The Essential Guide to Employment Contracts

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Features

Implied Terms in Employment Contracts

Posted in: Essential Guide to Employment Contracts on 16/05/2016 What is an implied term? Employment contracts are subject to the same legal principles as other contracts in that the terms between the parties should be expressly written but in addition there are number of term that can be implied into an employment contract even where they are not expressly agre...
This article is listed under the following topics:
Contracts of Employment
Features

Continuity of Employment - Why is it Important?

Posted in: Essential Guide to Employment Contracts on 19/04/2016 The requirement to provide a written statement of terms of employment includes the date from which the employment began. It is important to record this as many employment rights only apply after a minimum period of continuous service. For example: after one year continuous service an individual can...
This article is listed under the following topics:
Contracts of Employment
Features

The Requirement to Provide a Contract of Employment

Posted in: Essential Guide to Employment Contracts on 19/01/2016 The Requirement to Provide a Written Statement of Particulars / Contract of EmploymentWhat is the legal requirement?Employees (not all workers) are entitled to a written statement of particulars of the most important aspects of their contract. Alternative documents may be used such as an offer lett...
Features

Making a Reasonable Investigation

Posted in: Essential Guide to Employment Contracts on 07/10/2015 There is a well-established line of legal authorities on the importance of conducting an investigation into misconduct. In practice, it is often difficult to draw the line on how far to investigate employees’ responses to allegations of misconduct. The decision of the Court of Appeal in the case of...
This article is listed under the following topics:
Disciplinary and Grievance Issues
Features

On the Road - the ECJ Decide if Travel Time is Working Time

Posted in: Essential Guide to Employment Contracts on 15/09/2015 The European Working Time Directive 2003 (WTD) and the national legislation comprised in the Working Time Regulations (NI) 1998 (WTR) have been under regular scrutiny in the courts over the last number of years. Few employers will have missed the publicity surrounding the debate over what should an...
Features

N for No Escape from TUPE

Posted in: Essential Guide to Employment Contracts on 25/08/2015 What happens to the employees of C if A outsources services to B who then subcontracts to C and A subsequently insources the work or changes the provider from B to someone else? Do C’s employee’s transfer?Kiera Lee writes:Until now tribunals have been of the view that since there is no contractual ...
This article is listed under the following topics:
Health and Safety
Features

L for Luck Has Nothing To Do With It!

Posted in: Essential Guide to Employment Contracts on 16/03/2015 Kiera Lee, writes:There was an overall increase in 2014 in the number of people in employment in Northern Ireland. http://www.detini.gov.uk/economic_overview___8211__february_2015__for_web_.pdf Whatever recruitment challenges employers are facing it is important that anyone involved in recruitment ...
Features

K for Keeping an Eye on Working Hours

Posted in: Essential Guide to Employment Contracts on 20/01/2015 Kiera Lee, writes:The Equality Commission for Northern Ireland have launched an investigation into treatment of pregnant workers and working mothers in the work place. The commission has stated that its most common complaint on grounds of gender is related to this treatment. http://www.equalityni.o...
Features

J for Judicial Review of the Right to be Accompanied

Posted in: Essential Guide to Employment Contracts on 18/11/2014 Kiera Lee, writes: In the case of AB v Down District Council [2012] NICA 60 the Court of Appeal in Northern Ireland considered whether an employee had the right to be legally represented in disciplinary proceedings. The case considered the authorities on the question and the additional element of t...
Features

I for Implications of Sleeping on the Job!

Posted in: Essential Guide to Employment Contracts on 16/09/2014 Kiera Lee, writes: The Employment Appeal Tribunal in England recently considered whether a worker is entitled to be paid National Minimum Wage (NMW) during a night shift on which she was entitled to sleep if not needed for emergency purposes. This case Esparon t/a Middle West Residential Care Home ...