Employment Law RESIT Coursework Instructions

Employment Law
RESIT Coursework
Instruction

Table of Contents
INTRODUCTION ..........................................................................................................................3
MAIN BODY ..................................................................................................................................3
1. Explain and apply the relevant express terms of employment................................................3
2. Explain and apply the relevant employers implied terms of employment. ............................4
3. Why do the employers implied terms of employment exist ..................................................4
4. How can they accommodate the relevant implied terms of employment in advance to avoid
any potential problems arising at a later date .............................................................................5
5. In giving this advice you should write a brief which covers each of the points above citing
legislation and case law in support where relevant.....................................................................5
6. Draft a gross misconduct clause that will protect the employers interest and cover the
conduct that Brightman and Co should identify as acts of gross misconduct. ...........................6
CONCLUSION ...............................................................................................................................7
REFERENCES................................................................................................................................8

INTRODUCTION
The employment law can be referred to as the set of legislations which mediates
relationship between the workers, trade unions, employing entities and even the government. The
people who works in the companies based in UK are benefited with the advantages of minimum
charter of the employment rights that are found in many regulations, acts, equity and common
law. It serves as the regulator between the employee and business. While adhering to the
legislations, it is aimed to ensure that each of the staff and employees of the companies are fair in
every aspect of the workplace and during dismissal or hiring process. It tackles the issues of
discrimination and promote equality at workplace1. This report will cover the express and
implied terms of the employment contract, their application and drafting of misconduct clause.
MAIN BODY
1. Explain and apply the relevant express terms of employment.
The employment contract can be referred to as the legal relationship between the
employee and employer. It is made up of the specific terms which are agreed in writing, known
as express terms. Then is statutory terns and at last the implied terms.
The express terms are such which are specifically mentioned or may be agreed by parties.
These include the wages of the employee, working hours, holidays to which an employee is
entitled and many others. These express terms are required to be explicitly stated in the contract
in written manner. As Brightman & Co is planning to draft the terms and conditions of the
employment, it must enumerate in each of the contract of employment the terms relating to the
following-
 The annual or monthly wages to the employee which must also include the bonus or
overtime pay.
 The number of working hours of employee, including the overtime hours.
 The rest break to which it is entitled on daily basis.
 The number of holidays to which the employee is entitled.
 Redundancy pay
 Sick pay
1 'Rebooting EU Employment Law' (2018) 3 European Employment Law Cases