Employment Law Flashcards
Legislation
Employment rights act 1996
Employment categories
Employee - guaranteed employment rights
Worker - some rights
Self employed - very little protection
Tests to establish relationship (4)
Control test, integration test, mutuality of obligation test, economic reality test
Control test
What control employer has over employees work
Integration test
How integral the employees work is to the business
Mutuality of obligation test
Is the employer obliged to offer work and is employee obliged to take it
Economic reality test
Does person take any financial risk, have tax deductions, send invoices
Statutory notice periods s86
1m - no
1m - 2y - 1wk
2y - 2wk
12y - 12wk max
Employee 1wk after 1m
Summary (instant) dismissal
Employee guilty of gross misconduct
Wrongful dismissal
Employee doesn’t give agreed notice or breaches contract (not following correct procedure)
Unfair dismissal (working for more than 2y)
Terminated without good cause, fixed term contract ended and not renewed, constructive dismissal
Constructive dismissal
When an employee is entitled to resign without notice due to employer breaching contract (safety)
Automatically unfair dismissal (don’t have to be working for 2 years) (4)
Family, health, trade union membership, whistleblowing
Redundancy
Form of dismissal when employers need to reduce workforce, must be selected fairly (lack of experience, capability)
