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IDS Contracts of Employment 2019

IDS Contracts of Employment 2019
Practice Area:  Employment Law
ISBN:  9780414070509
Published by:  Sweet & Maxwell
Publication Date:  06 Aug 2019
Subscription Information:  Non-Subscribable Product
Format:  Paperback
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IDS Employment Law Handbook Contracts of Employment examines the tests for establishing employment status, including the definition of an "employee" and other categories of worker. It 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; and considers breach of contract and remedies for breach, including injunctions, calculation of damages and the duty to mitigate loss.


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
Void terms and illegality
Void terms
Employee competition and confidentiality
Fidelity and loyalty
Garden leave
Post-termination restrictive covenants
Construction and severability of restrictive covenants
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
Termination by agreement
Termination by performance
Termination by operation of law
Supervening events
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"


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