Individual employment rights (1): the contract of employment

business law ◽  
2017 ◽  
pp. 445-476
Keyword(s):  
Contract Of Employment ◽  
Employment Rights

Ministers of Religion and Employment Rights: An Examination of the Issues

2003 ◽  
Vol 7 (33) ◽  
pp. 157-175
Author(s):  
Philip Petchey
Keyword(s):  
Policy Decision ◽  
White Paper ◽  
Employment Protection ◽  
Contract Of Employment ◽  
The Government ◽  
Employment Rights

In 1998 the government published a White Paper entitled Fairness at Work. It invited views on whether legislation should be introduced to take the power to extend the coverage of employment protection rights by regulation to all those who work for another person, not just those employed under a contract of employment. It would not have been apparent from this that the government was considering extending employment protection rights to ministers of religion. Nor is it likely that many people realised this could be the effect of section 23 of the Employment Rights Act 1999 by which Parliament subsequently enacted the proposal contained in the White Paper. Nonetheless the possibility was recognised as the Bill passed through Parliament. Pressed about the government's view as to the position of ministers of religion, the Minister explained that no policy decision had been taken, but he did say:

7. Contractual employment rights

2019 ◽  
pp. 144-160
Author(s):  
Stephen Taylor ◽  
Astra Emir
Keyword(s):  
Employment Relationship ◽  
Basic Principles ◽  
Contract Of Employment ◽  
The Law ◽  
Employment Rights

This chapter introduces the basic principles of the law of contract as they apply to contracts of employment. It focuses on three issues in particular. First we look at how contracts are formed in the context of an employment relationship and at the conditions that need to be in place if a contract of employment is to be enforceable in a court. We then go on to discuss how employers can go about lawfully varying the terms of contracts by using flexibility clauses and other approaches. Finally we discuss the need to provide employees with written particulars of their employment soon after they start working in a new job.

scholarly journals Employment Rights in an Era of Individualised Employment

2007 ◽  
Vol 38 (3) ◽  
pp. 417 ◽  
Author(s):  
Gordon Anderson
Keyword(s):  
New Zealand ◽  
Real World ◽  
Common Law ◽  
Employment Relationship ◽  
Employment Contracts ◽  
Inaugural Lecture ◽  
Law Faculty ◽  
Contract Of Employment ◽  
The Common ◽  
Employment Rights

On 7 August 2007, Gordon Anderson delivered his inaugural lecture after becoming a professor in the Law Faculty of Victoria University of Wellington. Gordon took as his theme the protection of employees employed on an individual contract of employment. Following the repeal of the award system by the Employment Contracts Act 1991 the majority of New Zealand employees ceased to be covered by collectively negotiated instruments. Instead the contract of employment became dominant. The lecture argued that the common law contract of employment provides little protection for employees. Instead protection depends on some critical statutory interventions that provide a degree of balance within the employment relationship. While not perfect, these protections may be the best that can be expected in the real world of employment.

15. Wrongful Dismissal

2018 ◽  
Author(s):  
David Cabrelli
Keyword(s):  
Contract Of Employment ◽  
The Law ◽  
Employment Rights ◽  
Wrongful Dismissal ◽  
Legal Consequences

This chapter examines the legal consequences where an employer lawfully or unlawfully terminates the contract of employment. It considers the competing elective theory of termination and automatic theory of termination, along with statutory intervention in the form of minimum periods of notice set out in section 86 of the Employment Rights Act 1996. Stress is placed on the importance of using the correct terminology in this area of the law and bilateral, unilateral, and non-lateral terminations are defined. Further discussion covers suspension of contract and the conduct of disciplinary hearings. Finally, the remedies available to employees in the case of a wrongful dismissal are addressed, including the circumstances in which a claim for damages is likely to be successful.

15. Wrongful Dismissal

2020 ◽  
pp. 586-614
Author(s):  
David Cabrelli
Keyword(s):  
Contract Of Employment ◽  
The Law ◽  
Employment Rights ◽  
Wrongful Dismissal ◽  
Legal Consequences

This chapter examines the legal consequences where an employer lawfully or unlawfully terminates the contract of employment. It considers the competing elective theory of termination and automatic theory of termination, along with statutory intervention in the form of minimum periods of notice set out in section 86 of the Employment Rights Act 1996. Stress is placed on the importance of using the correct terminology in this area of the law and bilateral, unilateral, and non-lateral terminations are defined. Further discussion covers suspension of contract and the conduct of disciplinary hearings. Finally, the remedies available to employees in the case of a wrongful dismissal are addressed, including the circumstances in which a claim for damages is likely to be successful.

4. Alternative Personal Work Contracts and Relations

2020 ◽  
pp. 103-142
Author(s):  
David Cabrelli
Keyword(s):  
Legal Status ◽  
Intermediate Position ◽  
Employment Contract ◽  
Gig Economy ◽  
Contract Of Employment ◽  
The Uk ◽  
Employment Rights ◽  
Work Contracts

This chapter first examines the two statutory constructs occupying an intermediate position between the employment contract and contract for services that have been formulated by the UK Parliament as a repository for the conferral of certain statutory employment rights. These two statutorily recognized personal work contracts—the ‘worker’ contract and the ‘contract personally to do work’—are intermediate contract types, lying somewhere between the contract of employment and the contract for services. The discussion here is situated within the context of the controversy surrounding the growing numbers of atypical working contracts, such as contracts entered into by ‘gig economy’ workers, ‘zero-hours’ workers, casual workers, etc. The chapter then turns to address the legal status of agency workers. It examines whether the Agency Workers Regulations 2010 address the disadvantages experienced by this section of the UK workforce.

4. Alternative Personal Work Contracts and Relations

2018 ◽  
Author(s):  
David Cabrelli
Keyword(s):  
Legal Status ◽  
Intermediate Position ◽  
Employment Contract ◽  
Gig Economy ◽  
Contract Of Employment ◽  
The Uk ◽  
Employment Rights ◽  
Work Contracts

This chapter first examines the two statutory constructs occupying an intermediate position between the employment contract and contract for services that have been formulated by the UK Parliament as a repository for the conferral of certain statutory employment rights. These two statutorily recognized personal work contracts—the ‘worker’ contract and the ‘contract personally to do work’—are intermediate contract types, lying somewhere between the contract of employment and the contract for services. The discussion here is situated within the context of the controversy surrounding the growing numbers of atypical working contracts, such as contracts entered into by ‘gig economy’ workers, ‘zero-hours’ workers, casual workers, etc. The chapter then turns to address the legal status of agency workers. It examines whether the Agency Workers Regulations 2010 address the disadvantages experienced by this section of the UK workforce.

Individual employment rights (1): the contract of employment

Business Law ◽  
2020 ◽  
pp. 459-491
Author(s):  
David Kelly ◽  
Ruby Hammer ◽  
Janice Denoncourt ◽  
John Hendy
Keyword(s):  
Contract Of Employment ◽  
Employment Rights
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