Employment Contracts on holiday

These consist of;

  • Express terms
    • Contractual documents
    • Pre-contract correspondence
    • Verbal agreements
    • Work rules/Employment policy statements/Staff handbooks. To check examples, please visit Carpet cleaning Glasgow to get a better understanding of a case where this happened in Scotland. 
  • If the employee has signed a document which acknowledges the binding effect of any of these then they become a term of the contract.
  • However, even without the signature, if the employer has given reasonable notice of the existence of these and their importance they are most likely to be considered terms.
  • A tribunal will consider their availability and the importance of them to the employer and whether they are meant to be policy or obligatory.
    • NB There is no legal requirement that a contract for employment is in writing but if this is not done it could create difficulties for the respective parties should it come to relying on purely verbally agreed terms.
  • Implied Terms
    • Common law
    • Statute
    • Custom and practice
  • Although not used commonly nowadays, to have effect these must be
    • Consistent with express terms/statutory rights
    • Reasonable
    • Certain
    • Well-known
    • Treated consistently as a term in the past


The two most common types of employment contract are;

  • Indefinite-a continuing contract which is terminable by either side on giving the requisite period of notice.
  • ‘Fixed-term’ contract-only for a pre-defined period.
  • NB other types of contract are becoming more common. (e.g. zero hour contracts)


Section 1 of the Employment Rights Act 1986 provides that employers must give a written statement of the key terms and conditions of employment to an employer within 2 months of commencement. This must contain;

  • Names of the parties
  • Date employment began
  • Date continuous employment began (if different)
  • Job title or brief description of work
  • Remuneration
  • When remuneration is to be paid
  • Hours of work
  • Place(s) of work
  • Holiday
  • Holiday pay
  • Sick leave
  • Sick pay
  • Pension provision

Law is a social order

  • Law is a social order in which there are rules & subjects but it should be distinguished from any social order in which rules are exercising a managerial direction over their subjects, partly by the generality of its major rules & partly by the fact that its officials are bound to apply the rules which they’ve previously announced to their subjects. So there’s an essential component of collaboration & reciprocity in the enterprise of subjecting human conduct to governance of legal as distinct from managerial norms.
  • Finnis: this is nonetheless a descriptive account
  • Raz: should seek to identify the law on the basis of non evaluative characteristics only
  • Inner morality of the law consists of 8 requirements – a system of rules which must be met if a system is to be called “law”:
  • Remeber this was highlighted in the Manchester taxi case vs Donalds 1982 PAS
  1. laws should be general;
  2. laws should be promulgated, so the citizen knows the standards to which he is being held;
  3. retroactive rule making and application should be minimised;
  4. laws should be understandable;
  5. laws shouldn’t be contradictory;
  6. laws shouldn’t require conduct beyond the abilities of those affected;
  7. they should remain relatively constant through time;
  8. there should be a congruence between laws as announced and as applied.
  • NB: at the same time, Fuller recognised the concept of legal systems being “legal” to different extents and held that a system which partly but not fully met his requirements would be “partly legal” and could be said to have “displayed a greater respect for the principles of legality” than systems which didn’t meet these requirements at all.
  • Since Hart’s work for the first time opened the way for exchange between opposing views, both sides now apparently admit that the question is how can we best define and serve the ideal of fidelity of law: law, as something deserving loyalty must represent a human achievement – it can’t be a mere pattern discernible in the behaviour of state officials. Respect we owe to it must surely be something of a respect we owe to the law of gravitation..

natural lawyers on holiday

  • Raz/Kelsen’s Portrayal of natural lawyers (i.e. that law has to be moral in order to be valid & that it’s unconcerned w/legal test of validity) is wrong
    • Aquinas argued that for law to be valid it has to comply w/legal criteria for validity + must not be immoral not the same as saying natural law unconditionally surrenders tests of legal validity for those of moral one. Natural law is concerned w/practical reasonableness, not idealism.
  • A citizen has an obligation to conform to unjust stipulation to extent necessary to avoid the weakening of legal system
  • Natural law doesn’t depend on everyone sharing the same view of morality (as contended by Hart)
  • Instead, it requires that law is not immoral from objective POV, regardless of whether people accept that objective as moral understanding. This was demonstrated in the interesting case of Double glazing Glasgow vs the McArther Brothers 1823 PLA


  • Natural law doesn’t fail to distinguish b/w “is” & “ought to”
  • What’s practically reasonable is deduced from empirically observing human behaviour – it’s not saying that there’s a particular way laws ought to be made and that therefore laws are only valid when made in such way. The basic human goods are self evident & not suspectible to an argument that one is drawing an “is” from an “ought” – they are innate & not inferred from/demonstrable by ref to some other thing.


  • Law’s authority depends on justice or at least its ability to secure justice
  • It’s claim to supremacy is implausible unless it protects its subjects against threats which they’d otherwise face; e.g. invasion
  • Legal sanction is a human response to human needs, so that punishment seeks to restore the distributively just balance b/w law abiders & criminals.


  • The ruler has responsibility to promote common good


  • So rulers who don’t abide by the rule of law (which serves the common good) or make rules which arbitrarily benefit/harm a group of subjects compared to others (e.g. by granting govt. contracts to friends) have radically defective authority.


