Employment Law

Question 1

Legislation

Answer 1

Employment rights act 1996

Question 2

Employment categories

Answer 2

Employee - guaranteed employment rights
Worker - some rights
Self employed - very little protection

Question 3

Tests to establish relationship (4)

Answer 3

Control test, integration test, mutuality of obligation test, economic reality test

Question 4

Control test

Answer 4

What control employer has over employees work

Question 5

Integration test

Answer 5

How integral the employees work is to the business

Question 6

Mutuality of obligation test

Answer 6

Is the employer obliged to offer work and is employee obliged to take it

Question 7

Economic reality test

Answer 7

Does person take any financial risk, have tax deductions, send invoices

Question 8

Statutory notice periods s86

Answer 8

1m - no
1m - 2y - 1wk
2y - 2wk
12y - 12wk max

Employee 1wk after 1m

Question 9

Summary (instant) dismissal

Answer 9

Employee guilty of gross misconduct

Question 10

Wrongful dismissal

Answer 10

Employee doesn’t give agreed notice or breaches contract (not following correct procedure)

Question 11

Unfair dismissal (working for more than 2y)

Answer 11

Terminated without good cause, fixed term contract ended and not renewed, constructive dismissal

Question 12

Constructive dismissal

Answer 12

When an employee is entitled to resign without notice due to employer breaching contract (safety)

Question 13

Automatically unfair dismissal (don’t have to be working for 2 years) (4)

Answer 13

Family, health, trade union membership, whistleblowing

Question 14

Redundancy

Answer 14

Form of dismissal when employers need to reduce workforce, must be selected fairly (lack of experience, capability)