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LABOUR LAW
1. (a) Explain the right of employees to a statement of particulars under Section 1 Employment Rights Act 1996 (ERA1996) and explain what remedies are available to an employee who does not receive a statement of particulars within two months of employment.
(b) Identify and explain three terms implied into contracts of employment by the common law, other than the duty of mutual trust and confidence. You should briefly explain the obligations these terms impose on employees or employers.
(c) What is a garden leave clause? Why should an employer include one in the employment contracts of senior employees?
2.The Reginald Tipster Restaurant has a reputation for good food. All the staff are paid in excess of the industry average due to this success.
Diana is a waitress at the restaurant and she has worked for the business for the last two years on a series of three month fixed term contracts with a couple of weeks off in between.
Last week she was found drunk, in the back storeroom for which she received a warning. Yesterday the manager told her to go and not bother coming back after finding her again intoxicated.
Advise Diana whether she may be successful in a claim for unfair dismissal.
2. The Law on maternity rights has developed to fit into the society of today. Discuss taking into account the rights given to both men and women.
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