Contracts of Employment Handbook

Practice area: Employment law
ISBN: 9780414033184
Published by IDS, November 2014

Available formats
Paperback
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Description

Providing in-depth coverage of the rules governing the formation of a contract, the Contracts of Employment Handbook:

  • Examines the tests for establishing employment status, including the definition of an “employee” and other categories of worker
  • Looks at the content of employment contracts, including express, implied, incorporated and statutory terms
  • Covers employers’ obligation to provide employees with a written statement of employment particulars
  • Sets out the circumstances in which courts will refuse to enforce an agreement, such as void terms, sham contracts and illegal contracts
  • Deals with garden leave and restrictive covenants
  • Analyses termination of contract, including express dismissal, constructive dismissal, expiry of a fixed-term
  • Considers breach of contract and remedies for breach, including injunctions, calculation of damages and the duty to mitigate loss
Contents

Basic requirements
Formation of the contract
Capacity to contract
Who is an employee?
Specific categories of workers

Contractual terms
Express terms
Implied terms
Terms central to the employment relationship
Business efficacy
Custom and practice
Conduct of the parties
Obvious terms – the “officious bystander” test
Incorporated terms
Statutory terms

Written particulars
Required particulars
Notifying changes
Legal status of written particulars
Remedies

Void terms and illegality
Void terms
Illegality

Employee competition and confidentiality
Fidelity and loyalty
Garden leave
Post-termination restrictive covenants
Construction and severability of restrictive covenants
Remedies

Variation of contract
Variation by agreement
Contractual right to vary
Collective agreements
Unilateral variation
Transfer of undertakings

Breach of Contract
Breach by the employee
Breach by the employer
Wrongful dismissal
Calculation of damages
Deductions from damages
Equitable remedies
Public law remedies

Termination by dismissal
Express dismissal
Non-renewal of limited-term contracts
Constructive dismissal

Termination by resignation, agreement or performance
Resignation
Termination by agreement
Termination by performance

Termination by operation of law
Supervening events
Frustration

Date of termination
Date of termination at common law
Significance of EDT
Termination with notice
Termination without notice
Constructive dismissal
Internal appeals against dismissal
Statutory extension of EDT and “relevant date”