Contract Actions in Employment Law: Practice and Precedents Practice and Precedents (Second Edition)

by Smith, Ian; Randall, Nicholas

• ISBN13: 9781845924546
• ISBN10: 1845924541
• Edition: 2nd
• Format: Hardcover
• Copyright: 2011-01-31
• Publisher: Bloomsbury Professional

Summary

This text focuses on the law relating to wrongful dismissal in the context of a breach of the employment contract. Written by well-known authors, the book covers the fundamental rules relating to the employment contract including discussion of express and implied terms and the rules concerning action for breach of contract. It also examines liability and quantum in respect of compensation for wrongful dismissal. Adopting a practical approach, this book is an essential guide to the subject and offers case studies and precedents combined with authoritative analysis.

Author Biography

Ian Smith was until recently the Clifford Chance Professor of Employment Law at the Norwich Law School and a barrister in Devereux Chambers. He remains an ACAS industrial arbitrator, a frequent speaker at employment law conferences and a prolific author on the subject. He is an editor on the practitioner's bible, Harvey on Industrial Relations and Employment Law, and contributes the entire employment law section (volumes 39-41) of Halsbury's Laws of England. Nicholas Randall is a leader at the Bar in three separate fields, namely employment, sports law and pensions. He is a member of Devereux Chambers and has been consistently recognised in the highest bracket for employment law. In 2007 he was named Employment Junior of the Year at the Chambers Partners Bar Awards. He practices in all areas of employment law including restrictive covenants and breach of confidence, share schemes, wrongful and unfair dismissal, TUPE and trade union related issues. His clients include blue chip companies, City institutions, trade unions and a number of high profile individuals.

Table of Contents

Foreword	p. v
Preface	p. vii
Table of statutes	p. xiii
Table of statutory instruments	p. xv
Table of European Legislation	p. xvii
Table of cases	p. xix
Introduction-the importance of contract actions	p. 1
Common law and statutory claims	p. 5
Introduction	p. 5
Common law and statutory claims contrasted	p. 6
The interaction between statutory claims and the common law	p. 11
Statutory overlay of the common law	p. 14
Extending statutory coverage	p. 25
The contract of employment	p. 29
Introduction	p. 29
Developments in employment status	p. 32
Terms of the contract of employment	p. 41
Notice provisions	p. 57
Variation of contracts of employment	p. 62
Implied terms in contracts of employment	p. 67
Introduction	p. 67
Implied obligations on employers	p. 67
Implied obligations on employees	p. 78
Areas of uncertainty or development	p. 87
Share Schemes, Pensions and Bonuses	p. 101
Introduction	p. 101
Share schemes	p. 102
Pension Schemes	p. 107
Bonuses	p. 111
Remedies for breach of contract short of dismissal	p. 115
Introduction	p. 115
Declarations	p. 116
Claim in debt	p. 117
Damages	p. 118
Injunctions	p. 120
Industrial action	p. 123
Termination of an employment contract	p. 125
Introduction	p. 125
Termination by breach: the elective/automatic controversy	p. 125
Frustration of the contract of employment	p. 131
Termination by mutual consent	p. 133
Termination by expiry or performance	p. 134
Termination on insolvency	p. 135
Summary dismissal	p. 137
Introduction	p. 137
Summary dismissal for gross misconduct	p. 139
Negligence and under-performance	p. 143
Defining gross misconduct in the contract	p. 145
Remedies for wrongful dismissal	p. 151
Introduction	p. 151
Basic principles of recovery	p. 151
Further principles	p. 157
Damages for injury to feelings or reputation	p. 157
PILON clauses	p. 158
Penalty clauses	p. 160
Account of profits	p. 160
Enforcing a contract of employment	p. 161
Introduction	p. 161
The effect of the elective/automatic controversy	p. 163
Enforcement in a private law action	p. 163
Enforcement in a public law action	p. 173
Settlements	p. 177
Introduction	p. 177
The position at common law	p. 178
Statutory intervention	p. 178
Conciliation officers	p. 179
Compromise agreements	p. 181
BCCI v Ali	p. 185
Conclusion	p. 186
Precedents Employment Contract	p. 187
Status of Agreement	p. 187
Commencement of Employment	p. 189
Job Title	p. 190
Qualifications and References	p. 191
Freedom to take up Employment	p. 192
Duties of your Employment	p. 193
Outside Interests	p. 194
Place of Work	p. 195
Collective Agreements	p. 197
Hours of Work	p. 198
Pay	p. 201
Pension Provision	p. 203
Additional Benefits	p. 204
Expenses	p. 205
Deductions	p. 206
Holidays	p. 207
Absence from Work and Medical Examination	p. 209
Notice and Termination of Employment	p. 212
Garden Leave	p. 214
Summary Dismissal	p. 215
Suspension	p. 217
Lay-off and Short Time Working	p. 219
Searches	p. 220
Confidentiality	p. 221
Post Termination Activities	p. 222
Return of Company Property	p. 224
Office Communications	p. 225
Disciplinary Procedure	p. 226
Grievances	p. 227
Data Protection	p. 228
Health and Safety	p. 230
Third Party Rights (for use where no third party rights are to arise)	p. 231
Third Party Rights (for use where limited third party rights are to arise)	p. 232
Change of Personal Details	p. 234
Variation	p. 235
General	p. 236
Signed	p. 237
Claim for Wrongful Dismissal	p. 238
Claim for failure to pay guaranteed bonus	p. 240
Claim for failure to pay discretionary bonus	p. 242
Claim in relation to unlawful variation in pay	p. 244
Claim in relation to unlawful deductions from wages	p. 246
Claim for wrongful dismissal arising out of a failure to pay a guaranteed bonus	p. 248
Claim for unfair dismissal and wrongful dismissal arising out of an unlawful variation in pay	p. 250
Claim for wrongful dismissal arising out of a failure to pay a discretionary bonus	p. 252
Defence to claim at precedent 38	p. 254
Defence to claim at precedent 39	p. 255
Defence to claim at precedent 40	p. 256
Defence to claim at precedent 41	p. 257
Response to claim at precedent 42	p. 258
Defence to claim at precedent 43	p. 259
Response to claim at precedent 44	p. 261
Defence to claim at precedent 45	p. 263
Index	p. 265
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