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Law > Chapter 12 - Employment law > Flashcards

Chapter 12 - Employment law Flashcards

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1
Q

What is a contract of service?

A

contract of employment, expressed/implied orally/in writing

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2
Q

What is a contract for services?

A

Self employed

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3
Q

What’s the min to create an employment situation?

A

Personal service, control and mutuality of obligations

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4
Q

Can an employee claim for wrongful dismissal?

A

Yes

Self employed contractor can’t

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5
Q

What protections do employees get from legislation?

A

Notice periods

Statutory redundancy payments

Remedies for unfair dismissal

Health and safety protection

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6
Q

Under common law, what implied duties does an employee have?

A

Fidelity

Obey lawful and reasonable orders

Not to misuse confidential info

Exercise reasonable care and skill

Personal service

Trust and confidence

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7
Q

Under common law, what are the implied duties of an employer?

A

Pay a reasonable remuneration

Health and safety

Indemnify employees

Provide work

Provide accurate reference

Not to disclose confidential info

Maintain mutual trust and confidence

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8
Q

What is the statutory min notice period for for continuous employment between 1 month and 2 years?

A

Not less than 1 week

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9
Q

What is the statutory min notice period for for continuous employment between 2 and 12 years?

A

Not less than 1 week per year of continuous employment

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10
Q

What is the statutory min notice period for for continuous employment more than 12 years?

A

Not less than 12 weeks

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11
Q

What are the principal duties for employers implied by statute?

A

Pay
Health and safety
No discrimination
Parental bereavement leave

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12
Q

How long must an employee be continuously employed to claim for unfair dismissal?

A

2 years min

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13
Q

How long does an employee have to make a claim to an employment tribunal?

A

Within 3 months of termination date

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14
Q

When does constructive dismissal occur?

A

Employer repudiates some essential term of the contract

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15
Q

What happens if an employee resigns?

A

Contract frustrated

No unfair dismissal

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16
Q

What are some automatically unfair reasons for dismissal?

A

Pregnancy

Spent conviction under Rehab of Offenders Act 1974

Trade union membership

Transfer of an undertaking

Self-defence

Seeking to enforce statutory rights

Making a disclosure under public inresest disclosure act 1998

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17
Q

What are potentially fair reasons for dismissal?

A

Capability/qualifications
Employee misconduct
Redundancy
Statutory restriction

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18
Q

What are the remedies for unfair dismissal?

A

Reinstatement
Re-engagement
Compensation

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19
Q

When does wrongful dismissal occur?

A

Employer dismisses employee in breach of employment contract or with less notice than required

20
Q

Where might wrongful dismissal cases be brought?

A

Award for damages exceeds statutory max compensation from unfair dismissal

After 3 months to make claim for unfair dismissal has elapsed

Wrongful dismissal can be brought within 6 years of breach

21
Q

What does summary dismissal mean?

A

Dismissal with no or insufficient notice

22
Q

When is an employer justified in dismissing and employee summarily?

A

refusal to obey lawful and reasonable orders

Gross misconduct

Dishonesty

Gross/persistent negligence

Breach of contract

23
Q

What is the remedy for wrongful dismissal?

A

Employee claim for damages based on loss of earnings

24
Q

How is redundancy pay calculated?

A

According to age and length of service, same as unfair dismissal

25
Q

What are the conditions to be entitled to redundancy pay?

A

Continuously employed for min 2 years

Must show dismissed for redundancy/laid off/kept on short for 4+ consecutive weeks or 6/13 weeks

26
Q

What does laid off mean?

A

Week in which individual earns nothing

27
Q

What does kept on short time mean?

A

Week in which earn less than half normal pay

28
Q

What are the conditions to be classified as a worker?

A

Fall short of being an employee but provide work for an organisation so self-employed

29
Q

What protection do workers get?

A

Min wage

Min amount of paid leave

30
Q

What is the Uber case?

A

Those in gig economy can be workers

31
Q

When must an employer provide a written statement of employment particulars to an employee (in
the absence of an employment contract)?

A

On or before the day employment commences

32
Q

Do an employee’s implied duties under the common law cease when their employment ceases?

A

No, duty not to misuse
confidential information may continue after that time

33
Q

Is assessing employees on an annual basis an implied duty of an employer?

A

Yes

34
Q

Does an employer owes a common law duty to provide an accurate and fair reference for their employee
on termination of their employment.

A

No

Employee should be the one making sure reference is accurate and fair

35
Q

Who is responsible if an accident occurs due to negligence?

A

The company and any director or other officer who consents to or is responsible for the commission
of the offence may be liable to an unlimited fine and up to two years’ imprisonment.

36
Q

Is dismissal at retirement age a fair dismissal?

A

Yes, if it is shown to be proportionate
and objectively justifiable in order to constitute “some other substantial reason” for the dismissal.

37
Q

Does an employee have a statutory right not to be unfairly dismissed under the Employment Rights Act 1996.

A

No

38
Q

Can an employee who does not comply with the Acas Code of Practice may have their claim reduced by up to 50%?

A

No, claim may be reduced by 25%

39
Q

Is an employee required to show a qualifying period of continuous employment if the principal
reason for their dismissal is that they have made a protected disclosure?

A

Yes

40
Q

Under the Employment Rights Act 1996 can a compensatory award for unfair dismissal be reduced where the employee fails to mitigate their loss?

A

Yes

41
Q

Is use of the terms employee and employer conclusive proof that a contract of employment exists?

A

No

42
Q

Does the notice period of termination have to be included in the written statement of prescribed particulars?

A

No, can be separate doc

43
Q

Within what time period, following the relevant date of dismissal by reason of redundancy must a claim for a statutory redundancy payment in accordance with the Employment Rights Act
1996 be brought?

A

6 months

44
Q

How are employees paid?

A

Net of income tax and national insurance contributions.

45
Q

Can employers ever avoid liability if they commit discrimination?

A

Yes, but only if the discrimination is a proportionate means of achieving a legitimate aim.

Law (13 decks)

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