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Understanding Employment Contracts and Dismissal

Three separate essays on employment contract terms, termination of employment contract, and alternative dispute resolution in English law.

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Added on  2023-01-23

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This document provides an in-depth understanding of employment contracts and dismissal. It explains the types of terms in an employment contract, such as express and implied terms, and the influence of statutes and common law. The document also discusses the differences between wrongful and unfair dismissal, including the minimum period of service required and the available remedies. Additionally, it explores the various methods of resolving employment disputes, including court-based litigation and alternative dispute resolution methods like arbitration, mediation, and conciliation.

Understanding Employment Contracts and Dismissal

Three separate essays on employment contract terms, termination of employment contract, and alternative dispute resolution in English law.

   Added on 2023-01-23

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Running head: Business Law Assignment 0
Business Law
4/19/2019
Student’s Name
Understanding Employment Contracts and Dismissal_1
Business Law Assignment 1
Contents
Essay 1.............................................................................................................................................1
Essay 2.............................................................................................................................................2
Essay 3.............................................................................................................................................4
References........................................................................................................................................6
Understanding Employment Contracts and Dismissal_2
Business Law Assignment 2
Essay 1
An employment contract is a type of contract, which states the rights, and liabilities of an
employer and employee under an employment contract. These rights and responsibilities are
known as terms of the contract. The employment contracts are legally enforceable (Reel and
Abraham, 2007). Mainly two types of terms are there under an employment contract namely
express and implied terms. Express terms generally vary according to the parties of the contract
as the same are based on the personal identification and features of employer and employee.
These terms mainly include provisions related to the job description, work rules, disciplinary
actions, and grievance procedures, code of practice and so on. This varies employer to employer.
Nevertheless, this would be wrongful to state that the parties decide all the expressed terms and
they can modify them according to their will. Employer is required to give statement of
particular to employees within 8 weeks of starting work. On the different side, implied terms are
usually universal in nature. It means they exist in almost every employment contract irrespective
of type and size of organization.
Statutes help to decide the express as well as implied conditions of a contract. For example,
hours of work are an important express term of an employment contract. Parties to the contract
can mutually decide this term but while finalizing the same, they have to comply with the
provisions of Working Time (Amendment) Regulations 2003. These regulations state that an
employer cannot ask his/her workers to work more than 48 hours a week. Further particular of
pay is also an express term of an employment contract, which is again influenced by the National
Minimum Wage Act 1998.
Understanding Employment Contracts and Dismissal_3

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