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Employment Law 1 - The contract of employment $4.00
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Employment Law 1 - The contract of employment

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This PDF document outlines all the areas of the employment law topic 'contract of employment' in 20 pages, these are great sampled notes for anyone interest is either employment or contract law.

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  • September 18, 2017
  • 20
  • 2017/2018
  • Class notes
  • Unknown
  • All classes
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Employment Law



The Contract of
Employment

, Employment Law
Historically


Introduction


Recruitment


Illegality


Variation




2

, Employment Law
The contract of employment - Historically
» Pre-1850 c
• Relationship based on ‘status’ rather than contract
» Laws v London Chronicle [1959] 2 All ER 285 at 287:
Lord Evershed MR:
“A contract of service is but an example of contracts in
general, so that the general law of contract will be
applicable.”
» 1960-70s onwards
• Addition of statutory obligations and protections




3

, Employment Law
The contract of employment - Introduction
» All Employees work under a Contract of Employment
» Contracts of Employment do not have to be in writing
(generally) can be oral but essentially it is like any other
contract.
» Ts and Cs cannot be changed unilaterally
» If the Employer breaches the Contract in a fundamental way,
the Employee can have their resignation treated as constructive
dismissal
» Implied Terms




4

, Employment Law
The contract of employment - Introduction
Forming a Contract of Employment
» Same as any other contract
• Unconditional offer
• Unconditional acceptance
• Intention to form a legally binding agreement
• Consideration
• Certainty




5

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