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please answer the question this is the assignment
Contract and Employment
Assessment
Please provide a written answer of no more than 2000 words on question 1. below. The submission date is 10th January 2011
Each part of the question carries equal weight.
Reading
You should read the cases indicated below, the sections on unfair dismissal and restraint of trade in the textbooks and in particular the following :
Smith & Wood, “Employment Law”, 10th edition 2010, pp 91-100; 390-391; 471-2 OR
Lockton, D “Employment Law” 6th edit., Palgrave, 322-4 and Ch.11, OR
Honeyball and Bowers “Textbook on Employment law “ 10th edit., 46-50 and 175-180, OR
Selwyn, “Selwyn’s Law of Employment” 15 edit 2008, 436-439; 485-495, OR
Sargeant and Lewis, “Employment Law” 97-101; 145-157, OR
Harvey “Industrial Relations” paras 195-240; 1851-1917
Students must also read and discuss the following cases. There may be others
RSC v. Irwin [1973] ICR 535
Hollister v NFU [1979] IRLR 238.
Nordenfelt v. Maxim etc [1894] AC 535
Herbert Morris Ltd v Saxelby [1916] 1 AC 688
Home Counties v Skilton [1970] 1 All ER 1227 CA
Evening Standard Co. Ltd. v Henderson [1987] ICR 588
William-Hill Organisation Ltd. v. Tucker [1998] IRLR 313 CA
Standard Health Care Ltd v Gorman [2010] IRLR 233 CA
Databases:
Heinonline
Westlaw
LexisNexis
Question 1
Roscius Components Ltd produces advanced carbon fibre materials for the aerospace industry. The method by which layers of carbon fibre are “bonded” together to form a strong, light material is a secret process that Roscius has recently developed in its R & D division. The process is known only to Roscius and its development and production staff.
Roscius would like to insert a new clause into the contracts of employment of each of its staff (regardless of the Department in which they are employed) preventing them for one year after leaving Roscius from working in any capacity for any firm engaged in the design, manufacture of aerospace products anywhere in the world.
When it ordered each of its employees to accept the new term, twelve members of the of the design and production team refused.
One of them, Morwena, immediately resigned giving a month’s notice (even though her contract requires three months’ notice) whereupon Roscius placed her on ‘garden leave’ insisting that she remain employed for the full three months. Roscius wishes to do this because she intends to work for “Skyjet”, Roscius’ major UK competitor in carbon fibre aircraft production. Notwithstanding Roscius’ instructions to her to remain on garden leave for three months, Morwena commenced employment with Skyjet one month after leaving Roscius.
Advise Roscius
(i) whether it can fairly dismiss each of the remaining members of the design and production team who refuse to accept the proposed restraint clause;
(ii) whether the proposed clause is valid in law;
(iii) whether Roscius can obtain an injunction to prevent Morwena taking employment with Skyjet for what remains unexpired of the three month period.
Further Information
Referencing: Students must reference sources using the Oxford Standard for the Citation of Legal Authorities (OSCOLA). This can be found at http://www.competition-law.ox.ac.uk/published/oscola_2006.pdf. Reference should be made to the primary source, except when the primary source can no longer be obtained. Poor citation of sources will result in a loss of marks.
Presentation: Essays should be submitted in point 12 typeface. Lines should be 1.5 spaced and justified.
Plagiarism: Students are reminded of the need to avoid plagiarism. The University Regulations describe plagiarism as:
the incorporation by a student in work for assessment of material which is not their own, in the sense that all or a substantial part of the work has been copied without any adequate attempt at attribution, or has been incorporated as if it were the student’s own when in fact it is wholly or substantially the work of another person or persons.
Any student suspected of plagiarising will be referred to the Head of Department and an Academic Misconduct Hearing will be arranged. Students should ensure that all sources are fully cited in footnotes and in the bibliography and that indentation or quotation marks (as appropriate) are used when quoting. Students who fail to include a bibliography will be penalised.
All submissions are subject to checks by the University’s ‘Turn-It-In’ software.
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