CIMA BA4 Syllabus C. CONTRACT AND EMPLOYMENT LAW - Common Law Duties of the Employer - Notes 3 / 5
An overriding duty of Mutual Trust and Confidence
So don't call your employee "an intolerable bitch on a Monday Morning" :) (yep that's in a case! - IoW tourist Board v Coombes
Other duties this mutual trust implies for the employer are:
You must investigate Sexual Harassment Claims
Bracebridge Engineering v Darby
Pay reasonable remuneration
Idemnify the employee (for expenses)
Take care of Health and Safety
Provide work (or if no work - keep paying as if there was)
Behave reasonably and responsibly towards employees
Give reasonable notice of termination of employment
NB. There's no duty to PROVIDE a reference
However if you do - reasonable care is needed for its accuracy and fairness
Remedies for breaking these common law duties?
Treat the contract as discharged and
Claim for constructive dismissal
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Common Law Duties of the Employee
Syllabus C. CONTRACT AND EMPLOYMENT LAW
C2a. Contract Of Employment
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Statutory Duties of the Employer
Syllabus C. CONTRACT AND EMPLOYMENT LAW
C2a. Contract Of Employment