Contract Of Employment : Common Law Essay

Contract Of Employment : Common Law Essay

Length: 1083 words (3.1 double-spaced pages)

Rating: Better Essays

Open Document

Essay Preview

There are several terms that can be implied within a contract of employment through common law. Implied terms to a contract of employment have developed over time through the decisions made by the courts in a number of cases, these being known as common law implied terms.
Common law implied terms that have derived from case law relate to both the employer and the employee and each party has a responsibility to carry this out or risk a breach of contract.
There are five situations in which these terms mentioned could be implied into a contract:
1. The term automatically forms part of the contract as it is key to the employment relationship;
2. The term is necessary to give business efficacy to the contract;
3. The term is so obvious that the parties must have intended it;
4. It is normal custom and practice to include such a term; and
5. The way in which the contract has been performed shows that it must have been the intention of the parties to include such a term. (Smith.A, Manual 1, Employment Law & Practice, page 71)
The main implied term in common law is the duty of trust and confidence between and employer and an employee. Both parties to the contract have a mutual duty to ensure that this is fulfilled and this implied term has developed over the years through case law. The basic test for this implied term was initially set out in the case of Courtaulds Northern Textiles Ltd v Andrew [1979] IRLR 84 by the Employment Appeal Tribunal (EAT) and was confirmed in the case of Malik v BCCI [1979] ICR 606 by the House of Lords. It was determined that this was an objective test and that when there are potential breaches of trust and confidence there are two questions that should be considered:
1. Did the employer conduct themsel...


... middle of paper ...


...actice, page 75)
There are also implied terms for after the employment has ceased for both the employer and the employee. The employer would be expected to take reasonable care in relation to giving references. There is no duty to provide a reference for an employee but if they do they should ensure that it is factual and accurate. This was highlighted in the case of Spring v Guardian Assurance Plc [1994] IRLR 460. For the employee, there are no real implied terms other than not to pass on confidential information or reveal trade secrets, although these are more likely to fall within an express term of the contract. (Smith.A, Manual 1, Employment Law & Practice, page 75)
In conclusion, these implied terms bring about additional clauses to an employer and employees relationship in addition to the express terms that are already laid down in the employment contract.

Need Writing Help?

Get feedback on grammar, clarity, concision and logic instantly.

Check your paper »

The Law Of The Common Law Essay

- Question 1 Two main sources of law in the common law system are statutes and judicial decisions. The UK’s law inherited from the authority of courts which developed over the centuries, following the ‘stare decisis’ doctrine which built the stability and certainty in the law. This law survived for over a thousand years even in the absence of the statutory regulations in some areas. However, the Parliament as the supreme law-making body has the power to override or change current case law through the legislation but its power has been significantly weakened since signing the European Community Act in 1972....   [tags: Common law, Law, Contract, Tort]

Better Essays
1491 words (4.3 pages)

The Elements Of A Contract Essay

- Introduction The paper is going to explain the five elements of a contract, why this contract is governed by common law, and also two circumstances in which this non-complete agreement would be unenforceable. Laws that govern a contract When it comes to a contract laws they will be governed by the common law or the Uniform Commercial Code. With that said when a person receives a contract they must know what type of law it will fall under. If the contract has to do with the sale of goods, then it would be placed under the Uniform Commercial Code, and if the contract has to do with anything other than the sale of the goods then it would go under the common law (Seaquist, 2012)....   [tags: Contract, Law, Contract law, Common law]

Better Essays
1097 words (3.1 pages)

Essay on Tort and Contract Law

- Civil Law is a branch of law that matters itself with disputes that involve private parties, or negligent acts that cause harm to others. This is in contrast to criminal law which is invoked for the public purpose. Under civil law, there are remedial awards unlike in criminal law which is punitive in nature. These remedies can either be under tort or contract law. To understand the civil liabilities and or remedies demanded between Andy, Sam and Bob, this can only do so if there is an appreciation of the existence of a contract between them....   [tags: Civil Law, contract, civil liabilities]

Better Essays
1358 words (3.9 pages)

Work Related Concerns Regarding Wages, Benefits, Working Conditions Of Employment

