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ID number:813641
Evaluation:
Published: 03.06.2003.
Language: English
Level: Secondary school
Literature: n/a
References: Not used
Extract

If the web designer decides to change company and go with Windex Ltd then this will be breach of contract under English law. In the case of Hochster v. De la Tour (1953), where the defendant agreed in April to employ the plaintiff as a courier commencing June. In May, the defendant informed the plaintiff that he no longer required his services. The plaintiff action for damages succeeded. There is an implied term in employment contracts that an employee must render faithful service during his or her employment.
If an employee is in breach of his contract (including breach of an implied term) the employer may so him/her to recover losses.
Under English law a duty of an employee is to give an honest and faithful service, which includes to not compete with his employers business. The employee may do other work in his own time. However this law imposes a duty not to do spare time work which competes with his employer and may cause him damage. This means that the web designer cannot work for Windex in his spare time either as they are a competitor of Suncosta.
Also an employee has a duty to obey lawful and reasonable orders, however the order must be lawful. The employee does not have to obey an order which would leave to a criminal offence. In the case of Gregory v Ford (1951) an employee refused to drive a vehicle which was not covered by third party insurance. It was held that the employee was not breach of duty.
Therefore the web designer could refuse to carry on working for Suncosta saying that the certain orders that Sue is asking him to is not lawful e.g. breaching copyright.

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