Employment, Data protection and intellectual property Flashcards
What is defined
works under a contract of service
employee
what is defined
works under a contract of service
independent contractor
three essential elements for contract of service
personal service
control
mutuality of obligations
Implied terms on who
Duty to faithful service (fidelity)
employee
Implied terms on who
to obey lawful and reasonable orders
employee
Implied terms on who
not to misuse confidential information
employee
Implied terms on who
exercise reasonable skill and care
employee
Implied terms on who
personal service
employee
Implied terms on who
trust and confidence
employee
Implied terms on who
To pay reaonsable remuneration
employer
Implied terms on who
to indemnify employees
employer
Implied terms on who
care for H&S of employees
employer
Implied terms on who
provide work
employer
Implied terms on who
to provide accurate reference
employer
Implied terms on who
not disclose confidential ifnormation
employer
Implied terms on who
maintain mutual trust and confidence
employer
Minimum notice if worked for more than 1 year but less than 2
not less than 1 week
minimum notice of worked for more than two years but less than 12
not less than one week per year of continuous employment
minimum notice if worked for more than 12 years
not less than 12 weeks
T/F
An employer does not owe a duty to provide a reference for their employee
true - but if they do must be accurate
How long must have been working for to make cliam for unfair dismissal
continuously employed for at least two years, full or part time
Who can’t make claim for unfair dismissal
outside UK
police
dismissed while taking unofficial strike action
when make claim for unfair dismissal
within three months of effective date of termination
employee needs to show what for constructive dismissal
employer committed serious breach
they left because of the breach
they have not affirmed or waived the breach