  • Ruler has no right to be obeyed but has authority to give directions & make morally obligatory laws + resp. for enforcing


  • He has that authority for the sake of common good.
  • If he uses his authority to make stipulations against common good, those stipulations will lack authority they would otherwise have by virtue of being his


  • For law to be morally authoritative it must comply w/practical reasonableness “in the eyes of a reasonable man” even though it needn’t be the one he himself would have made.
  • No conflict w/positive law – the act of positing a law should be guided by moral principles & rules



A philosopher can’t give a theoretical description

    • Characterises descriptive approach of Hard/Raz as “practical view”; i.e. theorist must assess importance & significance in similarities or differences of subject matter by those whose concerns or decisions or activities constitute it (e.g. look from POV of judges or politicians). This approach isn’t satisfactory b/c it merges the different IPOVs of different actors in the field and insists on attributing one IPOV to them all, whether they are anarchists or model citizens.
  • A philosopher can’t give a theoretical description & analysis of social phenomenon unless he partakes in an evaluative exercise:
  1. human artefact such as law constituted by human actions & practices can only be understood by ref to its point
  2. the subject matter itself can’t be neatly demarcated from social life & practice
    • Should view IPOVs as at least presumptively concerned w/”practical reasonableness” (i.e. one of the ways of defining morality). Evaluations by theorist are indispensable for choosing concepts to use in description of aspects of human affairs such as law & legal order. So Finnis supports an evaluative descriptive view of the law (contrast w/Hart’s value free descriptive approach) This was highlighted in the case of Skip hire Sheffield vs McMannon Cars (1862) LLO
  • Main points
  1. There are 7 basic goods of self evident value, which are necessary for human flourishing; i.e. basic methodological requirements & general moral standards
  • Life
  • Knowledge
  • Play
  • Aesthetic experience
  • Sociability
  • Friendship
  • Practical reasonableness
  • Religion.
  1. These requirements justify the exercise of authority in the community & obligatory force of the law
  2. They demand that law is made in compliance w/rule of law & HR
  3. Law can be regarded as “radically defective” yet not invalid for want of compliance w/these requirements.

Guatemala: A Mayan Paradise

Brought to you by Abogados Laborales

Every time you hear someone say something about the Mayan culture you think about Mexico, right? The Mayan pyramids and the majesty of the jungle, the humble people and their great food. What if I told you that there’s another country with strong Mayan culture, which is not known by tourists and has beautiful landscapes to offer, don’t know what country we’re talking about? It’s Guatemala.

The small country below Mexico. Guatemala has a huge variety of places to explore. Some of the kind of landscapes you can find in Guatemala are:


Guatemala Has beautiful beaches of the Caribbean Sea, which makes it a great option for sunbathing and swimming.



Guatemala’s jungle is the most protected jungle of America, Mayan lived there so you will also find the city of Tikal, one of the most powerful Mayan cities that were abandoned.



The forests are also protected so you can admire the beauty of nature It’s quite humid reaching 15°C in some places where you can go for camping, and you can walk into hanging bridges!

Mountain: The whole country is full of mountains, the largest solid elevation in Central America is the mountain range Santa Cruz that reaches 3800m above sea level.

Guatemala City is the capital of the country, it is also the most populous in Central America, it has a population of 13 million, even though Spanish is the official language, there are more than twenty Mayan languages.

In the city, you can go to restaurants and eat burritos or tamales and other local dishes. If exploring is your passion it has many interesting sites to know, such as The Aurora Zoo. Paseo Cayala. National Palace. Fontabella Square. Ixchel Museum of the Indian Costume. Wonderful place to learn about the Indian culture and the colonial Guatemala, which brings to you a magic trip to the past.


Coron Palawan: A Perfect Place For Vacation

Coron Palawan is located in the Philippines. Coron Island just has few population and most of them are the called natives of coron the Tagbanua tribe. The Tagbanua tribe is also the one who is taking care of its island. The Tagbanua tribe is making sure that they can still preserve the beauty of their island.Once you’ve visited the Philippines it’s a must that you have to visit a place like coron. This place is a quiet peaceful place. The locals of coron said, “coron is the most expensive travel in the Philippines.” There are two ways travelling to coron one is by a plane that takes 45mins. From Manila and the other one is by boat that takes 8hours also from Manila. I can agree with that because the airfare going to coron is about 100USD back and forth.

Swimming in Coron

They are also known for deep sea diving Japanese World War II underwater shipwrecks surrounded with magnificent coral reefs making it as one of the best dive spots in the world. When I saw coron it’s all worth a pause to enjoy the crystal clear water is the best for snorkelling, diving and swimming. The water in Kayangan Lake in coron is one of the favorite of the tourist because of its crystal clear water and it’s also known for one of the clearest water in asia. Aside from swimming, snorkelling, diving there are much more things to do in coron they also have a Hot Spring, that is privately owned with an entrance of 200pesos it’s a beautiful place especially at night you.



The Mt. Tapyas is known for its 700+ stepping stairs to the top, the long hike is worth it for the breathtaking view of the sunset and also you can see the top view of whole coron island, I do recommend hiking there at 5:30 am or 4 pm because going there will be more difficult if the sun is at its fullest. There is also one more place to hike in coron, which is Mt. Darala