Employment and data Flashcards
What are the three essential elements of a contract of service
Mutuality of obligation
Some element of control
Some element of personal service
Name the 10 things that need to be included on the written particulars
Name of EE ER Pay and intervals Job title Hours of work Length of notice Holiday & sick pay Pension entitlement Disciplinary Start date Continuous employment Joanne hasn't learnt how people's dogs stink continuously
Explain the relationship between the 3 essential element
If not present then self employed however if they are present does not guarantee they are employed
What are the implied duties for an employee to an employer under common law
Obey lawful and reasonable orders honest and faithful services reasonable care and skill confidential information personal service Mutual cooperation
What is a written statement of perscribed particulars and when does it have to be issued
Within two months of beginning of the employment. Names date continuose employment scale rate of pay hours of work title holiday pay sick pay pensions notice disciplinary procedures
How is an employment contract made
ususally in writing but can be made orally
Relationship between written particular and employment contract
Written particulars do not constitute an employement contract.
An employement contract is sufficient to replace the need for a written statement
What could happen if an employee doesn’t comply with Acas code of practice
Claim may be reduced by upto 25%
What action if no witten particular in 2 months
May be liable for compensation (not criminal sanctions)
Do an employees implied duties under common law cease when their employment ceases
No e.g. duty not to misuse confidential information continues.
What are the implied duties of an employer to an employee
Pay reasonable remuneration Indemnify employees Health and safety Provide work (still pay wages) To provide an accurate reference Not to disclose confidential information To maintain mutual trust and confidence
Explain the relationship between remuneration ‘provide work duty’ e.g. commision bases
An employee is required to pay the set out remuneration (if no agreement present then reasonable) but the employer does have a duty to provide work to earn the commision
What is the punishment for breach of health and safety
unlimited fine and upto 2 years in prision for director
What are the minimum terms of notice
1month - 2year 1 week
2 years - 12 years 1 week per year
more than 12 years not less than 12 weeks
Points for unfair dismissal
claim for unfair dismissal after 2 years of continious employment.
Claim must be made within 3 months
termination by notice- notice expires
termination without noctice -termination takes affect
Fixed term contract is not renewed - date on which fixed term contract expires
What must the employee prove
qualifying employee
that they have been dismissed
When must a claim for wrongful dismisal be made
6 years from breach
What constitutes unfair dismissal
- no notice
- less notice than require
- Before end of fixed term contract
- selected for redundencu on breacj of a slection procedure which is in the contract.
What to look out for with unfair and wrongful dismissal
has the employee had 2 years continious employment (is it automatically unfair)
Explain the following in terms of redundency
Continious employement Dismissed by reason of redudency Laid off Kept in short Time period
2 years
4 weeks consequ
6 out 13
6 months to report
What does the GDPR act refer to
All PD held on computer based systems and manual files
What are the max fines for non complience GDPR
Criminal conviction
20euro million fine or 4% of global turnover
What are the rights of the data subject
Informed Right to access (reply 1 month) Ratification To be forgotten Held but not processed
What are the principles of GDPR
-Lawfulness, fairness and transparency
-purpose
-not excessive
-Accurate (reasonable)
-Time (according to purpose)
Security.
What are the exemption to GDPR
- employer
- academic institutions
- scientific & historic.
