11 - The Employment Relationship

Question 1

how is an employment contract regulated

Answer 1

no formalities required to form contract of employment
but employment rights act 1996 says a doc outlining wider terms of employment should be supplied within 2 months of commencement of employment

Question 2

what should be included in the written employment doc

Answer 2

• job title/description
• length of notice period
• names of both parties and commencement date
• rate/method of calculating pay
• frequency of payment
• holiday pay entitlement and rates
• hours of work

Question 3

which sources are used to cite the employment contract

Answer 3

1. statute = eg, equality act
2. common law = duties imposed on employees/employers
3. custom = eg deductions for poor workmanship
4. collective agreements = between employers and trade unions

Question 4

how are employers impacted by common law

Answer 4

• duty of trust and confidence
• to pay wages
• to identify employee
• to provide reasonable amount of work
• to provide health & safety of employee

Question 5

how are employers impacted by statute

Answer 5

• pay and equality
• provide itemised pay statements
• time off work; trade unions, maternity leave etc
• health and safety

Question 6

how are employees impacted by common law

Answer 6

• fundamental duty of honest/faithful service
• competence
• obedience of law
• account for monies/property
• care and skill
• mutual co-operation
• not to misuse confidential info
• personal service

Question 7

how can an employment relationship end without breaching the contract

Answer 7

• serving notice
• payment in lieu of notice
• expiry of a fixed term
• mutual agreement
• frustration

Question 8

what is the minimum notice period

Answer 8

length of service:
1 month - less than 2 years = at least 1 week
more than 2 years = 1 week for each year worked
12 years or more = min of 12 weeks

Question 9

what is dismissal

Answer 9

employer terminates employment relationship

Question 10

what is summary dismissal

Answer 10

when employee is sacked on the spot without any notice

Question 11

what is a constructive dismissal

Answer 11

occurs when an employee who has resigned is able to prove they did so under duress from their employee, and therefore was actually dismissed

eg,
- victimising / harassing staff
- making changes to location of work at short notice
- changing terms of contract without consultation

Question 12

what is wrongful dismissal

Answer 12

employee dismissed without justification, often when denied notice period

Question 13

what is justification for dismissal

Answer 13

• wilful disobedience of lawful order
• misconduct
• dishonesty, where employee in position of trust
• incompetence or neglect
• gross negligence
• immorality
• drunkenness

Question 14

what is unfair dismissal

Answer 14

statutory claim made by qualified employees who have been unfairly dismissed

Question 15

who are exempt from making claims against unfair dismissal

Answer 15

• someone without 2 years continuous service
• people working outside the UK
• employees dismissed for taking part in unofficial strike action
• excluded professions eg police

Question 16

when must a claim be made

Answer 16

must claim to Employment Tribunal (ET) within 3 months of dismissal

Question 17

how should the written disciplinary rules be written/dealt with

Answer 17

• be notified to all staff
• state what is acceptable/unacceptable
• what actions can happen if rules are broken
• state when staff may face disciplinary action
• provide name of someone to appeal to if they are unhappy with disciplinary decision
• provide examples of gross misconduct

Question 18

which areas should the disciplinary policy cover

Answer 18

• purpose/scope of policy
• disciplinary offences
• formal disciplinary hearing procedure
• what to expect at disciplinary hearing
• gross misconduct and summary dismissal
• appealing a decision

Question 19

what reasons justify redundancy

Answer 19

• if business terminates in general
• if business terminates in the department of the employee

Question 20

when it comes to redundancy claims:
1) what criteria must someone meet to claim
2) how do they lose the right to claim

Answer 20

1) :
- they were an employee
- two years continuous served

2) :
- they could be dismissed for misconduct
- an offer to renew their contract is unreasonably refused
- claim is made out of time - 6 months
- employee leaves before being made redundant, having been notified of risk

Question 21

what can the employee claim back after wrongful dismissal

Answer 21

• employment tribunal for claims up to 25k
• county or high court for claims over 25k

Question 22

which remedies does the tribunal have the power to award

Answer 22

• reinstatement, in same position
• re-engagement, reinstated in a different position
• compensation:
  1. basic award, linked to age and length of service
  2. compensatory award, for loss of wages
  3. additional award