2. Contracts of employment

2021 ◽  
pp. 13-34
Author(s):  
Michael Jefferson
Keyword(s):  
Supreme Court ◽  
General Purpose ◽  
Confidential Information ◽  
Employment Contracts ◽  
Essential Information ◽  
The Supreme Court ◽  
Contract Of Employment ◽  
Restraint Of Trade

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter discusses employment contracts. Covenants potentially in restraint of trade are express written terms which may apply during the contract, but are usually expressed to apply after termination. They are a rare illustration of contractual terms, which must be in writing. The general purpose of these is to prevent a former employee competing against his former employers; for example, by taking commercially confidential information or influencing customers to give their business to the firm he has joined. The Supreme Court has recently ruled on the width of the doctrine of severance of such covenants. Topics covered include the provision of the written statement, a right which employees have enjoyed since 1963, but which was extended to workers in 2020; the sources of terms in employment contracts; duties of the employer; and duties of the employee. These duties or implied terms are divided into terms implied in law (ie inserted into every contract of employment) and terms implied in fact (ie inserted into a particular contract of employment). The latter are divided into terms implied in fact which work against the employers’ interests and terms which work against the employees’ interests. Examples of the former include the duty to pay wages; examples of the latter include the duty to obey reasonable orders.

2. Contracts of employment

2018 ◽  
Author(s):  
Michael Jefferson
Keyword(s):  
General Purpose ◽  
Confidential Information ◽  
Employment Contracts ◽  
Essential Information ◽  
Contract Of Employment ◽  
Restraint Of Trade

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter discusses employment contracts. Covenants potentially in restraint of trade are express written terms which may apply during the contract but are usually expressed to apply after termination. They are a rare illustration of contractual terms which must be in writing. The general purpose of these is to prevent a former employee competing against his former employers, eg by taking commercially confidential information or influencing customers to give their business to the firm he has joined. Topics covered include the sources of terms in employment contracts; duties of the employer; and duties of the employee. These duties or implied terms are divided into terms implied in law (ie inserted into every contract of employment) and terms implied in fact (ie inserted into a particular contract of employment). The latter are divided into terms implied in fact which work against the employers’ interests and terms which work against the employees’ interests. Examples of the former include the duty to pay wages; examples of the latter include the duty to obey reasonable orders.

11. Illegality

2020 ◽  
pp. 405-434
Author(s):  
Jack Beatson ◽  
Andrew Burrows ◽  
John Cartwright
Keyword(s):  
Public Policy ◽  
Supreme Court ◽  
Final Section ◽  
Common Law ◽  
The Supreme Court ◽  
The Common ◽  
Restraint Of Trade

This chapter considers what counts as illegality and the effect of illegality on a contract (and consequent restitution). The approach of the Courts to illegality has been transformed for the better, and simplified, by the Supreme Court in Patel v Mirza in 2016. Illegal conduct, tainting a contract, can vary widely from serious crimes (eg murder) to relatively minor crimes (eg breach of licensing requirements) through to civil wrongs and to conduct that does not comprise a wrong but is contrary to public policy. As regards the effect of illegality, where a statute does not deal with this, the common law approach is now to apply a range of factors. A final section of the chapter examines contracts in restraint of trade.

scholarly journals Seamen, Railroad Employees, and Uber Drivers: Applying the Section 1 Exemption in the Federal Arbitration Ace to Rideshare Drivers

2021 ◽  
pp. 525
Author(s):  
Conor Bradley
Keyword(s):  
Supreme Court ◽  
Physical Movement ◽  
Employment Contracts ◽  
Independent Contractors ◽  
Interstate Commerce ◽  
The Supreme Court ◽  
History Of ◽  
Legal Difficulties ◽  
The Relationship

Section 1 of the Federal Arbitration Act (FAA or the Act) exempts “seamen, railroad employees, [and] any other class of workers engaged in foreign or interstate commerce” from arbitration. In 2019, the Supreme Court held in New Prime Inc. v. Oliveira that this provision exempted independent contractors as well as employees. This decision expanded the reach of the section 1 exemption and may affect the relationship between ridesharing companies, such as Uber, and their drivers. Previously, ridesharing companies argued that courts must enforce the arbitration clauses in their employment contracts because their workers were independent contractors and, therefore, section 1 was inapplicable. Since this argument is now prohibited by the holding in New Prime, rideshare drivers have an opportunity to avoid arbitration using the section 1 exemption. But they still face legal difficulties because of the narrow construction of the exemption employed by courts. This Note argues that the current interpretation of the exemption, which focuses on the physical movement of goods across state lines, is incongruent with the text and history of the FAA and that courts should broaden the exemption to include rideshare drivers.

