Terms Implied by Common Law Abroad

Terms Implied by Common Law

  • Employers’ duties
    • To pay employees
      • Even if employer has no work for employee to do. ( visit Taxi in Manchester ) for more information. This happened to many cab companies across the U.K.
    • To provide work
      • NB this only applies if the employee is to develop their skills OR
      • Their reputation OR
      • If they are earning commission

Otherwise, there is no duty.

 

    • To indemnify
      • Any reasonable expenses incurred in their job

 

    • To take reasonable care of the employees’ personal safety (not their property)
      • By providing;
        • Adequate equipment
        • Safe premises
        • Safe system of work
        • Competent work colleagues

 

    • To take reasonable care in giving references
      • NB there is no duty to give a reference
      • If one is given, it must be accurate and not misleading.
      • It must be ‘true, accurate and fair’-Bartholomew v London Borough of Hackney [1999].

 

  • The duty of Trust and Confidence

This is owed by both employer and employee

The duty was first proposed in Courtaulds Northern Textiles Ltd v Andrew (1979) (EAT) and formalised in Malik v BCCI (1997) (HofL). However since then the scope of the duty has increased and there is now a state of uncertainty about its limits.

 

To establish whether a breach has occurred, a 2-part test was devised.

          1. Did the individual conduct themselves in a manner calculated to destroy or seriously damage the relationship of trust and confidence between the parties? If the answer is “Yes” then;
          2. Did the individual act in this way due to some reasonable cause?

 

  • Employees’ duties
    • To follow the employer’s reasonable instructions
    • To carry out duties personally and not delegate unless authorised
    • Not to make a secret profit
    • To exercise reasonable care and skill in the performance of their duties
    • To indemnify the employer
      • For losses caused by the employee’s negligence
    • To carry out their duties in a safe manner
      • To protect the employer’s property
      • To protect fellow employees.