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Title: EMPLOYMENT LAW (lecture 3) - Express and implied terms.
Description: EMPLOYMENT LAW (lecture 3) - Express and implied terms.
Description: EMPLOYMENT LAW (lecture 3) - Express and implied terms.
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EMPLOYMENT – EXPRESS AND IMPLIED TERMS
COMMON EXPRESS TERMS
IMPLIED TERMS
*suspend without pay
*PILON (pay in lieu of notice)
*Garden leave
*Mobility clause
*Summary dismissal
*Email and internet
*Statute; custom and practice;
bystander; business efficacy
...
Seen as
unfair decision as negotiating power is
more weighted in favour of employer)
CONSTRUCTION OF EXPRESS
TERMS
*Investors’ Compensation Scheme Ltd v
West Bromwich Building Society [1998]
– Lord Hoffman’s 5 stage test:
1
...
Background to have been reasonably
available to the parties
3
...
The meaning of the document being a
combination of background and words
5
...
GARDEN LEAVE
officious
Statute: notice
*Statutory minimums – s
...
” Knowledge? Sagar v Ridehalgh &
Son Ltd (found that custom of deducting wages
re produce was found to be implied in by
custom); Meek v Port of London Authority
*Officious Bystander Test: Shirlaw v Southern
Foundaries (1926) Ltd -so obvious that it goes
without saying
...
*After employment – implied duty if narrower: not to
disclose confidential info, which is a trade secret or
akin to a trade secret
...
*Business Efficiency - Reigate v Union
Manufacturing Co Ltd - necessary in the
business sense to give efficiency to the contract
...
Duties owed by employee
*Personal service; reasonable skill, diligence
and care; good faith and confidence; obey
lawful orders
*Duties owed by both employer and employee
–trust and confidence
*Employee resigns
*Pay and contractual benefits continue through notice
period
*Employee is not permitted to attend the workplace
*Employee is bound by the implied duty of fidelity
*Void and unenforceable unless: they protect the
legitimate interests of the business; and 2
...
All of these comes into tribunal’s
deliberations
...
Tribunals are
more focused on it being more specific as opposed to
a broad approach of not being able to work in the
industry altogether
...
REMEDIES - *Damages, injunction, springboard
injunction
Title: EMPLOYMENT LAW (lecture 3) - Express and implied terms.
Description: EMPLOYMENT LAW (lecture 3) - Express and implied terms.
Description: EMPLOYMENT LAW (lecture 3) - Express and implied terms.