A more recent version of these Contract Of Employment I Tutorial notes – written by University Of Law students – is available here.
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WS1 - Contract of Employment iTutorial Noterup
Contractual relationship, express and implied terms (e.g. indemnity clause and anti-discriminatory clause implied) Governed by the law of contract as well as common law and statute therefore Outcomes:The recruitment process:When is the contract formed?Formati on
Activity 1- creating the contract
Terms of the contract?Activity 2 - The contract??
There is no correct answer as different employers have different recruitment processes Formed before the employee starts... As the requirements of a valid contract are satisfied: There is consideration as the employer has expressed a wish to pay the employee for their service, and since an employment contract is a commercial contract, there is a presumed intention to create legal relations
Three types of terms in the contract: express, implied terms by common law (implied as a result of case law built up over a number of years) and terms implied by statute Can be difficult to ascertain the express terms since not all employers write everything down However s.1 Employment Rights Act 1996 requires employers to provide a written statement of terms and conditions Employee has just started new job... list the key terms:
That list is straight from s.1 If some of these do not apply to the employee in question, the statement must state which terms do not apply; the statement may also refer to other documents (e.g. pension scheme) Must be given to the employee within 2 months of commencement of the employment; if this doesn't happen the employee can apply to the tribunal who will determine what those terms should be
Buy the full version of these notes or essay plans and more in our Employment Law Notes.