Breach of employment contract essay

How to Write a Summary of an Article? Breach of Contract A type of contract, a legally binding agreement between two parties to do a certain thing, in which one side has all the bargaining power and uses it to write the contract primarily to his or her advantage[1]. Breach of Contract Common Breaches of Contract When any contract is made an agreement is formed between parties to carry out a service and payment for that service. If one of the parties fails to carry out their side of the agreement then the party can be said to be in breach of contract.

Breach of employment contract essay

Essay on Contract of employment Contract of employment To what extent does the law impose on both parties to the contract of employment an implied duty of trust and confidence? What impact does this implied term have in the areas of constructive, wrongful and unfair dismissal? The employment relationship constitutes an intimate and important contract between employer and employee.

It is relationship that serves to underpin commercial life and activity in any market economy and as such it is hard to overstate its profound socio-economic significance. This short paper first considers the law relating to the Breach of employment contract essay of trust and confidence which is implied in every contract of employment, then examines the impact of that implied term in the context of dismissal.

The implied duty of trust and confidence The duty of trust and confidence is imbedded into the contract of employment to ensure that each party to a contract of employment does not, without justification, behave in a manner that is likely to damage or destroy the crucial relationship of confidence and trust that should exist between an employer and an employee.

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For example, in Bliss v South East Thames Regional Health Authoritya demand that an employee submitted himself to a psychiatric examination was deemed to be an act calculated to destroy the said relationship of trust and confidence.

The duty overlaps and complements the concept of fair dealing owed by the employer. This duty contributes little to the duty of fidelity that an employee owes to an employer and which overlays the employment relationship, in particular in light of the sensitive commercial information which may be at the disposal of the employee, but it is specified as a specific duty in light of the many scenarios that can bring it to the fore.

In practice the implied duty of trust and confidence probably more often litigated than the other implied terms in an employment contract.

Contract of employment To what extent does the law impose on both parties to the contract of employment an implied duty of trust and confidence? What impact does this implied term have in the areas of constructive, wrongful and unfair dismissal? Breach of Contract Common Breaches of Contract When any contract is made an agreement is formed between parties to carry out a service and payment for that service. If one of the parties fails to carry out their side of the agreement then the party can be said to be in breach of contract. Read this essay on Contract Breach. Come browse our large digital warehouse of free sample essays. Get the knowledge you need in order to pass your classes and more. Only at srmvision.com".

It is important to note that this is a mutual duty, meaning that both the employer and the employee are obligated to treat each other respectfully. There are many examples of what might constitute a breach of the duty of trust and confidence and some of these feature below: A failure to investigate a justified complaint from an employee A good example of the interpretation and application of this duty can be found in United Bank Ltd v Akhtar.

In this case an employee was subject to a mobility clause which provided that he was liable to be transferred to any place in the United Kingdom in which his employer operated at short notice and with only the possibility of a discretionary relocation payment.

It transpired that the employee was asked to move from Birmingham to Leeds with just a few days notice albeit the employer was aware the employee was suffering difficult personal circumstances.

The court held that this amounted to a breach of the implied duty that employers will conduct themselves in a manner that does not harm the delicate relationship of trust and confidence.

On the other hand employers may be moved to cite such a breach either as a reason for the imposition of disciplinary action or to justify the dismissal of the employee.

Where there has been a breach of implied duty of confidentiality an employer may also be moved to seek an injunction against the employee to prevent further breaches.

The obvious inference to be drawn from this ruling is that employees are only entitled to bring common law claims for damages for breach of an implied term of trust and confidence in connection with the behaviour of their employer prior to dismissal.

The rationale behind this ruling is that claims in relation to dismissal itself can only be brought under the unfair dismissal scheme. However, the Lords did state that the duty of trust and confidence should have as much bearing on an employer exercising his power to dismiss as it does when the employer carries on a continuing employment relationship.

It is submitted that there is an anomaly or at least an inconsistency in the current law, given that there is a duty to act in good faith and with fairness in applying the implied duty in circumstances when an employer is deliberating as to whether to suspend an employee but not in circumstances when the employer is considering taking the more serious decision to dismiss the employee.

It is submitted that it would be a natural development of the implied duty of trust and confidence to incorporate within it an obligation only to dismiss employees fairly and in good faith.

The Eastwood decision thus reopens the prospect of employees bringing common law claims seeking damages for unfair termination of their employment. Essay UK - http: There are UK writers just like me on hand, waiting to help you.

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About this resource This Law essay was submitted to us by a student in order to help you with your studies.What Can You Do If Your Employer Is In Breach Of Contract? 0. more.

Breach of Contract - Sample Essays

now viewing. What Can You Do If Your Employer Is In Breach Of Contract? December 9, Amy Elliott. If you feel as though you’ve been mistreated by your employer and they are in breach of your employment contract, you can take action. With the right knowledge . Another common breach of employment agreement is where the employer terminates the worker in a way that violates the terms of the agreement.

As an example for employees, a breach can occur if they seek to find employment . Breach of contract can also occur if work carried out is defective or if one party makes the other aware that they will not be carrying out the agreed work.

Breaches of contract can also include non payment for a service or not paying on time, failure to deliver services or goods, and being late [ ]. Contract of employment To what extent does the law impose on both parties to the contract of employment an implied duty of trust and confidence?

What impact does this implied term have in the areas of constructive, wrongful and unfair dismissal?

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Breach of Contract Common Breaches of Contract When any contract is made an agreement is formed between parties to carry out a service and payment for that service.

If one of the parties fails to carry out their side of the agreement then the party can be said to be in breach of contract.

1 CONTRACTS OUTLINE I.

Breach of employment contract essay

CHAPTER 1: REMEDIES FOR BREACH OF CONTRACT A. The Goals of Contract Damages i. Expectancy Principle—so far as monetary damages will do it, put the non-breaching party in his expectancy position and give him economic benefits of full performance.

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