Employment Law Flashcards
4 major employment laws
- Employment Protection Act (1978)
- The Sex Discrimination Act (1975)
- The Race Relations Act (1976)
- Health and Safety at Work Act (1974)
Contract of employment
law that governs the relationship between employer and employee and is protected by employment rights act (1996)
Employers duty
- Behave reasonably in terms of employment
- Provide written statement of terms
- Pay minimum wage or more as agreed
- Take reasonable care to ensure safety and health
3 types of test to prove employee-self employed status
- Control test
- Integrationn test
- Multiple test
Control test
Whether employer controls the employee in what they do and how they do their work
integration test
extent to which employee is integrated into employers business
Multiple test
consideration of multiple factors to prove employment relationship exists between employee and employer
Employees duty
should be honest, obedient, competent, work carefully and industriously
not disclose confidential information.
take reasonable care of employers property
types of contract of employment
- Full time
- part time
- zero hour
4 types of dismissal
- Fair
- Wrongful
- Constructive
- Unfair
fair dismissal
- Fair reasons
- Capability or qualifications
- Conduct -
- Dismissed within the meaning of ERA 1996, the following must prevail
- Employer provides written statement for the reason of dismissal
- Employee must have ben employed for one year, however, the qualifying period where a female
employee is dismissed whilst pregnant is not applicable - Employee requests statement within 14 days
wrongful dismissal
A wrongful dismissal entails a claim for breach of contract – as an employee
This occurs when an employer has breached an employee’s contract. It’s usually has to do with notice or notice pay. It only relates to a breach of contractual agreements.
Examples include, but not limited to;
• dismissing an employee without giving them a notice period or notice pay
• not giving someone the full notice period they’re entitled to
• No notice or inadequate notice is given and it is not a case of gross misconduct entitling the employer to dismiss without notice.
• terminating a fixed-term contract before it is due to expire at the end of the term.
• dismissal in breach of contractual disciplinary procedures.
If an employee wants to make a claim for wrongful dismissal, it does not matter how long they’ve worked for their employer.
Constructive dismissal
Where an employer manipulates employee’s role/job to force him/her to resign. When an employee is forced to ruminate his/her contract with or without notice due to the conduct of the employer (protected under s95(1)(c) of the ERA 1996)
• Examples include, but not limited to:
➢ Providing an employee with an excessive workload so they’ll fail due to stress or an inability to complete tasks.
➢ Demoting a manager without any agreement or explanation.
➢ Harassing an employee.
➢ Humiliating a member of your department in front of everyone else.
➢ Changing a working environment so it disadvantages an employee.
➢ Ignoring or failing to address any issues and grievances.
Cases
1. Sovereign House Security Services v Savage (1989)
2. Tanner v Kean (1978)
3. British Aircraft Corporation v Austin (1978)
unfair dismissal
Unfair dismissal occurs when an employer terminates an employee’s contract without a fair reason Examples include, but not limited to:
1. Membership of a Trade Union (s152 (1)of the TULR (C) A 1992
2. Pregnancy or childbirth (s 99 of ERA 1996)
3. Industrial action (s 238 of TULR ( c) A 1992
4. Industrial pressure
5. Race
6. Religion
7. Political affiliation
8. Sexual orientation
To be successful, employee must have at least two years of continuous employment in order to initiate the claim
However, where automatic unfairness can be proven, for example, a woman dismissed because she announced her pregnancy, the two year rule does not apply. Automatic unfair dismissal is upheld in such instances.
ways to terminate a contract of employment
- Notice – one or other of the parties might give the required notice to terminate the contract
- Agreement – both parties might agree to end the contract. For example, the employee resigns giving the required notice.
- The employee might complete the task for which s/he is employed, or might work the whole of the time period specified in the contract.
- Frustration – the contract might become frustrated if it becomes impossible to perform or radically different from what the parties contemplated when they made the contract. Egg Stores (Stamford Hill) Ltd v Leibovici (1977).
