to disclose information of benefit or detriment (if public interest unless in malice)

67
Q

Duty to account

A

must account for all money and property during employment

68
Q

Duty to account case law

A 
boston deep sea fishing V ansell 1888
item software v fassihi and others 2005
tesco v Pook and others 2004
nottingham uni v fishel 2020
Bribery act 2010

Cilex Level 6 Employment law (7 decks)

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