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Employment Law

Question: “Although the Suzen decision has been described as involving a shift of emphasis or a clarification of the law, nothing was said in Suzen which casts doubt on the correctness of the interpretation of the Directive in… earlier decisions… The importance of Suzen [has], I think, been overstated”.

Analyse the law relating to transfers of undertakings. To what extent do you agree with the statement of Mummery LJ?

Answer: At common law, a contract of employment was a personal contract between the employer and the employee; when that relationship ceased, the contract of employment came to an end. Thus if a business was sold, the purchaser had the right to choose whom to employ and the employee had the right to choose whom he would serve. It can be seen therefore that the sale or transfer of any business, under the ......(short extract) to download the full answer, please Sign in or Register then make a payment or submit an essay

Question: ‘The measure of success of any law of the termination of employment is the extent to which re-employment is attained where appropriate. By this measure, the law of both wrongful dismissal and unfair dismissal must be judged a failure.’

Critically discuss the above statement.

Answer: When the Industrial Relations Act 1971 introduced a right to claim unfair dismissal, it filled a sorry gap in the common law. Unlike civil law systems, the courts had not qualified the presumption in contracts of employment that an employer could dismiss an employee for any reason whatsoever, in any manner the employer chose, provided that reasonable notice was given. The Act permitted employees t......(short extract) to download the full answer, please Sign in or Register then make a payment or submit an essay

Question: ‘It is becoming increasingly easy for ex-employers to ensure that their ex-employees do not disclose or otherwise abuse any sensitive information belonging to the ex-employer. This is so even where the contractual relationship ends following a fundamental breach.’

Critically evaluate the above statement.

Answer: If an ex-employer wishes to ensure there is no disclosure or abuse of any sensitive information by an ex-employee, he could either rely on a “garden leave” clause, the implied duty of fidelity (1) & the equitable concept of breach of confidence, or have agreed a restrictive covenant whereby an express term in the employment contract stipulates a restraint on future activities.......(short extract) to download the full answer, please Sign in or Register then make a payment or submit an essay

Question: Discuss the role of law in the regulation of the employment relationship in Britain

Answer: The law in this country has played a significant role in the development of industrial relations, and until the last quarter of the 19th century, it was mainly used to control the labour market in favour of employers. We can see instances of this in the Combination Act 1799 (making it a criminal offence for workers to combine together to agree wage rates or conditions) and in numerous acts before ......(short extract) to download the full answer, please Sign in or Register then make a payment or submit an essay

Question: Is the difference between \'employee\', \'worker\' and \'self-employed\' persons made sufficiently clear in UK employment law?

Answer: The distinction between the notions of ‘employee’, ‘worker’ and ‘self-employed’ persons is not sufficiently clear in the UK employment law. This problem is due to: 1) lack of statutory guidance in differentiating those three terminologies; 2) judicial engineering through the common law and 3) the problems deriving from management practices. Despite this uncertainty, different legal imp......(short extract) to download the full answer, please Sign in or Register then make a payment or submit an essay

Question: What is the contribution of case law in defining undertaking and transfer?

Answer: There is no clear definition in law concerning the transfer of undertakings. Much case law exists related to the definition of transfer and undertaking contained in TUPE 1981. The first regulation was the Transfer of Undertakings (Protection of Employment) Regulations 1981 (TUPE 1981) that was created to comply with the Acquired Rights Directive.......(short extract) to download the full answer, please Sign in or Register then make a payment or submit an essay

Question: ‘To what extent does the obligation to maintain mutual trust and confidence ensure fair dealing between the employer and employee in respect of disciplinary proceedings, suspension of an employee and dismissal?’

Mutual trust and confidence:-

Answer: There are certain duties that an employer has to apply to its employee. This is to obtain a mutual obligation of trust and confidence between each other. A duty of cooperation is owed, if the employer doesn’t show a duty of cooperation to the employee, this then can lead the employee to terminate the contract, sue or affirm the breech and continue.......(short extract) to download the full answer, please Sign in or Register then make a payment or submit an essay

Question: Critically assess how effective employment law is as a means of altering social attitudes.

Answer: To assess how effective employment law is as a means of altering social attitudes I aim to thoroughly examine whether respective legislation has sufficiently enabled women to enter and progress in professional employment on an equal footing with men. Hence, has there been a lifting of the so called ‘glass ceiling’, which Browne defines as, “An invisible barrier of discrimination which ma......(short extract) to download the full answer, please Sign in or Register then make a payment or submit an essay

Employment Law

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