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Express And Implied Terms Notes

LPC Law Notes > Employment Law Notes

This is an extract of our Express And Implied Terms document, which we sell as part of our Employment Law Notes collection written by the top tier of University Of Law 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 and Implied Terms Express Terms:Written particulars (s.1 ERA & s.2 ERA)Other express terms: i. Right to suspend without pay ii. PILON clause iii. Mobility clause iv. Vary contract terms (limited effect) v. Search an employee vi. Dismiss without notice where gross misconduct vii. Post-employment restrictive covenants/confidentiality clauses
? Policies (non-contractual): i. Many disciplinary and grievance policies mirror the minimum standards set out in the ACAS Code. Oral agreementImplied Terms: courts imply only if necessaryStatute: s. 86 ERA 1996, equal pay clause, Working Time Regs.Custom/practiceOfficious bystander test (so obvious that parties would have agreed this term had they been asked to)Business efficacy test (to make the contract workable) Duties owed by employerDuty to pay - silent contract = employee entitled to reasonable remuneration. Claims under National Minimum Wage Act 1998Workers aged between 21 and 24 years of age shouldreceive pay of PS6.95 per hour 25 or over = PS7.20 per hour?
Duty to provide work William Hill v Tucker [1999]: in publicity-based orcommission- based careers there will be a duty to provide work.Duty to take reasonable care for the employee's health and safety Common law & Health and Safety at Work Act 1974?
Duty to take reasonable care in giving references Not obliged to provide references at all.If one is provided, a duty of care is owed.True, accurate and fair reference which must not give amisleading impression. There is no obligation to go into any detail or for the reference to be comprehensive (Spring v Guardian Assurance plc) Duties owed by employeeDuty to provide personal service (& not deliberately disable themselves)Duty to work with reasonable skill, care and diligenceDuty of good faith and confidence (faithful service, not acting against best interests of employer and not to disclose confidential info)

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