Employment contracts Flashcards
What act do contracts of employment come from?
Master and servant act 1867
What is the common law approach to the employment contract?
The employer has the power to command and the employee has the duty to obey
Terms of employment act 1994
Employees are entitled to a written statement and basic terms of employment with in 2 months of starting
What did the amendments to the Terms of employment act 1994 with the employment miscellaneous provisions act 2018 do?
Give a contract within 5 days with 5 core terms
What are the core terms of an employment contract as per the Employment miscellaneous provisions act 2018?
- Name of employee and employer
- Address employer
- Rate of remuneration and pay calculation
- Expectation of a normal length of a working week
- Duration of contract
What form must an employment contract be in?
Can be written or oral but solidified in writing
What are the 4 features of an employment contract
- Offer from employer and acceptance from an employee
- Consideration: pay
- ICRL
- Contract is confirmed in weighting
Contracts for service
A contractor who works for themself and gets a fee for performing a service, they don’t get a wage from the company.
What is the difference between a contract for service and a contract of service
A contract for a service employee is not an employee of the company.
Contracts of service
Normal employee
What is the test for a contract of/for service (3)
- Contol
- Integration
- Multiple test
Control test
Who do you report to when work is carried out and how much independence do you have
Contractor more, employee little
Integration test
Is the work integrated into the business or peripheral (eg IT would be peripheral compared to software devloper)
Multiple test
Do you have sick pay, who pays holiday pay, what tax do you pay, who buys your tools …..
What are the 3 types of employment contracts
- Fixed-term
- Specific purpose
- Zero hours
Fixed-term
Limited time employment
Specific purpose
Individual has a job for a specific time or purpose (eg maternity)
Zero hour
No fixed hours, but expected to be on call for work all the time.
The organisation of working time act 1997
If work was promised, the employer is obliged to pay 25% of that.
What is an if and when contracts
A contract that says “if and when you are available to work” circumventing the 25% of promised work
What type of contracts do we see in times of austerity
Temporary fixed-term, part-time and zero-hours
What is an agency worker?
A worker who does work for one company but are hired by another
What regulations regulate agency workers
EU directive on temporary agency work and the protection of employees temporary agency work 2012
EU directive on temporary agency work and the protection of employees temporary agency work 2012
Agency workers have the same entitlements and rights as other employees in a firm
