Chapter 12: Employment Law

Question 1

What 3 conditions need to be met if employment relationship exists

Answer 1

All of these need to be met:

Agreement of work, Element of control by employer, mutuality of obligation (provide/perform)

Question 2

What are implied terms for employees

Answer 2

Obey orders, provide honest service (not work for competitor), reasonable care and skill

Question 3

What are terms implied to employers

Answer 3

Reasonable pay, safety (breach= 2yrs), notice of termination, provide work

Question 4

How is notice period calculated

Answer 4

Express term
up to 2 years= 1 week minimum
2-12 years= one week for each year
12+ years= 12 weeks

Question 5

Who can claim unfair dimissal

Answer 5

must have worked for over 2 years except those working abroad or dismissed during unofficial strikes.

Question 6

What is the deadline for unfair dismissal

Answer 6

Claim made within 3 months of termination date

Question 7

What is constructive dismissal

Answer 7

Unbearable employer conduct forces employee to quit- staying too long can void claim

Question 8

What can unfair dismissal lead to

Answer 8

Reinstatement, Re-engagement, Compensation

1. return to first job
2. given new job with comparable terms
3. money

Question 9

What is wrongful dismissal and what is remedy

Answer 9

When employee dismissed in breach of contract

e.g. summary dismissal= termination without notice)

remedy= damages on loss of earning

Question 10

Who can claim redundancy

Answer 10

Employed min 2 years, apply to employment tribunal within 6 months of dismissal, proof laid off for at least 4 weeks unpaid