Maximum 48-hour week is a statutorily implied term in all employment contracts
Article Abstract:
The High Court ruled in Barber v. RJB Mining (U.K.) Ltd. that all employment contracts must be read to allow no employee to work more than an average of 48 hours per week during any 17-week reference period. Such contracts may be enforced by employees in the civil courts; enforcement of the limit is not restricted to the health and safety enforcement authorities under criminal and quasi-criminal provisions. Employees of RJB Mining may refuse to continue working until their average working hours come within the specified limit.
Publication Name: Industrial Relations Law Bulletin
Subject: Law
ISSN: 0969-3637
Year: 1999
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The contract of employment
Article Abstract:
Participation in a strike or most other forms of industrial action will be considered a breach of contract under current UK law. Possible employer responses include summary dismissal, suing for damages or taking deductions from wages. A number of cases provide guidance concerning an employer's right to deduct wages in response to industrial actions. The contractual implications of collective 'no-strike' agreements and employer lockouts are also discussed.
Publication Name: Industrial Relations Law Bulletin
Subject: Law
ISSN: 0969-3637
Year: 1995
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Agency worker as an employee
Article Abstract:
The Employment Appeal Tribunal (EAT) has ruled that the contractual terms of a written contract define the employment status of a person in cases where the person is employed through an employment agency. In the case of McMeechan v. Secretary of State for Employment, the EAT decided that McMeechan was an employee of the employment agency because his contract with the agency was structured like a contract of employment.
Publication Name: Industrial Relations Law Bulletin
Subject: Law
ISSN: 0969-3637
Year: 1995
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