Employment law Essay Example | Topics and Well Written Essays - 2500 words

Employment law - Essay ExampleThis could also be held to be unreasonable behavior.A general rule has been set out in the case of General Bill built in beding Co Ltd v Atkinson1 it was held that there may be instances where an employer has behaved so badly towards an employee that the employee can treat his employment contract as if it is at an end. When this is the case, the employer may non be able to impose any post termination restrictive covenant on the employee, because the contract has been ended as a result of the employers own fault, hence he depart not have the right to demand that the employee adhere to any conditions post employment. Thus, on this basis, Ali has grand to contest the sudden change in the contract that has been made by Balmoral.It must also be noted that there may have been certain footing implied in Alis original contract, such as the province of an employee not to work for competitors, even during off duty hours, as also stated in the cases of Hivac L td v Park Royal Scientific Instruments Ltd2and Provident fiscal Group plc v Hayward.3 Alis original contract with Balmoral would have already included the implicit restriction on working for competitors, therefore the grounds for Balmoral instituting a new contract may itself be subject to dispute. In general, once an employment contract has been entered into with an employee, an employer may not change the monetary value without first obtaining the consent of the employee.4 Unless the original contract Ali had with Balmoral allows the flexibility of changing contractual terms, Balmoral will be required to follow the correct outgrowth and offer the terms to Ali, who is at liberty to accept or reject them. Balmorals dismissal of Ali on the grounds of refusal to accept new terms may give rise to grounds for a breach of contract.Even assuming that the new contract was deemed necessary after the recent incidences of poaching staff, it will be difficult for