Obligations, Contracts, Discipline and Grievance Handling（PPT 27）

Background
contract - central to Er-Ee relationship
(offer, acceptance, consideration) negotiated/agreed
plus common law/statutory  regulation
socio-econ. exchange - open-ended unlike commercial contracts
job contracts & managerial power/authority
an equal balance in service relationship?
subordination to reasonable & legitimate authority
employer determines organisation of work and standards (reasonable)
delivery of performance, motivation + loyalty, commitment
common law duties of employer & employee
Express and implied terms (general obligations)

express or implied, verbal or in writing
“usually concluded orally by people who rarely think out  still more rarely express, any terms” 1940
subject to statutory regulation
Changes to the Contract?
mutual consent?
within scope of effort-reward relationship?
within employer’s (reasonable) operational discretion?
Vicarious liability  & Negligence
employer liable for negligent/wrongful acts & omissions of employee in course of employment.
Employment Rights Act 1996
Consolidated earlier Acts repealed in whole or in part
Unaffected
Equal Pay Act 1970
Sex Discrimination Act 1975
Race Relations Act 1976
Transfer of Undertaking (Protection of Employment) Regulations 1981
Disability Discrimination Act 1995
RIGHTS AT WORK?
be clear on what is expected of you?
know how your manager sees your performance?
get on with your job in your own ways, once constraints  objectives have been agreed?
make mistakes occasionally?
have a say/veto in who works for you?
expect work of a certain standard from your staff?
criticise performance when it falls below an agreed standard?
be consulted about decisions which affect you?
take decisions on matters which affect your department?
refuse unreasonable requests?