6. The Law of Employment Flashcards
How soon after the commencement of employment should the main terms of contract be supplied to the employee?
Two months
What are the 4 core categories of common law duties of the employer?
- Care/safety of the employee
- Pay and expenses
- Selecting competent fellow workers
- Provide work referenced to
What are the 3 core categories of common law duties of the employee?
- Not to compete
- Competence and obedience
- Not to delegate without permission
What are the 6 core categories of statuary duties of the employer?
- Minimum wage
- Itemised payslip
- Statutory sick pay
- Statutory maternity/paternity pay
- Compliance with working hours and holiday laws
- Paid time off for baby and trade related occasions
What does the Health and Safety at Work Act (1974) state?
It is the duty of employers to ensure the health, safety and welfare of employees
What are the 3 orders that a healthy and safety inspector can issue?
- Improvement order
- Prohibition order
- Criminal action
What is the minimum notice of termination of employment for both employer and employee?
Employer to employee - one week for every year of service up to 12 years
Employee to employer - one week
What is wrongful dismissal?
If an employer breaches the contract e.g. dismisses the employee without sufficient notice
What is the minimum employment period for wrongful dismissal?
There is none
What can the employee claim for under wrongful dismissal?
Damages
What is the minimum employment period for unfair dismissal?
24 months employment or none if in an automatically unfair category
What are the 5 main categories of fair dismissal?
- Lack of capability of qualifications
- Misconduct or theft
- Redundancy
- Statutory restrictions
- Following fairly applied grievance or disciplinary procedure
What are the main 7 automatically unfair reasons for dismissal?
- Compulsory retirement
- Jury service/trade union activities
- Averting danger or blowing the whistle
- Pregnancy/maternity
- Spent criminal convictions
- Being part time or fixed term
- Discrimination
What are the 4 exclusions from protection under unfair dismissal legislation?
- Employed <24 months (unless automatically unfair)
- Failing to apply to an employment tribunal within 3 months
- Those working outside of the UK
- Unofficial strikers
What are the 4 remedies for unfair dismissal?
- Conciliation
- Reinstatement
- Re-engagement
- Compensation (Basic, Compensatory or Punitive)
What is redunancy?
A dismissal when the employer has ceased or intends to cease carrying on business, or the requirements of an employees role have ceased or dismissed
If alternative employment is offered to a redundant employee, how long is the trial period during which either party can terminate the new contract for it to be termed redundancy?
4 weeks
What are the 3 conditions for an employee to qualify for redundancy?
- Having been employed continuously for at least 2 years since turning 18
- Having been dismissed
- Dismissal being due to redundancy
What 3 elements are taken into consideration when calculating redundancy pay?
- Age
- Weekly pay
- Length of service
Who would an employee take a dismissal dispute to?
An Employment Tribunal
What is constructive dismissal?
When an employee may feel they have no option but to resign because of their treatment by their employer (can claim for unfair dismissal)
What is summary dismissal?
When an employer feels they have no option but to dismiss someone on the spot due to gross misconduct, paying only amounts due to date
What is a qualifying disclosure (in relation to whistleblowers)?
The whistleblower must reasonably believe that malpractice is present or will occur
What is a protected disclosure (in relation to whistleblowers)?
A disclosure which is made in good faith, believing the information is true and is made to the right person
What are the three phases of money laundering?
- Placement
- Layering
- Integration
What is the name of the report that the MLRO makes to the NCA when money laundering is reasonably suspected?
A Suspicious Activity Report
What are the 8 core principles that apply to data protection?
Data must be…
- Processed fairly and lawfully
- Obtained for specific and lawful purposes
- Adequate, relevant and not excessive
- Accurate and up to date
- Kept no longer than necessary
- Processed in accordance with subject’s rights
- Kept secure
- Not transferred abroad without protection
