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The court system has specialised rules in the determination, beyond the charter of rights, with respect to terms and conditions wherein the worker's contract is specified. Rules with respect to terms and what is implied by those terms is within the general scope of law or contract law. There is one case relative to English law that if the contract affects legal rights, the process of construction must be "intellectually segregated" from that of the general contract. The preceding is necessary because there remains a dependency on the employer by the employee. In example, one person holding a contract was informed her employment was terminated by way of written correspondence. She read the contents of the mailed envelope three days after it arrived at her residence. The lady then made claim of unfair dismissal three months and two days after arrival of the termination correspondence. (Relative search terms employment law birmingham.)

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The Employer Held that the Employee had no Valid Claim based upon the Wording within the Contract


The employer presented the argument that time was of consideration on the grounds that in the matter of Contract law, an individual is bound by the notice. Specifically stated the wording in the notice is the amount of time necessary for a reasonable individual to read the message regarding termination--which the employer argued--the former employee did have--making her claim invalid.


The Supreme Court Held for the Employee Stating that the Period of Time to Come to the Court Protected Her Rights to Make a Claim


The higher court held that the reader of the correspondence was not categorically outside of the parameters of making a reasonable claim against her former employer. The court arrived at its decision stating that the employee was only held to the time when she actually read the letter, not the time it took her, overall, to come to court with a claim against the terminating employer.


Purpose of Employment is the Determining Factor in the Protection of the Rights of the Employee


Applications in way of employment differ, relative to the purpose of the Employment Law in the protection of the employee's rights. This concept extends from how the contract was formed with regard to termination and the interpretation of that construction, applicable to the statutory protection of the dependent worker. The above case is relative to Gisda Cyf v Barratt, Lord Kerr.


Summary of the Preceding Information


In conclusion of the preceding insights, it is clear that each employee must receive a written statement relative to the contract of employment. The documentation generally includes the workplace collective agreement and essentially provides the employee with more than the minimum legal rights.


Explanation of Terms of Employment


The terms of employment are all things provisioned to the employee once he or she begins his or her tenure within the organisation. The terms of employment must not violate statutory rights. Terms are incorporated by way of reasonable notice. An example is referring to a personnel handbook within the written agreement of employment. Another example is referring to documentation, filed within a particular area of the office, next to the personnel handbook.


Explanation of a Collective Agreement


A collective agreement, without express wording, is considered a non-binding agreement. Collective agreements are made between unions and employers. The test applied by the court is to ask, whether the terms are apt for incorporation and not statements of policy. Collective agreements provide clarity however, in way of a last-in first-out rule as was held in one case. The collective agreement is relative to the terms and conditions of employees within the working environment. It provides regulations of the duties of the employer and the duties of the employee. It is the result of the process of collective bargaining---between the employing firm and a member representative of a union


An Example of Redundancies


Within another case---a clause falsely claiming censuring redundancies was held as binding---in honour. Employees dismissed with regard to a redundancy are entitled to receive their notice period, either contractual or statutory---whichever is lengthier. The period of notice, then, varies with respect to the employee's length of employment and the type of employment service. The employee may have worked for the employer anywhere from one week to three months and greater.


In conclusion of the preceding information, it is clear that employment law is complex by its very nature. The type of employment as well as the working environment is respective to the law which is applied to any given situation. It is essential then, that everyone in the employment process attain the reasonable legal assistance from a legal professional that is knowledgeable with regard to all the ins and outs of employment law of the United Kingdom.