The paper "The Key Aspects of Legal Framework in Employment" is an amazing example of a Human Recourse assignment. Based on Angela’ s employment contract, the first clause states that Angela has to ensure that within the first six months after the contract has been terminated, an employee must not engage in a rival business of making cakes. The act of Angela opting to move out illustrates that she is able to set up a similar business because she knows the activities that take place in the business such as the recipes used in the production of cakes.
During her employment period, she is permitted to use the recipe for Black Forest cake which is produced at Stella’ s business. This is because she is an employee of the company and is allowed to discharge the duties of the company. However, when her contract is terminated, she ceases to have the authority to use the services of the company and is not allowed to use the recipe in the making of similar products. This is because; the person who has the authority to use the recipe is Stella based on the fact that Angela learned about the recipe from her company while she was employed there. Based on the nature of the first clause of the contract, when a period of six months has elapsed and Angela is still not employed by Coffee and cakes limited, Angela is permitted to use the recipe because it shall be assumed that she has not copied the recipe from Stella.
This is because, during that period, it will be assumed that she has learned about the recipe elsewhere during the six months that she was not employed by Coffee and Cakes Limited.
This is only applicable is she applies a similar procedure in the making of cakes in another location after six months have elapsed. However, if she uses the recipe in the first six months, she will be assumed to have breached this clause of the contract and Stella has the right to take legal action against her. The possibility of using the recipe to produce similar products in a rival business is also opposed by clause (b) of the employment contract that Angela and Stella wrote when Angela.
Barrett, B., & Howells, R. 2000. Occupational health and safety law: Text and materials.
Campbell, J., & Patrick, S. 2003. GCSE citizenship studies for AQA. Oxford: Heinemann.
Chandler, P., & Waud, C. 2003. Waud's employment law: The practical guide for human
resource managers, trade union officials, employers, employees and lawyers. London:
Dimond, B. C. 2010. Legal Aspects of Occupational Therapy. New York, NY: John Wiley &
Emir, A., & Selwyn, N. M. 2014. Selwyn's law of employment.
Hardy, S. 2011. Labour law in Great Britain. Alphen aan den Rijn: Kluwer Law International.
Kew, J., Stredwick, J., & Chartered Institute of Personnel and Development. 2008.Business
environment: Managing in a strategic context. London: Chartered Institute of Personnel
Kloss, D. 2013. Occupational Health Law. New York, NY: John Wiley & Sons.
Mernagh-Ward, D., & Cartwright, J. 1997. Good practice in salon management. Cheltenham: