EMPLOYMENT LAW AND PRACTICE
Unit 1
Guide
The Employment Relationship
Context
There is always a contractual relationship between an employer and an employee or
a worker, even if there is no written contract. In order to identify the rights and
obligations of the parties, an adviser should begin by identifying the terms of the
contractual relationship that exist.
The employment lawyer can be involved in a range of activities:
advising an employer client as to the terms which can, or should, be included
in a contract of employment,
advising the employer or employee as to what the terms of the contractual
relationship between them are,
advising employers and employees as to the effect of provisions in the
contract of employment, and
drafting contracts of employment.
The normal rules of contract law apply equally to employment contracts as they do to
all other contracts, however there are a significant number of legal restraints on
employment contracts that have to be considered . In this unit you will consider some
of the statutory restrictions that apply to employment contracts, as well as the various
ways that contractual terms can be implied into employment contracts.
You will also consider the extent to which employers can use express and implied
terms to protect their confidential information and their businesses from competition.
Outcomes
By the end of this unit you should be able to:
1. Identify the principal clauses required by s.1 Employment Rights Act 1996, and
understand the potential remedy an employee or a worker has if these
requirements are not met.
2. Identify statutory restrictions on freedom to contract in employment contracts.
3. Draft additional clauses to meet the s.1 Employment Rights Act 1996
requirements and also the specific requirements of an employer.
4. Advise as to the enforceability of post-termination duties.
unoconv_2250389193.docx 181 © The University of Law Limited
,Unit Workshop Tasks
In this unit workshop you will
1. Review the draft contract and identify where amendments may be needed in
accordance with the client’s instructions or as a result of statutory restrictions.
You should be prepared to suggest what amendments you would propose to
the client and explain the reasons for your suggested amendments .
2. Identify the potential risks to an employer if a written statement of terms or
contract that complies with statutory requirements is not given to employees or
workers.
3. Analyse a restraint of trade clause, evaluate its enforceability and advise on the
post-termination duty of confidentiality.
Preparation
To prepare for this unit workshop you should:
1. Read Chapter 1 and Chapter 2 Paragraph 2.3.3 ONLY Employment Law
(Phillips and Scott).
2. Access the materials at Appendix 1 of Employment Law (Phillips and Scott)
which provide an example of a s.1 statement and of a contract of employment.
3. Find and print off ss.1 – 3 Employment Rights Act (“ERA”) 1996
4. Find and print of s38 and Schedule 5, Employment Act 2002
5. Complete Employment Law Test and Feedback unit workshop 1 (Preparation).
6. View Employment Law Demonstration – Drafting a Contract of Employment
7. Complete the Preparatory Task. This requires you to identify amendments you
would propose to an existing employment contract. To do this will require to you
to research the answers to the questions raised by the client in the
Memorandum (Document A).
8. If you have not already done so watch the recording of Lectures 1 and 2.
© The University of Law Limited 182 unoconv_2250389193.docx
, PREPARATORY TASK
The Contract of Employment
Assume today’s date is 3 February.
Pembertons LLP (“Pembertons”), a firm of accountants, is reviewing their
employment contracts for its office juniors. Your supervising solicitor, Shaheen Khan,
has sent you a memo setting out the instructions she has received from Pembertons’
managing partner, George Pemberton (Document A attached). Shaheen has also
sent you a copy of the current standard contract that was drafted for them to use
several years ago (Document B attached).
Shaheen Khan wants you to advise on what changes, if any, you consider necessary
or would suggest to their current standard contract. She also wants you to make a
note of any further instructions needed to advise fully on any amendments needed.
In the unit workshop, you should be prepared to discuss your suggested
amendments and to explain your reasons for amending the clauses as you have.
NOTE: Your amendments should only cover the issues required by s.1 Employment
Rights Act 1996, or specifically raised in the client instructions, at this stage.
unoconv_2250389193.docx 183 © The University of Law Limited
Unit 1
Guide
The Employment Relationship
Context
There is always a contractual relationship between an employer and an employee or
a worker, even if there is no written contract. In order to identify the rights and
obligations of the parties, an adviser should begin by identifying the terms of the
contractual relationship that exist.
The employment lawyer can be involved in a range of activities:
advising an employer client as to the terms which can, or should, be included
in a contract of employment,
advising the employer or employee as to what the terms of the contractual
relationship between them are,
advising employers and employees as to the effect of provisions in the
contract of employment, and
drafting contracts of employment.
The normal rules of contract law apply equally to employment contracts as they do to
all other contracts, however there are a significant number of legal restraints on
employment contracts that have to be considered . In this unit you will consider some
of the statutory restrictions that apply to employment contracts, as well as the various
ways that contractual terms can be implied into employment contracts.
You will also consider the extent to which employers can use express and implied
terms to protect their confidential information and their businesses from competition.
Outcomes
By the end of this unit you should be able to:
1. Identify the principal clauses required by s.1 Employment Rights Act 1996, and
understand the potential remedy an employee or a worker has if these
requirements are not met.
2. Identify statutory restrictions on freedom to contract in employment contracts.
3. Draft additional clauses to meet the s.1 Employment Rights Act 1996
requirements and also the specific requirements of an employer.
4. Advise as to the enforceability of post-termination duties.
unoconv_2250389193.docx 181 © The University of Law Limited
,Unit Workshop Tasks
In this unit workshop you will
1. Review the draft contract and identify where amendments may be needed in
accordance with the client’s instructions or as a result of statutory restrictions.
You should be prepared to suggest what amendments you would propose to
the client and explain the reasons for your suggested amendments .
2. Identify the potential risks to an employer if a written statement of terms or
contract that complies with statutory requirements is not given to employees or
workers.
3. Analyse a restraint of trade clause, evaluate its enforceability and advise on the
post-termination duty of confidentiality.
Preparation
To prepare for this unit workshop you should:
1. Read Chapter 1 and Chapter 2 Paragraph 2.3.3 ONLY Employment Law
(Phillips and Scott).
2. Access the materials at Appendix 1 of Employment Law (Phillips and Scott)
which provide an example of a s.1 statement and of a contract of employment.
3. Find and print off ss.1 – 3 Employment Rights Act (“ERA”) 1996
4. Find and print of s38 and Schedule 5, Employment Act 2002
5. Complete Employment Law Test and Feedback unit workshop 1 (Preparation).
6. View Employment Law Demonstration – Drafting a Contract of Employment
7. Complete the Preparatory Task. This requires you to identify amendments you
would propose to an existing employment contract. To do this will require to you
to research the answers to the questions raised by the client in the
Memorandum (Document A).
8. If you have not already done so watch the recording of Lectures 1 and 2.
© The University of Law Limited 182 unoconv_2250389193.docx
, PREPARATORY TASK
The Contract of Employment
Assume today’s date is 3 February.
Pembertons LLP (“Pembertons”), a firm of accountants, is reviewing their
employment contracts for its office juniors. Your supervising solicitor, Shaheen Khan,
has sent you a memo setting out the instructions she has received from Pembertons’
managing partner, George Pemberton (Document A attached). Shaheen has also
sent you a copy of the current standard contract that was drafted for them to use
several years ago (Document B attached).
Shaheen Khan wants you to advise on what changes, if any, you consider necessary
or would suggest to their current standard contract. She also wants you to make a
note of any further instructions needed to advise fully on any amendments needed.
In the unit workshop, you should be prepared to discuss your suggested
amendments and to explain your reasons for amending the clauses as you have.
NOTE: Your amendments should only cover the issues required by s.1 Employment
Rights Act 1996, or specifically raised in the client instructions, at this stage.
unoconv_2250389193.docx 183 © The University of Law Limited
