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ICAEW Law 11: Employment, data protection and intellectual property law. > 11. The employment contract and implied terms within it. > Flashcards

11. The employment contract and implied terms within it. Flashcards

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1
Q

An employment contract (can / can not) be oral.

A

can

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2
Q

An employment contract (must / need not) be in writing.

A

need not

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3
Q

An employment contract is an A, SBC, made with ITCLR.

A

agreement, supported by consideration, made with the intention to create legal relations

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4
Q

A change in a employment contract can generally only be made with the consent of …

A

both parties

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5
Q

An express term allowing variation, such as a mobility clause, must be exercised …

A

reasonably and in good faith

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6
Q

At the beginning of an employment, the employer must provide the employee with a …

A

written statement of initial employment particulars

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7
Q

A statement of particulars (is /is not) an employment contract.

A

is not

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8
Q

Requirements for a statement of particulars: N*, D, CS, P, H, B, PP, TE, N

A

names

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9
Q

Requirements for a statement of particulars: N, D*, CS, P, H, B, PP, TE, N

A

dates

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10
Q

Requirements for a statement of particulars: N, D, CS*, P, H, B, PP, TE, N

A

continuous service

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11
Q

Requirements for a statement of particulars: N, D, CS, P*, H, B, PP, TE, N

A

pay

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12
Q

Requirements for a statement of particulars: N, D, CS, P, H*, B, PP, TE, N

A

holidays

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13
Q

Requirements for a statement of particulars: N, D, CS, P, H, B*, PP, TE, N

A

benefits

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14
Q

Requirements for a statement of particulars: N, D, CS, P, H, B, PP*, TE, N

A

probationary period

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15
Q

Requirements for a statement of particulars: N, D, CS, P, H, B, PP, TE*, N

A

training entitlement

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16
Q

Requirements for a statement of particulars: N, D, CS, P, H, B, PP, TE, N*

A

notice

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17
Q

If an employer fails to provide an employee with a statement of particulars, they may appeal to an employment tribunal for a … of what the terms should be.

A

declaration

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18
Q

Implied duties of an employee: F*, O, C, RCAS, PS, TAC

A

fidelity

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19
Q

Implied duties of an employee: F, O*, C, RCAS, PS, TAC

A

obedience

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20
Q

Implied duties of an employee: F, O, C*, RCAS, PS, TAC

A

confidentiality

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21
Q

Implied duties of an employee: F, O, C, RCAS*, PS, TAC

A

reasonable care and skill

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22
Q

Implied duties of an employee: F, O, C, RCAS, PS*, TAC

A

personal service

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23
Q

Implied duties of an employee: F, O, C, RCAS, PS, TAC*

A

trust and confidence

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24
Q

An employee working for a competitor would be in breach of the implied term of … within their employment contract.

A

fidelity

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25
Q

An employee accepting bribes or commissions to the detriment of their employer would be in breach of the implied term of … within their employment contract.

A

fidelity

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26
Q

An employee refusing to perform a reasonable, lawful act within their agreed duties would be in breach of their implied duty of …

A

obedience

27
Q

An employee disclosing information, including patents and trademarks to which they have contributed during their employment, would be in breach of their implied duty of …

A

confidentiality

28
Q

An employee being careless or reckless with their work would be in breach of their implied duty to exercise …

A

reasonable care and skill

29
Q

An employee attempting to send a substitute without permission to do their work for them would be in breach of the implied duty of …

A

personal service

30
Q

An employee making ujustifiable complaints about their employer would be in breach of the implied term of …

A

mututal trust and confidence

31
Q

Implied duties of an employer: RR* (CPN), I, HaS, PoW, AR (IG), C, TAC

A

reasonable remuneration

32
Q

Implied duties of an employer: RR, I*, HaS, PoW, AR (IG), C, TAC

A

indemnity

33
Q

Implied duties of an employer: RR, I, HaS*, PoW, AR (IG), C, TAC

A

health and safety

34
Q

Implied duties of an employer: RR, I, HaS, PoW*, AR (IG), C, TAC

A

provision of work

35
Q

Implied duties of an employer: RR, I, HaS, PoW, AR (IG)*, C, TAC

A

accurate reference (if given)

