IDS Contracts of Employment 3ed
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IDS 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.
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"
Publisher: | Sweet & Maxwell |
ISBN: | 9780414070509 |
Author(s) | IDS Employment Law Brief Team |
Edition | 3 |
Format | Pb |
Publication Date | 30/08/2019 |