Employment Law

Question 1

What is a contract of employment?

Answer 1

Law that governs the relationship between employer and employee.

Question 2

Who are employees?

Answer 2

Employed under a contract of employment or a contract of service.

Question 3

Who is self-employed?

Answer 3

Independent contractors that are employed under a contract for service.

Question 4

What are the five key historical employment laws?

Answer 4

1) Health and Safety at Work Act 1974.
2) The Sex Discrimination Act 1975.
3) The Race and Relations Act 1976.
4) Employment Protection Act 1978.
5) Employment Rights Act 1996.

Question 5

What are the four duties of an employer?

Answer 5

1) Behave reasonably in terms of the employment and practise good industrial relations.
2) Provide a written statement of terms of employment.
3) Pay minimum wage or more and pay both genders equally for same work done.
4) Take reasonable care to ensure the health and safety of employees.

Question 6

What are the four tests to prove employee or self-employed status?

Answer 6

1) Control test.
2) Integration test.
3) Multiple test.
4) Right of substitution.

Question 7

What are the four duties of an employee?

Answer 7

1) Be honest, obedient, and do not act against the employers’ interest.
2) Be competent and work carefully.
3) Don’t disclose confidential information unless it is in the public interest.
4) Take reasonable care of employers’ property.

Question 8

What are the three types of employment contracts.

Answer 8

1) Full-time.
2) Part-time.
3) Zero-hour.

Question 9

What seven things should the contract of employment include?

Answer 9

1) Name of parties and date employment commenced.
2) Rate of pay and method of calculation.
3) Intervals wages are to be paid at.
4) Terms and conditions of hours of work.
5) Terms and conditions of holiday and holiday pay.
6) Length of notice employee must give and amount they are entitled to receive from termination.
7) Job title and job description.

Question 10

What four things should the employment of contract also include under the Trade Union Reform and Employment Rights Act 1993?

Answer 10

1) The period of non-permanent employment.
2) The place of work.
3) Any agreement that affects the terms of employment.
4) Information relating to working outside the UK where relevant.

Question 11

What are the four types of dismissal?

Answer 11

1) Fair dismissal.
2) Wrongful dismissal.
3) Constructive dismissal.
4) Unfair dismissal.

Question 12

What are the four ways an employer can lawfully terminate an employee under ERA 1996?

Answer 12

1) Notice.
2) Agreement.
3) Completion of task/time period.
4) Frustration.

Question 13

What are the five reasons of dismissal?

Answer 13

1) Relates to capability or qualification of the employee.
2) Relates to conduct of the employee.
3) Employee was made redundant.
4) Employee could not continue to work.
5) Other substantial reason.

Question 14

What is the three step procedure for unfair dismissal under ERA 1996?

Answer 14

1) Company drafts written statement of grounds for action to be provided to employee and invites them for a meeting to discuss.
2) After meeting the company will inform the employee of their decision and notify them of the right to appeal.
3) Appeal meeting if required.

Question 15

What does the Equality Act 2010 do?

Answer 15

Consolidates numerous acts of equality and discrimination under one act.

Question 16

What about disability discrimination at work?

Answer 16

Requires equal treatment in access to employment and services, employers have a duty to make reasonable adjustments to their workplace to overcome barriers.

Question 17

What is redundancy and what are the four valid reasons for it?

Answer 17

Form of dismissals.
1) Business closing or moving.
2) New technology makes job unnecessary.
3) Job no longer exists.
4) Employer needs to cut costs.

Question 18

How are redundnacy payments calculated?

Answer 18

Given to employees with a minimum of two years service (21 being the max) and is based on age.
1) 18-21yrs 1/2 a weeks pay for each year of service.
2) 22-40yrs 1 weeks pay for each year of service.
40 and above 1 1/2 weeks pay for each year of service.

Question 19

What is redeployment?

Answer 19

When an employee is made redundant the employer can offer them a new role which is reasonable, if employee rejects this role they are not entitled to redundancy payment. If the new role is not reasonable then they can claim redundancy payment.