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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...

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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...

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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...

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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...

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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...

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Question: “It would be hard to over emphasise either the contribution made by implied terms in building up the contract of employment or the flexibility and power this operation gives to the Judges whose job it is to construe the contract”.

Discuss Employment Law in the context of this statement.

Edinburgh Napier University

Answer: Introduction Employment law is an exceptionally unpredictable subject area and which changes...

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Question: Employment Law Case Study
Scenario is NOT available.

Answer: To claim for unfair dismissal the employee must have been dismissed at...

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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...

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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...

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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....

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