12: Employment and other working relationships Flashcards
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
contract of service = between employee and employer
contract for services = between the independent contractor and business
what are contracts of service also called? (contract between an employee and the employer)
employment contract
what are the four factors when considering irreducible minima?
- mutuality of obligation
- wage
- personal service
- a sufficient degree of control
explain in as much detail what the integration test is
- 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
What are the written particulars of an employment contract? Describe as many as you can (11)
- 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
What doesn’t need to be in the written particulars but must be provided?
Disciplinary and grievance procedures
what is the statutory notice period?
1 week for each year worked, maximum of 12 weeks
under common law, it is an implied term that a contract of employment may be terminated on the giving of ____ notice
reasonable
can the giving of reasonable notice exceed the statutory notice period?
Yes
can the giving of reasonable notice be less than the statutory notice period?
no
if the contract of employment ends by mutual agreement, what is the separate contract the employee and employer enter into to separate?
compromise agreement
what are the 6 ways an employment contract can end, without breach of contract?
- by mutual agreement
- by lapse of time of contract
- by dismisall with cause
- by notice
- by frustration
- otherwise in accordance with its terms
there are two types of wrongful termination
- summary dismissal without cause
- constructive dismissal
what is constructive dismissal?
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.
an employee who has been wrongfully dismissed is entitled to ____
damages
will the remedy of ‘specific performance’ be given in the case of a breach of contract?
no, never.
unfair dismissal is under what act?
employment rights act 1996
wrongful dismissal is what?
when an employee’s employment contract comes to an end because of breach of contract by the employer
what are the automatic reasons under unfair dismissal?
- discrimination
- trade union membership
- compulsory retirement
- jury service
- pregnancy
when an employee wants to appeal for unfair dismissal, what body do they make a claim to?
Clue (ACAS)
Advisory, Conciliation and Aribitration Service
if it is found that the employee was unfairly dismissed, what three outcomes may be awarded to the employee?
re-instatement of the current job
re-engagement of a similar job with the same employer
compensation
what three types of compensation are there?
basic award
compensatory award
punitive additional award
which type of compensatory award is based off statutory redundancy pay?
basic award
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?
punitive additional award
is compensation for unfair dismissal taxed in the same way or normal income earnings?
no, taxed as termination payments
does an employee who has been made redundant also have a right to appeal for unfair dismissal?
yes, they can claim that they were unfairly picked for redundancy
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?
2 or more years continuous service
For employment tax purposes, is an office holder treated as an employee or not?
treated as an employee for employment tax purposes
