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IDS Contracts of Employment 2019

IDS Contracts of Employment 2019
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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PRODUCT DESCRIPTION

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.

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CONTENTS

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