Employment Law Essay Example | Topics and Well Written Essays - 2000 words - 3

Employment Law - Essay Example The contract of employment is the cornerstone of the employment relationship. In Gascol Conversions Ltd., v Mercer1 Courts found that contracts of employment, like all other contracts, consist of express and implied terms and the written statement is only evidence of the various contractual terms and, unless the employee has agreed that it accurately represents those terms, it is not binding on the employee. Here the argument is that at the time of recruiting the employee, employer can impose these restrictive clauses. Restrictive covenants are terms in a contract of employment that limit the employees activities following termination of their employment. Now it need to consider the capacity of Balmoral to change or impose new restrict covenant. In RS Components v Irwin2, a case before the National Industrial Relations Court the employer decided that it needed to introduce restrictive covenants. The NIRC held that held that there was nothing in the section to preclude the tribunal from finding. The dismissal on the grounds of the needs to impose the new restriction fells within the some other substantial reason category. If employees refused to sign, the new contract could therefore be dismissed. Here the Court noted that the employer would have to devise covenants that were not void. It is a landmark case that decided in 1973 should demonstrate best practice, rather than Windsor Recruitment v Silverwood and others3, which decided in 2006. Employment law still has the capacity to spring a surprise. In Hanover Insurance Brokers Ltd v Schapiro4 the CA Dillon LJ argued that a restriction that seeks to prohibit a defendant from poaching any employee, irrespective of expertise or juniority and including those who entered employment after the defendant left, is invalid5. In Living Design (Home Improvements) Ltd. v Davidson6 the CA has recognized the possibility of a restrictive covenant sufficient to