Employment Law 1 - The contract of employment

Employment Law



The Contract of
Employment

, Employment Law
Historically


Introduction


Recruitment


Illegality


Variation




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, 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




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, 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




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, 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




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