Employment Law

Question 1

employee

Answer 1

works under a contract of service

Question 2

self-employed
(works under a contract of services)

Answer 2

works under a contract for services

Question 3

What are the three elements that must be present for a contract of services:

Answer 3

• The worker must have agreed to perform work him/herself unless the employer expressly agrees to delegation
• Control exercised by the employer
• Mutuality of obligation

Question 4

Contract of employment is made up of:

Answer 4

• express terms
• implied terms

Question 5

express terms

Answer 5

terms explicitly agreed by the employer and employee, either in writing or orally

Question 6

implied terms

Answer 6

terms not explicitly agreed that courts have determined exist, based on interpretation of the law and cases relating to employment contracts.

Question 7

what does a statement of particular consist of (express terms in contract of employment)

Answer 7

Employee rights act 1996
- names of employee and employer
- pay rates and interval
- job title
- hours of work
- length of notice
- holiday and sick pay entitlement
- details of pension entitlement
- details disciplinary or grievance procedures
- date employment commenced

Question 8

Implied duties of the employee

Answer 8

• to obey lawful and reasonable orders
• to give honest and faithful service
• duty to exercise reasonable care and skill
• not to misuse confidential information
• to give personal service
• mutual co-operation

Question 9

Implied duties of the employer

Answer 9

• pay reasonable remuneration
• indemnify employees for properly incurred expenses and liability
• take reasonable car for safety of their employees
• reasonable notice of termination
• maintain mutual co-operation, trust and confidence
• to provide work
• observe sustainability regulations

Question 10

No general duty for an employer to:

Answer 10

• Provide references

Question 11

Terms implied by statute

Answer 11

• Equal pay
• Health and safety
• Social security and work life balance
• Discrimination

Question 12

Equality act - protected characteristics

Answer 12

• age
• disability
• sex
• race
• religion
• marriage or civil relationship
• pregnancy/maternity

Question 13

The minimum amount of notice required by the employee

Answer 13

is one week once they have worked for their employer for four weeks.

Question 14

The minimum notice required by the employer After one month’s service

Answer 14

one week notice

Question 15

The minimum notice required by the employer After two years service

Answer 15

two weeks

Question 16

The minimum notice required by the employer After 12 years service

Answer 16

The minimum notice required by the employer After two years service
- 12 weeks from 12 years

Question 17

an employer must provide a written statement of particulars to the employee:

Answer 17

on or before the first day of employment

Question 18

claims for unfair dismissal are brought before the..

Answer 18

employment tribunal

Question 19

which employees are excluded from claiming unfair dismissal

Answer 19

• Employees engaged to work outside great britain
• Workers who at the time of their dismissal were involved in an unofficial strike or some other unofficial industrial action

Question 20

when must an employee bring a claim to the tribunal dismissal?

Answer 20

within three months of the effective date of termination

Question 21

Dismissal can be

Answer 21

• termination of a contract by the employer
• expiration of a fixed term contract
• constructive dismissal

Question 22

what is constructive dismissal?

Answer 22

• Employee terminates the contract due to employers actions
• If they continue without say anything its as though they have accepted the employers actions

Question 23

If an employee wishes to make a claim for unfair dismissal, what must they prove?

Answer 23

That they have been dismissed

Question 24

Actions not constituting as a dismissal:

Answer 24

• the employee resigns
• the contract is frustrated
• the parties come to a mutual agreement to end the contract

Question 25

What are the three remedies for unfair dismissal?

Answer 25

• Reinstatement
• Re-engagement
• Compensation

Question 26

Potential reasons for dismissal:

Answer 26

• Capability or qualifications
• Employees misconduct
• Legal prohibition
• Redundancy
• Some other substantial reason

Question 27

what is wrongful dismissal?

Answer 27

occurs where a worker is dismissed in breach of contract.

Question 28

what is summary dismissal?

Answer 28

dismissal without sufficient notice

Question 29

what is reinstatement?

Answer 29

employee may return to their old job without any break in continuity

Question 30

what is reengagement

Answer 30

employer gives employee a new job comparable terms and seniority