Employment, Data protection and intellectual property Flashcards

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1
Q

What is defined
works under a contract of service

A

employee

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2
Q

what is defined
works under a contract of service

A

independent contractor

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3
Q

three essential elements for contract of service

A

personal service
control
mutuality of obligations

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4
Q

Implied terms on who
Duty to faithful service (fidelity)

A

employee

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5
Q

Implied terms on who
to obey lawful and reasonable orders

A

employee

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6
Q

Implied terms on who
not to misuse confidential information

A

employee

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7
Q

Implied terms on who
exercise reasonable skill and care

A

employee

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8
Q

Implied terms on who
personal service

A

employee

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9
Q

Implied terms on who
trust and confidence

A

employee

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10
Q

Implied terms on who
To pay reaonsable remuneration

A

employer

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11
Q

Implied terms on who
to indemnify employees

A

employer

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12
Q

Implied terms on who
care for H&S of employees

A

employer

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13
Q

Implied terms on who
provide work

A

employer

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14
Q

Implied terms on who
to provide accurate reference

A

employer

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15
Q

Implied terms on who
not disclose confidential ifnormation

A

employer

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16
Q

Implied terms on who
maintain mutual trust and confidence

A

employer

17
Q

Minimum notice if worked for more than 1 year but less than 2

A

not less than 1 week

18
Q

minimum notice of worked for more than two years but less than 12

A

not less than one week per year of continuous employment

19
Q

minimum notice if worked for more than 12 years

A

not less than 12 weeks

20
Q

T/F
An employer does not owe a duty to provide a reference for their employee

A

true - but if they do must be accurate

21
Q

How long must have been working for to make cliam for unfair dismissal

A

continuously employed for at least two years, full or part time

22
Q

Who can’t make claim for unfair dismissal

A

outside UK
police
dismissed while taking unofficial strike action

23
Q

when make claim for unfair dismissal

A

within three months of effective date of termination

24
Q

employee needs to show what for constructive dismissal

A

employer committed serious breach
they left because of the breach
they have not affirmed or waived the breach

25
Q

what need to show to claim redundnacy

A

they were an employee
two years continuous employment
dismissed by way of redundancy / laid off / kept short time for 4 or more consecutive weeks or 6 weeks of 13