36
Q

Implied duties of an employer: RR, I, HaS, PoW, AR (IG), C*, TAC

A

confidentiality

37
Q

Implied duties of an employer: RR, I, HaS, PoW, AR (IG), C, TAC*

A

trust and confidence

38
Q

An employer attempting to force an employee to take sole responsibility for a tortious act committed in the course of their employment would be in breach of their implied duty of …

A

indemnity

39
Q

An employer attempting to compel their employee to accept unreasonable risks outside the terms of their employment is in breach of their implied duties regarding …

A

health and safety

40
Q

An employer who keeps employees idle without pay is in breach of their implied duty to …

A

provide work

41
Q

An employer (can / can not) be compelled to provide a reference.

A

can not

42
Q

Information unknown to an employee, for example customer complaints, (can / can not) be disclosed in any reference given by an employer.

A

can not

43
Q

If an employer provides a reference, they must exercsise … in doing so in order that the information within it is accurate and gives a fair impression of the employee.

A

reasonable care and skill

44
Q

If an employer provides a reference, they must exercsise reasonable care and skill in doing so in order that the information within it is … and gives a fair impression of the employee.

A

accurate

45
Q

If an employer provides a reference, they must exercsise reasonable care and skill in doing so in order that the information within it is accurate and gives a … of the employee.

A

fair impression

46
Q

An employer disclosing information about their employee to third parties without permission is in breach of their implied duty of …

A

confidentiality

47
Q

An employer conducting their business in a disreputable fashion, for example deliberately paying suppliers late, is in breach of their duty to maintain … with their employees.

A

mutual trust and confidence

48
Q

There (is / is not) an implied duty for an employer to protect an employee’s property.

A

is not

49
Q

If a breach of a legal duty surrounding employment is important enough, the injured party may … and sue for damages.

A

treat the contract as discharged

50
Q

If a breach of a legal duty surrounding employment is important enough, the injured party may treat the contract as discharged and …

A

sue for damages

51
Q

Employees doing ‘…’ must receive the same remuneration.

A

equal work of equal value

52
Q

Areas in which statute implies terms into employment contracts:

P*, HaS, D, PR, NP, R

A

pay

53
Q

Areas in which statute implies terms into employment contracts:

P, HaS*, D, PR, NP, R

A

health and safety

54
Q

Areas in which statute implies terms into employment contracts:

P, HaS, D*, PR, NP, R

A

discrimination

55
Q

Areas in which statute implies terms into employment contracts:

P, HaS, D, PR*, NP, R

A

parental rights

56
Q

Areas in which statute implies terms into employment contracts:

P, HaS, D, PR, NP*, R

A

notice periods

57
Q

Areas in which statute implies terms into employment contracts:

P, HaS, D, PR, NP, R*

A

redundancy

58
Q

Common law requires that employment contracts are terminated with … notice.

A

reasonable

59
Q

An employee with service of up to … is entitled to a statutory notice period of not less than 1 week.

A

2 years

60
Q

An employee with service of up to 2 years is entitled to a statutory notice period of not less than …

A

1 week

61
Q

An employee with service in excess of 2 years is entitled to a statutory notice period of not less than … per year of continuous employment, up to a maximum of 12 weeks.

A

1 week

62
Q

An employee with service in excess of 2 years is entitled to a statutory notice period of not less than 1 week per year of …, up to a maximum of 12 weeks.

A

continuous employment

63
Q

An employee with service in excess of 2 years is entitled to a statutory notice period of not less than 1 week per year of continuous employment, up to a maximum of …

A

12 weeks

64
Q

Implied duties of an employer: RR (CPN*), I, HaS, PoW, AR (IG), C, TAC

A

contractual provisions notwithstanding

ICAEW Law 11: Employment, data protection and intellectual property law. (7 decks)

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