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Express Implied Terms And Post Termination Restraints Notes

BPTC Law Notes > Employment Law Notes

This is an extract of our Express Implied Terms And Post Termination Restraints document, which we sell as part of our Employment Law Notes collection written by the top tier of City Law School students.

The following is a more accessble plain text extract of the PDF sample above, taken from our Employment Law Notes. Due to the challenges of extracting text from PDFs, it will have odd formatting:

Express/Implied Terms and Post Termination Restraints

1. Express TermsS.1 Employment Rights Act 1996 o At beginning of employment, employer must give written statement of particulars of employment within 2 months o Can bring claim asserting failure but failure does not give rise to claim on its own o Written particulars which statement must contain:
? Names
? Dates
? Continuous employment periods
? Pay
? How calculated
? Hours o S.2(4) ERA - some items must be in ONE document:
? Names
? Date of commencement
? Date of continuous service
? Rate and frequency of pay
? Hours of work
? Holiday entitlement
? Job title
? Place of workIf no formal contract or written particulars, can gather other evidence to demonstrate contract o E.g. offer letter, handbook and policies, job advertOther terms may appear o Garden leave o Suspension without pay o Mobility clauses
? I.e. may be required to work somewhere else. o Variation o Right to search o Restriction of email/internet

2. Implied Terms?

Implication by: o Statute o Custom/past conduct o Officious bystander test o Business efficacy Duties upon employer as implied conditions o To pay o To provide work
? Arguably no longer exists as long as payment is given. Depends on facts of case, e.g. actor is dependent on publicity from work despite pay o Health and safety
? Reasonable care for employee. Common law, statutory and tortious duties o References
? Duty to take reasonable care if reference given (no duty to provide one)

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