12: Employment and other working relationships

Question 1

match the two contracts to the right workers

• contract of service
• contract for services
• between the employee and the employer
• between the independent contractor and the business

Answer 1

contract of service = between employee and employer

contract for services = between the independent contractor and business

Question 2

what are contracts of service also called? (contract between an employee and the employer)

Answer 2

employment contract

Question 3

what are the four factors when considering irreducible minima?

Answer 3

• mutuality of obligation
• wage
• personal service
• a sufficient degree of control

Question 4

explain in as much detail what the integration test is

Answer 4

• how far a person is integrated into the organisation
• rather than just being an accessory to it
• work practices, whether they are part of the company pension scheme, whether they are subject to diseplinary procedures etc

Question 5

What are the written particulars of an employment contract? Describe as many as you can (11)

Answer 5

• Name of employee and employer
• Date the employment begins
• Health and Safety information
• Holiday, holiday pay
• Remuneration
• Notice period required to terminate
• Period of employment
• Job title
• Place of work
• Collective agreements
• Currency of remuneration

Question 6

What doesn’t need to be in the written particulars but must be provided?

Answer 6

Disciplinary and grievance procedures

Question 7

what is the statutory notice period?

Answer 7

1 week for each year worked, maximum of 12 weeks

Question 8

under common law, it is an implied term that a contract of employment may be terminated on the giving of ____ notice

Answer 8

reasonable

Question 9

can the giving of reasonable notice exceed the statutory notice period?

Answer 9

Yes

Question 10

can the giving of reasonable notice be less than the statutory notice period?

Answer 10

no

Question 11

if the contract of employment ends by mutual agreement, what is the separate contract the employee and employer enter into to separate?

Answer 11

compromise agreement

Question 12

what are the 6 ways an employment contract can end, without breach of contract?

Answer 12

• by mutual agreement
• by lapse of time of contract
• by dismisall with cause
• by notice
• by frustration
• otherwise in accordance with its terms

Question 13

there are two types of wrongful termination

Answer 13

• summary dismissal without cause

- constructive dismissal

Question 14

what is constructive dismissal?

Answer 14

this is where an employee contract is terminated because changes in its terms made by the employer has forced the employee to not be able to work.

Question 15

an employee who has been wrongfully dismissed is entitled to ____

Answer 15

damages

Question 16

will the remedy of ‘specific performance’ be given in the case of a breach of contract?

Answer 16

no, never.

Question 17

unfair dismissal is under what act?

Answer 17

employment rights act 1996

Question 18

wrongful dismissal is what?

Answer 18

when an employee’s employment contract comes to an end because of breach of contract by the employer

Question 19

what are the automatic reasons under unfair dismissal?

Answer 19

• discrimination
• trade union membership
• compulsory retirement
• jury service
• pregnancy

Question 20

when an employee wants to appeal for unfair dismissal, what body do they make a claim to?

Clue (ACAS)

Answer 20

Advisory, Conciliation and Aribitration Service

Question 21

if it is found that the employee was unfairly dismissed, what three outcomes may be awarded to the employee?

Answer 21

re-instatement of the current job
re-engagement of a similar job with the same employer
compensation

Question 22

what three types of compensation are there?

Answer 22

basic award
compensatory award
punitive additional award

Question 23

which type of compensatory award is based off statutory redundancy pay?

Answer 23

basic award

Question 24

if it is found an employee was unfairly dismissed, but the employer will not comply with re-instatement or re-engagement, what compensatory award will they have to pay out?

Answer 24

punitive additional award

Question 25

is compensation for unfair dismissal taxed in the same way or normal income earnings?

Answer 25

no, taxed as termination payments

Question 26

does an employee who has been made redundant also have a right to appeal for unfair dismissal?

Answer 26

yes, they can claim that they were unfairly picked for redundancy

Question 27

a statutory redundancy payment must be made to employees, conditional to how long of a continued service they served at the company. what is this length?

Answer 27

2 or more years continuous service

Question 28

For employment tax purposes, is an office holder treated as an employee or not?

Answer 28

treated as an employee for employment tax purposes