EMPLOYMENT 1

Within 2 months of commencing employment, the employer must give the employee a written statement of prescribed
particulars of his employment. Exceptions: Merchant seamen and those working outside the UK. The statement
should include the following. The names of the employer and employee, date of commencement of employment,
Express pay-scale/rate and intervals, hours of work, holiday pay, sick pay, leave entitlement, pension, length of notice of
termination, job title, disciplinary procedures and grievance procedures.

Changes – Must be given to the employee in writing, within one month of the change
Pay and sick pay - as agreed or reasonable pay; in case of sickness first 8 weeks paid by the employer,
thereafter recovered from the National Insurance Contribution.
Employer’s Holiday and holiday pay – employees with 3 months continuous employment are entitled to this
duties Working hours - Maximum 48 hours a week
Pay slips – employees who work 8 hours a week or more must be given an itemized pay slip, showing
gross pay, deductions and net pay.
Indemnity – must reimburse expenses incurred by the employee in the performance of his duties.
Provision of work- the employer has no duty to provide work for his employee, provided the agreed
wages are paid.
TERMS Exceptions: Where the total remuneration depends on the amount of works done (E.g.
OF Commission), where the employee’s standing and reputation depends on active work (E.g.
CONTRACT actor or pilot)
References – the employer has no duty to provide a reference; if he does so and it is wrong, he can
be liable for defamation of the employee or misrepresentation to the third party.
Health and safety – must provide a safe and healthy system of work and take reasonable care of his
employees. Under the PUBLIC INTEREST DISCLOSURE ACT 1998, whistle
blowers cannot be victimized for exposing malpractice, injustice or health and safety
dangers. Health and safety representatives must be given reasonable paid time to
perform their functions.
Faithful Service Hivac Ltd Vs. Park Royal Scientific Instruments Ltd.
Reasonable competence
Obedience to lawful orders unless they expose him to persons danger Ottoman Bank Ltd. Vs
Chakkarian
Must account for all money and property received during the course of his employment
Implied Employee’s Boston Deep Sea Fishing And Ice Co Vs Ansell
duties Personal service – must not delegate his duties without the employer’s express or implied consent

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EMPLOYMENT 2

TERMS Collective terms – As negotiated between a trade union and the employer/trade association. Must be reasonable,
OF known to the employee and negotiated agreement.
CONTRACT
Wages - WAGES ACT 1986 - the employer cannot make any deductions from wages except where
they are authorized by statute (tax and NIC), contract (union dues) or agreement in writing (staff loan
recovery)

Maternity leave - Ordinary maternity leave of 26 weeks; a woman who has been continuously employed
For 26 weeks has a right to additional maternity leave of a further 26 weeks. (Total
statutory maternity leave of 52 weeks). She is also entitled to take time off during
working hours for ante-natal care. During ordinary maternity leave Statuary Maternity
Pay is paid (first 6 weeks, 90% of salary and for the remainder, the lower of £100 per
week or 90% of salary). Additional maternity leave is unpaid.

Paternity leave - The employee must be the biological father of the child or the mother’s husband or
partner and must have at least 26 weeks of continuous service. They are entitled to 2
weeks paid leave. The leave must be completed within 56 days of the child’s birth.

Adoptive parents - They are entitled to 26 weeks of ordinary adoption leave and additional adoption
leave of another 26 weeks.

Implied Trade union officials – with pay, to carry out trade union duties relevant to industrial
relations between employer and employees
Time off Trade union members – without pay, for trade union activities
work Employees who have been given notice of dismissal for redundancy, to look for work or
retraining
Magistrate or jury duty

Statutory
terms Health and Safety - See diagram 4.

