Employment Law Essay Example | Topics and Well Written Essays - 2000 words - 5

Employment Law - Essay ExampleThose terms include the payment of 40,000 pounds annually and a prudenceary bonus of 6,000 pounds provided he meets company deadlines. Although the bonus appears to be a flexible term in the sense that the company may at its discretion decline the payment of the bonus, the annual salary is a fixed term, agreed between the parties.A contract of art is in many ways no different from a commercial contract in that it contains an exchange of agreements by which the parties are bound to observe.1 Like a commercial contract, an employment contract cannot be waived unilaterally unless the contract itself makes specific provision for variations of the type downstairstaken, although the contract may be varied by operation of statue without either parties consent.2 On the facts of the case for treatment there are no statutory provisions applicable to Davids salary under the contract with C Plus. It therefore follows that the variation could not be effected by th e employer without Davids consent.It would appear that C Plus may be erroneously relying on a Section 4 bidding under the Employment Rights Act 1996 which permits variation of a Section 1 literary argument.3 A Section 1 Statement is typically issued following the initial stage of employment and sets out the terms of employment. A Section 4 Statement will reflect changes to a Section 1 Statement. However, since a Section 1 Statement is not a contract in and of itself, but evidence of the existence of a contract,4 an employer can only logically rely on the validity of a Section 4 Statement if the employee to whom it relates agrees or does not voice an objection to it.5 Even if the employer fails to voice his or her objection to the Section 4 Statement the philander may still deem it ineffective.6David did however, voice his objection to the variation of his salary under the initial contract and by doing so makes the Section 4 Statement/variation of the contract invalid.