Employment law lesson 3.pptx

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Employment law – lesson 3

By Jayne Harding LLB(Hons) LLM DipEd QTLS FHEA

Lesson objectives:

• Learners to identify the implied duties upon an employer to protect and keep employees safe during the course of their employment.

• Evaluate the statutory duties on an employer towards the safety and welfare of an employee during the course of their employment.

• Evaluate the common law and statutory duties on the employee to comply with workplace practices and requirements.

Quick recap - Explain the difference between a Contract OF Service and a Contract FOR Services.

Give a definition of the term "worker" as explained under the Employment Rights Act 1996?

Explain what is meant by an implied term? Give examples where you can.

Explain what is meant by an Express term? give examples where you can.

Name the THREE key tests applied by Lord Justice McKenna in Ready Mixed Concrete?

Revise the Equality Act 2010. The Act states NINE protected characteristics, which TWO answers below are protected?

A

Attitude and behaviours

B

Gender & Trans gender

C

Disability

D

Mental competency

Can you name the other protected characteristics under the Equality Act 2010?

Implied duties of an employer

• The are several implied duties which ALL employers have to their employees during the course of there employment.

• Duty to pay wages.

• Health and Safety duties.

• Duty to provide a suitable working environment.

• Duty to provide reasonable notice.

Activity 1 – Read case law and define the key legal principles.

• Smith v. Pimlico Plumbers

• Paris v Stepney Borough Council.

• Rodgers v Leeds Laser Cuttings.

• Best v. Embark on Raw Ltd.

• Robinson-Steele v RD Retail Services Ltd and other cases (2006).

Explain how these cases relate to implied duties.

Employees implied terms.

• The employee also owes a duty to comply with the employers implied terms of a contract.

• Duty of Fidelity.

• Duty to exercise reasonable skill and care.

• Duty to obey lawful and reasonable orders.

• Duty to be ready and willing to work.

• Duty of confidentiality.

• Duty not to act in a position of conflict of interest.

Duty of confidentiality

• Employees have a mutual duty of confidentiality when dealing with both customers and other employees within the organisation.

• Various claimants v WM Morrisons Supermarkets.

• Give a brief summary of the facts.

• What was held by the employment tribunal & Courts.

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Duty to exercise reasonable care and skill.

• Read the case of Wilsons and Clyde Coal v English (1938).

• Provide a brief summary of the facts of the case?

• What did the Court provide?

• Can you provide a summary of the Court’s reasoning?

Duty to obey and follow reasonable orders.

• United Bank v Ahktar (1989) &

• Pepper v Webb (1969)

• Provide a brief summary of the case.

• What did the EAT provide and explain the reasons behind their decision?

Duty of Fidelity

• Read the case of Nova Plastics Ltd v Froggatt (1982).

• Explain the facts of the case?

• What was the breach of fidelity?

Activity 2 - Scenario

• Read the following fictitious scenario and answer the questions;

• Susan is working in student support services for a large University in Nottingley. She is an employee of the University and receives a monthly salary and her tax and NI is deducted by the employer each month.

• Susan is unhappy with many things happening at the University and especially the working conditions within the office. The new building is ‘open plan’ and the temperature is usually very cold through all the months of the year. Staff members frequently suffer from colds, flu’s and chest infections. Furthermore, the environment of the ‘open plan’ office is noisy and can prove to be very distracting to work in. This affects the quality of Susan’s work when working on the frontline counter.

Activity 2 - Scenario

• Susan has asked to be moved either to a quieter office or another campus on the University. In her contract, there is a mobility clause which states that staff members can be asked to work in any of the Universities three main campuses.

• Susan has discussed this as a potential option with her line manager Richard. He has agreed in the short term but then replies “we will see how we go”, suggesting that it may not be possible long term.

• Susan reiterates that the noisy environment and cold temperatures of an ‘open plan’ office is causing her to get sick more often and also taking it’s toll on her mental health which in turn is affecting her performance at work.

• Discuss what categories of implied duties have been broken by the employer? Give examples and discuss relevant case law in your answers.