This is an assignment for second years studying employment law. in this assignment I talk about what a contract is and all its key terms with also case scenarios that were given to me.
A contract is an agreement that the law will enforce. A contract requires agreement as a starting
point. an agreement requires an offer to do or sell something that the other person agrees to. This is
known as offer and acceptance. this agreement together with an intention for the agreement to be
legally binding and something of value passing from each party to the other this is called a
consideration it makes an agreement a contract.
Every contract has terms. The term of a contract includes what the parties have agreed to in the
contract. These terms can either be those that have specifically agreed between the parties known
as express terms and those that the law will imply in the contract known as implied law. Expressed
terms in a contract are agreed during the process of negotiation leading up to the acceptance.
different types of contracts use different express terms which also apply to implied terms, and these
are.
. conditions
. warranties
. innominate terms
A contract that exists for an illegal purpose is void; this means it cannot and will not be enforced by a
court. For example, a contract to supply illegal drugs or murder someone is void. so, the money paid,
and the goods are not recoverable.
RIGHTS UNDER A CONTRACT:
The rule of a property is that only those who are parties to a contract are bound by the contract.
only they can enforce the contract and get a court order to enforce their rights.
DUNLOP PNEUMATIC TYRE COMPANY Ltd vs SELFRIDGE (1915)- Legal principle says only a party to a
contract can sue.
EMPLOYMENT CONTRACT- is a form that documents the business relationship between an employer
and a new employee. it has information about terms of employment like duties and termination
process, holiday and sick pay and information relating to any confidentiality.
Employment contract can be used when an employee, human resource manager had recruit new
employees, if a new recruit's place of employment does not offer contracts of employment and for
permanent full time, part time or fixed employment terms.
Permanent contract is a contract with no expiration date and remains valid either employer or
employee chooses to end the agreement. These are often used for full time positions (35h+) that an
employer needs to fill on a constant basis (not short term) this contract includes:
Salary/wage, contractual hours, main duties, sick/ holiday and maternity leave and pension/benefits.
, Part time - workers normally work between 10 and 30 hours a week. they have most of the rights
that a full-time worker has.
FIXED TERM CONTRACT- this is for a set period often around12 months this could be to cover long
term sickness, cover for someone on maternity leave, covering a secondment and carrying out a
specific project.
Temporary is an agreement to work for an employer for a specific/limited amount of time. And it
isn't expected to be permanent it’s also like a fixed time contract. there would be some sort of end
date included but it can be changed. temporary workers can get their contracts extended if there is a
demand or availability. despite being short term temporary workers have the same rights as any
other member of staff. The benefits they have is that they have increased flexibility, they can
manage work, study, and other interests.
AGENCY CONTRACT- is where an employment agency gives work to an individual on a daily/weekly
basis. industries that use agencies include teaching, construction, cleaning, and manufacturing.
THINGS EMPLOYEES ARE ENTITLED WITH.
Maternity leave - pregnant employees are entitled to 52 weeks statutory maternity leave if they give
the correct notice to the employer. Employees don't have to take 52 weeks if they don't want to but
the first 2 weeks following the birth must be taken or 4 weeks for those who work in a factory
company. 39 weeks of the 52 could be paid which is statutory maternity pay pregnant employees
are protected against unfair treatment and discrimination During maternity leave an employee and
employer can agree to have up to 10 to keep in touch they are entitled to be paid reasonable time
off for care. And they also have the right to return to their job as normal.
Paternity leave is for employees who have or expect to have responsibility for the child's up bringing.
And are the biological father/mother’s husband/partner of the child this applies to same sex
relationships too. also, if the employee has worked continuously for their employer for 26 weeks
ending with the 15th week before the baby is due.
Unpaid parental leave is for employees to take time off work to look after a child's welfare, this is
normally unpaid and is available until the child reaches the age of 18 +. To qualify employees must
have completed one-year continuous service with an employer. 18 weeks of unpaid leave can be
taken up for children under 18 years.
Flexible working
In the employment rights Act 1996 and regulations made under it, all employees have a statutory
right to ask their employer for a change to their contractual terms and conditions of employment to
work flexibly provided they have worked for their employer for 26 weeks continuously at the date
the application is made.
Time off for trade duties - a union representative means an employee who has been elected or
appointed in accordance with the rules of the independent union to be a representative of all or
some of the union members in a particular company or workplace.
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