- Clearly, many things have changed in our society. For instance, the way people communicate, interact, and mobilizing have completely transform. Therefore, the interaction, communication, and organizing in the workplace workplace has changed as well. it is complete appropriate for employees to use their company 's email system to discuss work related concerns regarding wages, benefits, working conditions of employment. Of course, the discussion has to be with individuals who has a tie to the issue such a supervisor or another individual who can directly affect the wages and the benefits....   [tags: Law, Common law, Employment, Labour law]

Better Essays
1705 words (4.9 pages)

Essay about Evaluate Components of a Contract

- Most if not all managers will likely find themselves working with contracts on a consistent basis. Oftentimes a manager will be presented with contracts that they have to sign or review for the purpose of employing an applicant. Contracts are also used when in the procurement merchandises for the business or other purposes. Whatever is the case, managers and others have to comprehend the process of contract law. For the purpose of this paper this author will discuss the process or mechanics of contract law....   [tags: process, mechanics, contract law]

Better Essays
1160 words (3.3 pages)

Tort, A Critical Subject Of Study When Analyzing Common Law Jurisdictions

- Tort, is a critical subject of study when analyzing common law jurisdictions. Tort, latin word for wrong, is the action of causing harm or loss to another person or party [1]. When there is an act of tort, the person who has committed the tortious act is called the tortfeasor while the person who suffered harm or loss from such act is called the injured party or the victim. Despite crimes may be torts, torts may not be crimes [1] simply because a tort may not have broken a law so it does not amount to criminal offense....   [tags: Tort, Tort law, Negligence, Common law]

Better Essays
1070 words (3.1 pages)

The Importance Of A Sound Understanding Of Labour Law Essay

- it might be said In contemporary labour law, the contract of employment and the law governing it have assumed a pivotal position, with issues connected to the law of the contract of employment now at the heart of most labour law cases. As a result, the wage-labour contract has played a fundamental role in shaping modern society and has thus made it abundantly clear that the importance of a working knowledge of the complexities of labour law cannot be underestimated it can be said that. The importance of a sound understanding of labour law will be explored in this essay, by analysing various cases and articles from the reading material, in relation to the influence of the employment relations...   [tags: Law, Employment, Trade union, Wage]

Better Essays
1259 words (3.6 pages)

How Does The External Environment Influence Employment Relations? Essay

- 4. How does the external environment influence Employment Relations. Employment relations refer to the relationship between the employer and the employee. Employment relations are governed by the provisions of the employment contract and/or collective agreement where applicable, common law principles and legislative provisions governing specific situations. Many factors in the external environment have an effect on the employment relations within an organization, which they need to monitor and possibly adapt to the necessary changes....   [tags: Trade union, Employment, Labour relations]

Better Essays
1292 words (3.7 pages)

Essay Employment-at-Will and Whistleblowing

- As a recently hired Chief Operating Officer (COO) in a midsize company, multiple personal problems are quickly discovered that require immediate attention. As an astute manager, there is a need to analyze the employment-at-will doctrine and determine if there are any exceptions and liabilities before taking any action. In addition to the personal problems, it is discovered that the company has a no whistleblower policy. By the end of this paper, you will be able to review a summary of the employment at will doctrine, review scenarios of the personal problems of the company and determine if the employee could be legally fired, get an overview of ethical theories, identify whether or not the...   [tags: Employment-At-Will Doctrine, whistleblowers]

Better Essays
2254 words (6.4 pages)

Employment-At-Will Doctrine Essay

- ... Deontology refers to the important aspects of man lives are control by indestructible moral values and ethical standards regardless if by overruling it improve outcome. In other words, they may do the right thing, even though the consequences of that action may not be good. Utilitarian promotes the good at the end even if the actions taken are not the best one or good at all. It promotes the grates benefits for the most persons involve in the situation. Virtue ethics takes the attention from the rules, consequences and particular acts and places the focus on the kind of person who is acting (Wofford Collage, 2012)....   [tags: law, ethics and corporate governance]

Better Essays
1293 words (3.7 pages)