Employment Flashcards

1
Q

What does the Employee Rights Act cover?

A
  • getting the National Minimum Wage
  • protection against unlawful deductions from wages
  • the statutory minimum level of paid holiday
  • the statutory minimum length of rest breaks
  • not to work more than 48 hours on average per week or to opt out of this right if they choose
  • protection against unlawful discrimination
  • protection for ‘whistleblowing’ - reporting wrongdoing in the workplace
  • statutory Sick Pay
  • statutory maternity, paternity, adoption and shared parental leave and pay
  • minimum notice periods if their employment will be ending
  • the right to request flexible working
  • time off for emergencies
  • statutory Redundancy Pay
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2
Q

What is the difference between a written statement and a contract?

A

a written statement is a minimum statement/conditions of employment
- are the main terms

a contract is more detailed document that will define a more stringent set of expectations on the employee and obligations on the employer.

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3
Q

What are the different parts of a contract? What are they known as?

A

1 - employment conditions
2 - rights
3 - responsibilities
4 - duties

these are known as the terms of the contract
- legally binding agreement

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4
Q

What are the different forms a contract could be in?

A
in a written contract
verbally agreed
in employee handbook
in offer letter
required by law 
- e.g min wage
collective agreements 
- e.g. negotiated agreements between employers and trade unions
implied terms 
- automatically part of a contract even if they are not written down
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5
Q

What is a written statement?

A

a written statement is a minimum statement/conditions of employment
- employer must provide the principal statement on the first day of employment.

document must contain a summary of the main terms of employment such as pay and working hours.

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6
Q

What do employees have a right to in regards to dismissal?

A

employees have a statutory right to:

  • a minimum notice period on termination
  • protection against unfair dismissal
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7
Q

What are the methods of termination of a contract?

A

1 - resignation

2 - mutual agreement
= this is where both the employer and the employee agree to end the contract

3 - expiry of fixed term contract without renewal
= either party can terminate the employment contract by giving the other side the period of notice stated in the contract.

4 - dismissal on notice
= either party can terminate the employment contract by giving the other side the period of notice stated in the contract.

5 - summary dismissal
= the word ‘summary’ means without notice (for gross misconduct)

6 - constructive dismissal
= this is when the employer has committed a serious breach of contract, which allows the employee to resign and claim dismissal
e.g. harassing or bullying or give an excessive workload so they’ll fail due to stress

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8
Q

What are the types of dismissal?

A

fair dismissal
constructive dismissal
unfair dismissal
wrongful dismissal

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9
Q

What is fair dismissal?

A

employer must have a valid reason for dismissing an employee such as:

  • their capability or conduct
  • redundancy (you no longer need anyone to do their job)
    = e.g. changing location or closing down, doing things in a different way, for example using new machinery.
  • something that prevents them from legally being able to do their job
    = e.g. a driver losing their driving licence
  • there could be other fair reasons too
    = these are sometimes called ‘other substantial reasons’.
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10
Q

What is wrongful dismissal?

A

wrongful dismissal is a breach of contract by the employer
- occurs most commonly where an employer dismisses an employee without notice or with insufficient notice under their contract of employment AND the employee has NOT committed an act of gross misconduct.

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11
Q

When must a wrong dismissal claim be brought forward?

A

claim must be brought within:
- within 3 months from the date of termination of the employment if pursued in the employment tribunal

  • within 6 years if the claim is being made through the courts
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12
Q

What is unfair dismissal? What are the conditions required for it to be claimed?

A

unfair dismissal occurs if:

  • the reason given for the dismissal was not the real one
  • the reason for dismissal was unfair

the employees must have worked for a minimum period before they qualify for the right to claim unfair dismissal at a tribunal
- two years

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13
Q

What are reasons for reasons for dismissal that could be classified automatically as unfair?

A

unfair dismissal are to do with the following areas:

  • pregnancy, maternity related
  • family
    = including parental leave or time off for dependants
  • acting as a trade union representative
  • took part in legal industrial action that lasted 12 weeks or less
  • discrimination
    = including protection against discrimination on the grounds of age, gender reassignment, marriage and civil partnership, race, religion or belief, sex and sexual orientation
  • whistleblowing
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14
Q

What is disciplinary action?

A

disciplinary action is one which is instigated by the employer
- employers use disciplinary procedures to tell employees that their performance or conduct isn’t up to the expected standard and to encourage improvement

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15
Q

What is grievance action? What are the steps involved?

A

grievance Action
- is instigated by employee
= if an employee has a problem or complaint, they need to know who it should be taken up with

you should also name the person who will deal with an appeal they might make after agrievance meeting.

3 step procedure
- written statement = a letter which is given to the other party outlining the proposed disciplinary action/grievance
- meeting (employee may be accompanied by colleague or trade union representative)
= the contents of the letter is discussed and both parties are allowed to explain their position
- appeal = allows or any decision that was made at the meeting to be appealed

outcomes:

  • no action
  • warning
  • dismissal
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16
Q

What are the nine protected characteristics?
- given by the equality act 2010
= aim is to tackle discrimination and inequality

A

1 - age
2 - disability
= a person has a disability if s/he has a physical or mental impairment which has a substantial and long-term adverse effect on that person’s ability to carry out normal day-to-day activities.

3 - gender
4 - gender reassignment 
5 - marriage and civil partnership
6 - pregnancy and maternity
7 - race 
= including ethnic or national origins, colour and nationality

8 - religion or belief
9 - sexual orientation

17
Q

What are the types of discrimination?

A

direct discrimination
- treated less favourably because of a protected characteristic.

associative discrimination
- treated less favourably because they are associated with another person who possesses a protected characteristic.

discrimination by perception
- treated less favourably because it is thought that they possess a particular protected characteristic

indirect discrimination
- can occur when there is a rule or policy that applies to everyone but disadvantages a group of people with a particular protected characteristic.

harassment
- unwanted conduct related to a relevant protected characteristic which has the purpose or effect of violating an individual’s dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment for that individual.

harassment by a third party
- e.g. clients, contractors

victimisation
- treated less favourably because they have made or supported a complaint or grievance under this legislation