Employment Law Flashcards
What are the control, intergration and economic reality tests used for?
To work out if someone is employed or self-employed
Does an employer have to provide a good reference?
No, just a truthful one
If someone has been working at a company for 7 years, how long a notice period must they do?
7 weeks
If someone is dismissed without being given proper notice, what type of dismissal is this?
Wrongful
If an employee accepts payment in lieu of their notice, what type of dismissal is this?
Summary
If someone believes they have been wrongfully dismissed, within what time frame must they sue them in the County Court or High Court?
6 years
When must an employee bring a claim to the employment tribunal within if claiming for wrongful dismissal?
Within 3 months of the dismissal
What amount must the claim be less than if bringing it to the employment tribunal for wrongful dismissal?
£25,000
Who brings an action forward for unfair dismissal?
The employee
What are the remedies for unfair dismissal?
Reinstatement
Re-engagement
How much is awarded for the compensatory award?
£93,878
How much pay do you receive if you receive the basic award aged 41 plus?
1.5 weeks for each year of service
How much pay do you receive if you receive the basic award aged 18-21?
1/2 weeks pay for each year of service
How much pay do you receive if you receive the basic award aged 22-40?
1 weeks pay for each year of service
What is the maximum amount you can receive for the basic award?
£571 a week
How many employees must be made redundant to have to notify the Department for Business, Energy and Industrial Stategy?
20 or more
How long must you have been employed somewhere to claim redundancy pay?
2 years
Within what time frame must a claim be made to the employment tribunal if made redundant?
6 months
Is wrongful dismissal and summary dismissal a breach of common law or statutory law?
Common law
The rule ‘an employee has a right to be indemnified for any necessary expenses’, is this terms implied by common law or statute?
Common law
If an employee has a right to minimum levels of pay and paid leave, is this terms implied by common law or statute?
Statute
