Employment & Data Protection

Question 1

When is wrongful dismissal helpful?

Answer 1

• When a claim for unfair dismissal has not been brought within 3 months
• haven’t worked there for a year (so won’t qualify)

Question 2

When does wrongful dismissal occur?

Answer 2

• employer terminates employment with no notice or insufficient notice BUT summary dismissal is allowed (gross issues)
• terminates it before expiry of fixed terms
• selected for redundancy but wrong selection procedure
• wrongly terminated and ‘accept’ the breach
• dismissed on grounds not included in the contract

Question 3

Under wrongful dismissal, what is the award if there is a successful claim?

Answer 3

Entitled to damages based on loss of earnings but expected to mitigate the loss (looking for alternative work)

Question 4

What are the grounds around redundancy?
(How long working there?
Duration to make a claim?
When do you lose the right)

Answer 4

• Have to work 2 years or more
• Claim brought within 6 months
• lose the right if (I) guilty of gross misconduct or (I) refuse alternative suitable employment or (iii) refuse reasonable offer to renew contract

Question 5

Re regulatory and health and safety, what is the sanction?

Answer 5

Director responsible may be liable to a fine and up to 2 years

Company liable to an unlimited fine

Question 6

What is the first notice period?

Answer 6

Between 1 month and 2 years = at least one weeks notice

Question 7

Is non-renewal of a fixed-term contract on expiry wrongful dismissal?

Answer 7

No but it’s UNFAIR (the big difference between the two)

Question 8

Are data held by unincorporated members clubs exempt?

Answer 8

Yes so no right of access nor compensation

Question 9

What are automatically unfair dismissals ?

Answer 9

• pregnancy
  -Spent conviction
  -Trade union membership
  -Transfer of undertaking-company X take over company Y
  -Take steps to protect yourself from imminent danger or others
  -enforce statutory rights (bring injury claim against employer)
• whistleblowing
  (Not required to have 1 year of employment)

Question 10

When can one claim for redundancy?

Answer 10

Has to be an employee
- ceased for the same purpose
- ceased in  he place
- ceased requirements of that type of work - or expected to diminish or cease
(Mobility clause doesn't count)

Question 11

which term is defined as the remedy for unfair dismissal by which an employee is allowed to return to the same job without any breach of continuity?

Answer 11

Reinstatement

Question 12

Which term is defined as an order that the employee will be given new employment with the employer on terms that are comparable otherwise suitable?

Answer 12

Reengagement

Question 13

Can a registered company B:
A) the data controller
B) a data subject

Answer 13

Yes a data controller

Not a data subject