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EMPLOYMENT 3
EQUAL PAY ACT 1970 - The employment terms given to a man or woman should at least be as favorable as
those given to an employee of the opposite sex

Sex SEX DISCRIMINATION ACT 1975 - Prohibits discrimination on the grounds of gender in the recruitment,
Promotion, training, benefits or dismissal of employees - Prohibits even indirect
discrimination Price Vs Civil Service Commission

SEX DISCRIMINATION ACT 1986 – Prohibits different retirement ages for males and females. Extends
the 1975 Act to private house holds and concerns employing less than 5 people. Exception:
Genuine Occupational Qualification (GOQ). Sexual harassment is also prohibited
DISCRIMINATION
AT Marital Status - SEX DISCRIMINATION ACT 1986 – It is unlawful to discriminate against married
WORK people in any way

Racial – RACE RELATIONS ACT 1976 - Prohibits discrimination on the grounds of race, religion, colour of
skin, nationality, etc, in the recruitment, promotion, training, benefits or dismissal of employees.
Exceptions: Authenticity in entertainment, art or photography; personal services; maintaining
ethnic authenticity in a bar or restaurant
Disability – DISABILITY DISCRIMINATION ACT 1995 – Gives disabled people similar rights to those
enjoyed in relation to sex and race. Failure by the employer to make “reasonable adjustments”
without justification is classed as discrimination
Tarling Vs. Wisdom Toothbrushes Ltd. O’ Neils Vs Symm & Co. Ltd.

Religion or belief –THE EMPLOYMENT EQUALITY (RELIGION OR BELIEF) REGULATIONS

2003 – Prohibits direct or indirect discrimination, victimization and harassment

Sexual orientation - THE EMPLOYMENT EQUALITY (SEXUAL ORENTATION)

REGULATIONS 2003 - Prohibits direct or indirect discrimination, victimization
and harassment
Age - Prevents unjustified age discrimination in employment and training; prevents employers
from requiring employees to retire at 65; removes upper limits for unfair dismissal and
redundancy rights; removes lower age limits for workers.

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EMPLOYMENT 4
THE HEALTH AND SAFETY AT WORK ACT 1974 - It is the duty of every employer, to ensure the health, safety
and welfare of all his employees, as far is practicable. He should:
(i) Provide and maintain plant and systems of work which are safe and without risk.
(ii) Ensure health and safety in relation to the use, handing, storage and transport of articles and
substances
(iii) Provide adequate information, instruction, training and supervision
(iv) Maintain safe places of work with adequate access in and out
(v) Provide a safe and healthy working environment
(vi) Make the premises safe for even visitors
(vii) control or prohibit pollution of the environment
THE FACTORIES ACT 1961- Applies to places where manufacturing or processing work is done. The occupier
has an absolute duty to fence securely all prime movers, all transmission machinery and every dangerous
part of any machinery
THE OFFICE, SHOPS AND RAILWAY PREMISES ACT 1973 - Cover temperature and ventilation of premises,
Safety of floors and stairs, cleanliness of buildings, limits to overcrowding of buildings and fencing
of dangerous machinery on premises
The Health and Safety Commission oversees the system. The Health and Safety Executive
enforces the system
HEALTH Health and Safety Inspectors have the power to enter premises, to investigate and examine,
& to take samples and measurements, to call for documents and other information
SAFETY
Enforcement Improvement notices – minor defects; the business can continue to operate but
the defect must be rectified within a specified time
Notices
Prohibition notices – major defects; the whole or a part of the business will be
closed until the defects are rectified
Any person on whom the notice has been served may appeal to an industrial tribunal which may either
cancel or confirm the notice
Criminal action may be filed against a person who does not discharge his duties relating to Health and
Safety regulations
The employer cannot charge his employees for the cost of safety measures or equipment

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EMPLOYMENT 5
By Notice- The statutory minimum period is as follows:
(1) Where the employer terminates the contract of employment
(a) An employee with continuous employment of one month or more but less than two
years - at least one week’s notice
(b) An employee with continuous employment of two years or more but less than twelve
Years - at least one week’s notice for each year of employment
(c) An employee with continuous employment of twelve years or more - at least twelve
weeks’ notice

