Minimum Requirements For Employment Essay

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Explain the minimum requirements for a legal contract of employment and critically explain the implied and express conditions that should be considered when drafting a contract of employment. Also analyse how a breach of contract might be pursued through the legal system.
Introduction: What is an Employment Contract
A contract is a binding legally agreement between two parties, usually an employer and their employee. The contract is considered valid by the law if it contains the following fundamentals: offer and acceptance; consideration to be paid for the offer made (which must be sufficient not adequate); and the intention to create binding legal relations. If the agreement fails to incorporate one of these elements, the contract is void.
An employment contract is created when the offer is accepted, and this employment contract does not need to be in writing, but having the contract in writing can add clarity for both parties. The written document is formally known as the ‘written statement of terms’. The …show more content…

While expressed terms are quite straight forward, terms can become implied in many ways. The three main ways are custom, court and statue. Custom implied terms are becoming more of a prominent feature of employment. These terms are never agreed but slowly they work their way into being part of a contract. An example of this is if all employees get a company car every two year, this becomes part of the contract if it is part of a company’s policy and the employer must keep to it. Statue implied terms can be also known as imposed terms because the employer cannot overrule them due to them being legislation. Some examples of these statue terms are: the maternity equality cause (EqA 2010, s.73); determination of hourly rate of remuneration (NMWA 1998, s.2) and rights of employer and employee to minimum notice (ERA 1996,

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