22. Illegality and restraint of trade

2018 ◽  
Author(s):  
Paul S. Davies
Keyword(s):  
Supreme Court ◽  
The Supreme Court ◽  
New Business ◽  
Illegal Acts ◽  
The Law ◽  
Restraint Of Trade

This chapter analyses the law on illegality and restraint of trade. The law on illegality is very complicated. Illegal acts vary greatly in range and severity. The Supreme Court has recently held that a ‘range of factors’ need to be considered when deciding whether the claimant’s illegality should defeat a claim, and it is likely that the law will become increasingly flexible in this area. Restraint of trade is concerned with balancing the competing rights of private parties, notably the employer’s right to expect a certain degree of loyalty as regards his business against the employee’s freedom to leave his employment and to undertake new business activities. The key consideration tends to be whether restraint of trade clauses are reasonable.

scholarly journals Zrównanie wieku emerytalnego w Polsce a kwestie równouprawnienia kobiet i mężczyzn na rynku pracy

2018 ◽  
pp. 189-196
Author(s):  
Iwetta ANDRUSZKIEWICZ
Keyword(s):  
Public Opinion ◽  
Supreme Court ◽  
Employment Contracts ◽  
Men And Women ◽  
Permanent Employment ◽  
Employment Termination ◽  
Retirement Benefit ◽  
The Supreme Court ◽  
Two Systems ◽  
The Right

The paper presents the solutions applying to retirement in Poland that combine two systems: the capitalization system and repartition. Trying to answer the question of whether different retirement ages for men and women is discriminatory, the author refers to the adjudi- cation of the Supreme Court and public opinion. The paper also indicates that the practice of giving notice of employment termination to women with permanent employment contracts only because they have acquired the right to retirement benefit violates the Constitution of Poland.

22. Illegality and restraint of trade

2021 ◽  
pp. 320-337
Author(s):  
Paul S. Davies
Keyword(s):  
Supreme Court ◽  
The Supreme Court ◽  
New Business ◽  
Illegal Acts ◽  
The Law ◽  
Restraint Of Trade

This chapter analyses the law on illegality and restraint of trade. The law on illegality is very complicated. Illegal acts vary greatly in range and severity. The Supreme Court has recently held that a ‘range of factors’ need to be considered when deciding whether the claimant’s illegality should defeat a claim, and it is likely that the law will become increasingly flexible in this area. Restraint of trade is concerned with balancing the competing rights of private parties, notably the employer’s right to expect a certain degree of loyalty as regards their business against the employee’s freedom to leave their employment and to undertake new business activities. The key consideration tends to be whether restraint of trade clauses are reasonable.

4. Retention of title clauses

2019 ◽  
pp. 54-70
Author(s):  
Eric Baskind
Keyword(s):  
Supreme Court ◽  
Essential Information ◽  
The Supreme Court ◽  
Appeal Decision ◽  
Court Of Appeal ◽  
Influence On Retention

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter focuses on retention of title clauses, also known as reservation of title clauses, in sale of goods contracts. It explains how retention of title (or Romalpa) clauses are especially useful in cases where the buyer becomes insolvent and then stresses the importance of properly incorporating a retention of title clause into the contract of sale. The chapter examines the 1976 Romalpa case and its influence on retention of title cases. It considers ‘all-liabilities’ clauses in contracts of sale of goods and concludes by discussing criticisms against retention of title clauses and how, in practice, they might fail. The chapter discusses the 2014 Court of Appeal decision in FG Wilson (Engineering) Ltd v John Holt & Co (Liverpool) Ltd which illustrates the dangers of retention of title clauses which can leave buyers somewhat unprotected and how a degree of balance was reintroduced by the Supreme Court in PST Energy 7 Shipping LLC and Another v OW Bunker Malta Ltd and Another.

The Effect of Business Conditions on Early Judicial Decisions Concerning Restraint of Trade

1950 ◽  
Vol 10 (1) ◽  
pp. 30-44
Author(s):  
Thomas S. Berry
Keyword(s):  
United States ◽  
Collective Action ◽  
Supreme Court ◽  
The United States ◽  
Trade Associations ◽  
Judicial Decisions ◽  
The Supreme Court ◽  
Main Track ◽  
Business Conditions ◽  
Restraint Of Trade

It appears to legal historians that the Supreme Court of the United States must have gone off the main track in 1933 when it handed down the celebrated Appalachian Coals decision upholding a joint selling agency. Only six years before, the Court had condemned a similar collective arrangement maintained by the Trenton Potteries; and seven years later, in 1940, the Court rendered a decision in the Socony-Vacuum Oil Case that revealed an abrupt return to its generally firm attitude toward collective action on the part of business concerns. Indeed, it is difficult if not impossible to reconcile the 1933 Appalachian Coals decision with the 1940 Socony-Vacuum Oil decision, and, as prices rose and shortages developed during the 1940's, the judicial attitude toward restraint of trade in various forms became progressively stiffer and stiffer. A parallel shift in the climate of court opinion against trade associations can be noted in the 1920's by comparing the decisions near the beginning of the decade, when trade was lax and prices were soft, with those a few years later when prosperity was again in evidence. One might even pose the question: Do the courts follow business conditions, as they are alleged to follow the election returns?

Employment Law Concentrate

2018 ◽  
Author(s):  
Michael Jefferson
Keyword(s):  
Trade Unions ◽  
Employment Status ◽  
Employment Law ◽  
Parental Rights ◽  
Employment Contracts ◽  
Essential Information ◽  
Sixth Edition ◽  
Unfair Dismissal ◽  
And Gender ◽  
Restraint Of Trade

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. Employment Law Concentrate helps to consolidate knowledge in this area of law. This sixth edition includes updates on employment law including coverage of the employment status, and gender pay reporting. There are new sections on restraint of trade. Chapters examine contractual implied terms and pay. The volume also looks at discrimination, parental rights, working time, and types of breach of employment contracts and termination of employment contracts. Finally, the text looks at dismissal issues (including both wrongful and unfair dismissal), redundancy, and trade unions.

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