Chapter 6 Flashcards
Differentiate between employees and self employed contractors
Employees have general rights and liabilities but subcontractors have contractual rights and duties
Implications for employees
Employer is vicariously liable for wrongs committed by employees
Employer is responsible for tax deductions and NIC payments
Only employees can bring in claims for unfair and wrongful dismissal
Sub contractors are responsible for paying their own NIC and income tax
An employee ranks as a preferential creditor paid in priority to a self employed individual
Explain the three tests applied by the courts
Control - does the employer have control over the way in which the employee does their work?
Integration - the extent to which a person’s work is integrated into the employer’s business as a whole
Economic reality - how is the person paid and who beats the responsibility for the payment of income tax
Collective agreement
an agreement with the employee’s representatives that allows negotiations of terms and conditions
Terms in employment contract
Express terms: actually stated in the contract
Implied terms: has not been expressed in the agreement but has been implied
Terms implied by courts in individual cases: enable justice to be done
Collective implied terms: those negotiated on behalf of groups of employees by trade unions
Statutory terms: certain terms are automatically assumed to operate in every contract of employment through statutes
Three conditions which support the existence of a contract of employment
The individual provides his own skill and work in return for a wage
The individual agrees to a certain amount of control
The other provisions of the contract are consistent with its being a contract of service
Under the ERA an employer must provide a written statement of particulars made up of
A main document
And wider statement
Collective agreement
An agreement with employees representatives that allows negotiations of terms and conditions such as pay or working hours
Zero hours contract
A contract where employee agrees to be available if needed to perform work but the employer does not have to provide regular work
What does dismissal mean ?
The contract is terminated by the employer
The employee has been employed under a fixed term contract and the contract is renewed when the term ends
The employee terminates the contract by reason of the employer’s unfair conduct
Summary dismissal
Dismissal without notice by the employer
Constructive dismissal
Misconduct by the employer which forces the employee to resign
Wrongful dismissal
Dismissal by the employer in breach of the employees contract. They generally relate to claims that the employee was dismissed without proper notice
Unfair dismissal
Dismissal by the employer in breach of employment legislation and gives rise to statutory rights of action
Termination by employee
One week provided that at least ones month employment has been completed
