Employment Flashcards
What does the Employee Rights Act cover?
- 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
What is the difference between a written statement and a contract?
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.
What are the different parts of a contract? What are they known as?
1 - employment conditions
2 - rights
3 - responsibilities
4 - duties
these are known as the terms of the contract
- legally binding agreement
What are the different forms a contract could be in?
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
What is a written statement?
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.
What do employees have a right to in regards to dismissal?
employees have a statutory right to:
- a minimum notice period on termination
- protection against unfair dismissal
What are the methods of termination of a contract?
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
What are the types of dismissal?
fair dismissal
constructive dismissal
unfair dismissal
wrongful dismissal
What is fair dismissal?
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’.
What is wrongful dismissal?
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.
When must a wrong dismissal claim be brought forward?
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
What is unfair dismissal? What are the conditions required for it to be claimed?
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
What are reasons for reasons for dismissal that could be classified automatically as unfair?
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
What is disciplinary action?
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
What is grievance action? What are the steps involved?
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