(2) Where the employee terminates the contract of employment

- At least one week’s notice if he had worked for at least one month
TERMINATION
OF Summary dismissal -Where the employer dismisses the employee without notice. This is
EMPLOYMENT justified only if the employee had committed a serious breach of contract
Pepper Vs. Webb; Wilson Vs Racher

Constructive dismissal - Where the employer, although willing to continue the employment,
repudiates some essential term of the contract. E.g. A removal of “interesting and
enjoyable” duties Colman Vs. Baldwin

Death of a personal employer

Employer’s inability Dissolution of partnership

To continue employment
Liquidation of a company

By Beach
Of If the employee resigns or goes on strike or fails to perform
Contract the contract and to observe its conditions, the employer may
dismiss him
Repudiation of the contract
By the employee
Any employee who has worked for a continuous period of at
least two years and has been dismissed. May request the
employer for a written statement of the reasons for his
dismissal. The employer must provide it within fourteen days.

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EMPLOYMENT 6

Without justification
Definition
Without proper notice

Governed by the Common Law of contracts

WRONGFUL Willful disobedience of a lawful order- if it amounts to willful serious defiance of authority
DISMISSAL Laws Vs London Chronicles

Misconduct – In connection with the business or outside if it is grave. E.g. Making a secret profit, disclosure of
confidential information, assaults on a fellow employee, etc.

Dishonesty – where the employee is in a position of trust

Justification
of dismissal Incompetence or neglect – where the employee lacks or fails to use the skill he professes to have

Gross negligence – depending on the nature of the job e.g. negligently landing an aero plane.

Immorality – If it affects the performance of duties or the reputation of the business

Repeated drunkenness

• The employee’s past record must be taken into account - one failure does not justify summary
dismissal.

Employer’s breach – The employee cam claim for damages for loss of earnings, loss of reputation, humiliation,
Remedies etc
Employee’s breach – recovery of confidential papers, recovery of secret profits made or injunction

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EMPLOYMENT 7
Exclusions – Persons ordinarily employed outside Great Britain, persons dismissed while taking unofficial
strike action and members of the police and armed forces
Scope
Been in continuous employment for one year, whether full time or part time
Conditions Have been dismissed
Have been unfairly dismissed
Application must be made within 3 months of dismissal
Governed by statute. An unfair dismissal can also be a wrongful dismissal

Actual - usually fairly clear - cut and recognized by the words used by the employer
Dismissal Constructive – a fundamental breach of the employment contract by the employer
Expiry - of a fixed term contract without renewal

Must apply the correct procedure – E.g. disciplinary procedure; independent inquiry; the employee’s side
of the story must be heard, etc.
Reasonableness Must take all circumstances into consideration
UNFAIR Of the employer Warnings must be given along with the penalty. No warning is needed for serious cases Newman Vs.
DISMISSAL T. H. White Motors
Lack of capability or qualification to perform the work
Lewis Shops Group Ltd. Vs Wiggins; International Sports Ltd. Vs
Thomson
Potentially fair reasons Misconduct
Redundancy- selection must be reasonable and if possible alternative
employment must be offered
Justification Other substantial reasons – E.g. marrying a competitor, refusing to
Accept reorganization when a majority has expected.
Dismissal of all strikers
Automatically fair reasons Being a threat to national security
Pregnancy or other maternity related grounds
Trade union membership or activities
Dismissal on transfer of an undertaking
Automatically unfair reasons Taking steps to avert danger to health and safety at work.
Seeking to enforce rights relating to national minimum wage.
Refusing or opting out of Sunday working in the retail sector
Making a protected disclosure under the PUBLIC INTEREST
DISCLOSURE ACT 1998

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 Re-instatement – To return to the same job without any breach of continuity
Re-engagement – The employee is given new employment with the employer, comparable with the earlier
Job

Basic award

UNFAIR
DISMISSAL
Remedies Compensation Compensatory award - for additional loss of earning, expenses and benefits

Punitive additional award – Where the employer does not comply with an
order for re-instatement or re-engagement

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