Like all other areas of contract law ,the basic principles apply . thus , without the essential elements of a contract , the contract would be void and there would be void and there would be no binding rights and duties . in addition to the rules of common law there are a wide ranging number of acts of parliament which govern different aspects of employment.
the employer's duties are a combination of both common law and statute . any unusual duty should be an express term of the contract.
The parties may make such terms as they wish ,provided they comply with basic contract rules and statutory restrictions .
Employers
The employer's duties are a combination of both common law and statute . any unusual duty should be an express term of the contract .
The parties may make such terms as they wish , provided they comply with basic contract rules and statutory restrictions .
employees
Rights of the employee
1-
right to pay while suspended on medical grounds - statute
at present , such a suspension will have been for a good reason to protect the health of the worker in religion to specific regulations concerning dangerous chemicals radioactive substances or lead
he is only entitled if he is still able to do the work and is not physically or mentally ill . he will lose this right if he refuses a reasonable offer of alternative work
2-
right not to have action taken against him for trade union activity or membership
under employment protection (consolidation) act an employee may not be prevented from or penalized for becoming a trade unionist or taking part in trade union activities nor may he be forced to become a trade unionist or a member or of a particular union or category of trade union .
if a closed shop exists an employee can not be forced to belong to a trade union . should pressure be brought on him , which led to his dismissal because he did not want to join the union then this would amount to a cause of unfair dismissal .
nor can he be forced to make a payment e.g. to charity , instead of joining the union .
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