11b Contract of Employment Flashcards
What are examples of express terms within a contract of employment?
- Wages/pay rates
- Holiday entitlement
- Notice period
- Sick pay entitlement
- Hours of work
- Grievance/disciplinary procedures
What needs to be provided to an employee on or before their first day of employment?
Employment Rights Act 1996 requires them to provide a statement of certain particulars in writing.
Is the statement of particulars a contract?
No, but most of the time is within the employees contract of employment.
What are the implied duties of an employee?
Duty to
- Obey lawful and reasonable orders
- Give honest and faithful service
- Exercise reasonable care and skill
- Not misuse confidential information
- Give personal service (can’t delegate)
- Mutual cooperation (respect and consideration for eachother)
What are the implied duties of the employer?
Duty to:
- Pay reasonable remuneration.
- Indemnify the employee for incurred expenses.
- Take reasonable care for H&S of employees.
- Give reasonable notice of termination.
- Mutual cooperation.
- Provide work (or payment).
- Provide truthful references.
What are the implied terms of statue?
- Pay different genders the same amount for the same work or work of equal value (this also includes things such as sick pay and holiday).
- Ensure the health and safety of their workers re provision of equipment, storage, training and supervision and safe places.
- No discrimination
- Parental bereavement (2 weeks off following the death of a child).
What happens if an employer doesn’t abide by the Health and Safety at Work Act 1974?
Directors can go to prison for up to 2 years and or unlimited fine and the company will be subject to a fine.
What happens if either party want to terminate their employment contract?
Notice must be given by the party who wants to end the contract. Without giving notice, they can be sued for breach of contract.
Does a reason need to be given as to why a party wants to terminate their contract of employment?
No unless they have been working there for 2 years but if an employer ends it without reason they open themselves up to a claim for unfair dismissal.
What is minimum notice period if a party wants to end their contract of employment?
Normally an express term in their contract but minimum is:
- One week after a month.
- Two weeks after 2 years.
- An extra week is added per year of service until 12 weeks.
