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1、Obligations, Contracts, Discipline and Grievance Handling,天马行空官方博客：http:/ ；QQ:1318241189；QQ群：175569632,Background,contract - central to Er-Ee relationship (offer, acceptance, consideration) negotiated/agreed plus common law/statutory regulation socio-econ. exchange - open-ended unlike commercial con
2、tracts job contracts & managerial power/authority an equal balance in service relationship? subordination to reasonable & legitimate authority employer determines organisation of work and standards (reasonable) delivery of performance, motivation + loyalty, commitment common law duties of employer &
3、 employee Express and implied terms (general obligations),express or implied, verbal or in writing “usually concluded orally by people who rarely think out still more rarely express, any terms” 1940 subject to statutory regulation Changes to the Contract? mutual consent? within scope of effort-rewar
4、d relationship? within employers (reasonable) operational discretion? Vicarious liability & Negligence employer liable for negligent/wrongful acts & omissions of employee in course of employment.,Formation of contract of employment,Employment Rights Act 1996,Consolidated earlier Acts repealed in who
5、le or in part Unaffected Equal Pay Act 1970 Sex Discrimination Act 1975 Race Relations Act 1976 Transfer of Undertaking (Protection of Employment) Regulations 1981 Disability Discrimination Act 1995,RIGHTS AT WORK?,be clear on what is expected of you? know how your manager sees your performance? get
6、 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 a certain standard from your staff? criticise performance when it falls below an agreed standard? be consulted about decisions which affe
7、ct you? take decisions on matters which affect your department? refuse unreasonable requests?,Employer obligations to employee,pay contractually agreed remuneration provide work? give lawful instructions only treat reasonably with respect, trust confidence provide sound supervision job instruction?
8、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,Employee oblig
9、ations to employer,ready, willing available to do work work for employer in employers time use care, skill, be reasonably competent not to be unduly negligent obey reasonable, lawful instructions take care of employers property ( good will?) Fidelity: act in good faith, respect values confidences Ab
10、sences? Industrial action? Response to operational change? Justifiable refusal to obey? exceptional danger order would constitute a legal offence,Unfair Dismissal,“Usually evident when someone has been dismissed.” The employer has clearly terminated the contract? Also when: fixed term contract expir
11、es but is not renewed - is this unfair? Plus constructive dismissal employee has reason to resign because of employer conduct,Automatic invalid reasons,Employer prevents an eligible employee to return to work after pregnancy/childbirth - regardless of service (ERA). Sex, race & disability discrimina
12、tion/victimisation/detriment - assertion of statutory rights & support Health & safety s.100 right not to be dismissed or subject to detriment for acting as safety representative and carrying out designated activities to prevent/reduce risks & dangers Public Information Disclosure Act 1998. Legitima
13、te TU membership (non-membership) & activities,No right NOT TO BE Dismissed.,without good reason (ERA 1996) complaint & redress to Employment Tribunal Principle job stake cannot be ended just by serving contractual notice. Restraint on hire-fire employer Does it really constrain employers freedom of
14、 action?,Eligibility?,1 year continuous service at date of termination. no FT/PT thresholds no service requirement for inadmissible reasons claim within time limits (reasonably practicable) Exclusions (Human Rights Act?),Valid reasons for dismissal,Employer must show that reason or principal reason
15、falls within ERA s96 Conduct common, leading to the most complaints for unfair dismissal Capability or qualification for performing the work employee unable to do job/work satisfactorily or does not have qualifications for it. Illness & frustration of contract Redundancy Generally not grounds for U/
16、F dismissal claim. Statutory requirement Continued employment contravenes statutory duty e.g. drivers licence, work permit. Some other substantial reason,Conduct,refusal to obey reasonable instructions introduction of a new working system? timekeeping, absenteeism breach of exclusivity, trust and confident stealing from employer (what does this comprise?) breach of safety instructions, negligence, acts and omissions. immorality, drunkenness Theft - what is theft from emp
