Effective loyalty clauses
Article Abstract:
There is current interest in UK employment contract terms which prevent an employee from working for competitors and control the release of confidential information. The implied duty of fidelity binds the employee to operate in the employer's best interest and it operates 24 hours a day. Fidelity prevents the employee from using information collected during their employment for their own or anyone else's benefit. A duty of confidentiality deals with information and exists as long as the information is not generally available. The employee must be made aware that information is confidential. Confidentiality can only be breached if it can be proven to be in the public's best interest. Employment restriction clauses are void if they are found to be in restraint of trade. Employers can have agreements not to hire each others' employees, but these are restrictive by nature and can be declared void for a number of reasons. The most popular contracts feature post-employment confidentiality clauses with a supporting restraint clause.
Publication Name: Personnel Management
Subject: Human resources and labor relations
ISSN: 0031-5761
Year: 1988
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New legislation on medical records
Article Abstract:
New regulations under the Access to Medical Reports Act of 1988 effect employers and employees' rights to access medical records. Under the Act individuals have to be told in writing if a report has been requested, and they have to give prior consent before reports can be released. Only medical reports prepared by a medical practitioner for employment and insurance purposes are covered by the Act. Purely diagnostic reports, such as AIDS tests, are not covered by the Act unless they include any treatment for the diagnosed conditions. Under the Act, medical practitioners have the right to refuse to release reports to patients if they feel it would cause serious harm to the patients.
Publication Name: Personnel Management
Subject: Human resources and labor relations
ISSN: 0031-5761
Year: 1989
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Better late than never?
Article Abstract:
Employees run the risk of serious contractual breach of duties when the length or difficulty of journey to work is the cause of their tardiness. Breach of duty results in nonentitlement to wages and places the problem of showing a basis for entitlement on the employees. Situations wherein employers' are unable to provide work are discussed on the grounds of temporary frustration. Legal aspects of providing alternative transport are also examined. Specific cases of breach of contract are cited.
Publication Name: Personnel Management
Subject: Human resources and labor relations
ISSN: 0031-5761
Year: 1992
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