revision
| Front | What's the definition of a contract? |
| Back | - A promise or a set of promises which the law will enforce. It is an enforceable agreement |
| Front | What happens in a whistleblower case? |
| Back | - Public Interest Disclosure Act 1998 was passed to allow some protection for workers who disclose information about certain matters. 1998 Act amended the Employment Rights Act 1996. Relevant provisions of the amended ERA 1996 are:1. Section 43A of the ERA 1996 provides that a 'protected disclosure' is a "qualifying disclosure"2. Section 43B of the ERA 1996 defines a "qualifying disclosure" as: "a qualifying disclosure if a worker reasonably believes that the information is in the public interest and tends to show one of more of the following - a criminal offence, failure to comply with any legal obligation, a miscarriage of justice, a danger to health and safety and damage to the environment3. Disclosure must be made to an individual's employer or to some other person who has responsibility for the matter disclosed, to a legal adviser or to a prescribed person 4. Those who make a protected disclosure have the right not to be subject to detriment by any act, or failure to act, on the part of the employer or a co-worker by reason of the individual making the disclosure |
| Front | What is the duty of fidelity relating to implied duty not to compete with the employer? |
| Back | - Adamson v B & L Cleaning Services Ltd 1995 - employee asked a customer to put on a tendering list of contract on which they were working when it was due for renewal. EAT held that these actions amounted to a breach of the implied duty of fidelity- Neary and Neary v Dean of Westminster 1999 - claimants were dismissed for using their positions in the organisation to make secret profits. This conduct was held to undermine fataly the relationship of trust between the parties- Nottingham University v Fishel 2000 - concerned the earnings of a university academic from organisations other than his employer. Feature of fiduciary relationship is the duty to act in the interests of another. The individual did not have a fiduciary relationship because there was no contractual obligation to seek work on behalf of the university, rather than for himself |