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1、Employment Contracts and Contexts,Objectives,central place of contract in Er-Ee relationship contract & labour market legal regulation socio-econ. exchange - open-ended contract not like commercial contracts job contracts & managerial power/authority wider issues delivery of “performance” & manageri
2、al competence individual + work group control/defences motivation + loyalty, commitment potential for workplace disagreement reference to statutory protections contracts in a global context,The Individual in a Labour Market,individual is best judge of how to satisfy own-interests job contract - free
3、ly entered into contract (offer, acceptance, consideration) is negotiated/agreed but not an equal balance in personal service relationship subordination to reasonable & legitimate authority of employer freedom of contract between consenting parties but only in terms of individual equality before the
4、 law equality underpinned by managerial prerogative therefore NOT equal employee is junior partner employer determines organisation of work and standards (reasonable) THUS individual negotiation + freedom exists only on surface,Offer, acceptance, consideration intention, reasonable content, legal &
5、genuine consent contract of service (master-servant) open-ended relationship continuous or fixed-term or temporary or apprenticeship Contrast “contract for services” (commercial contractors, self employed) precise terms of performance for each party common law and statutory duties of employer of emp
6、loyee implied terms (general obligations) since 1963 significantly shaped by statute law control test, integration test the “borrowed employee”?,Concept of contract,express or implied, verbal or in writing Contract of employment is “usually concluded orally by people who rarely think out still more
7、rarely express, any terms” 1940 subject to statutory regulation of employment relationship Changes to the Contract? by mutual consent? within scope of effort-reward relationship (open -ended, master-servant)? reasonable within employers operational discretion? Vicarious liability Negligence employer
8、 liable for negligent/wrongful acts omissions of employee whilst acting in course of employment. The Control test. collective agreements,Formation of contract of employment,Employment Rights Act 1996,Consolidates law. Earlier Acts repealed in whole or in part the Employment Protection (Consolidation
9、) Act 1978 Wages Act 1986 Trade Union Reform Employment Rights Act 1993 Unaffected legislation Equal Pay Act 1970 Sex Discrimination Act 1975 Race Relations Act 1976 Transfer of Undertaking (Protection of Employment) Regulations 1981 Disability Discrimination Act 1995 New law e.g. Race Relations (Am
10、endment) Act 2000,ERA 1996 Right to minimum statement,initial particulars within 2 months changes communicated within 1 month employer/employee names, start, job title or brief description. Place of work? rate of pay, period, how paid, hours, conditions e.g. meals, hols + holiday pay + calculation s
11、ickness, injury sick pay pension length of notice due to/from employee where non-permanent - the term or end date disciplinary rules, code/procedure, arrangements for handling grievances (unless 20 staff) reference documents & collective agreements affecting employee itemised pay statement,Not “the
12、contract” but evidence of min. terms,RIGHTS AT WORK?,be clear on what is expected of you? know how your manager sees your performance? get on with your job in your own ways, once constraints objectives have been agreed? make mistakes occasionally? have a say/veto in who works for you? expect work of
13、 a certain standard from your staff? criticise performance when it falls below an agreed standard? be consulted about decisions which affect you? take decisions on matters which affect your department? refuse unreasonable requests?,Vicarious Liability,Employer legally liable for torts committed by e
14、mployees acting in course of their work (control test) Injured person better placed to recover damages from employer. in the course of employment express or implicit employer authorisation negligent/wrongful acts or omissions. Recruited, competent, supervised, briefed, trained etc. foolish but actin
15、g for employer benefit in overstepping duties Employer defence on frolic of their own. Outside employer control. Disobeying express instructions. Vicarious criminal liability e.g. job opportunity to steal, defraud?,Employer obligations to employee,pay contractually agreed remuneration provide work?
16、give lawful instructions only treat reasonably with respect, trust confidence provide sound supervision job instruction? observe provisions relating to sickness, holiday pay, hours. permit time-off for public duties (statutory) indemnify / insure provide references? provide for employee health, safety welfare provide reasonable safe working conditions (see statutory provisions) Not infringe Human Rights,Treat with respect, trust confidence,“Employers will not, without reasonable proper cause,
