Employment Law Flashcards
employee
works under a contract of service
self-employed
(works under a contract of services)
works under a contract for services
What are the three elements that must be present for a contract of services:
- 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
Contract of employment is made up of:
- express terms
- implied terms
express terms
terms explicitly agreed by the employer and employee, either in writing or orally
implied terms
terms not explicitly agreed that courts have determined exist, based on interpretation of the law and cases relating to employment contracts.
what does a statement of particular consist of (express terms in contract of employment)
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
Implied duties of the employee
- 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
Implied duties of the employer
- 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
No general duty for an employer to:
- Provide references
Terms implied by statute
- Equal pay
- Health and safety
- Social security and work life balance
- Discrimination
Equality act - protected characteristics
- age
- disability
- sex
- race
- religion
- marriage or civil relationship
- pregnancy/maternity
The minimum amount of notice required by the employee
is one week once they have worked for their employer for four weeks.
The minimum notice required by the employer After one month’s service
one week notice
The minimum notice required by the employer After two years service
two weeks
The minimum notice required by the employer After 12 years service
The minimum notice required by the employer After two years service
- 12 weeks from 12 years
an employer must provide a written statement of particulars to the employee:
on or before the first day of employment
claims for unfair dismissal are brought before the..
employment tribunal
which employees are excluded from claiming unfair dismissal
- 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
when must an employee bring a claim to the tribunal dismissal?
within three months of the effective date of termination
Dismissal can be
- termination of a contract by the employer
- expiration of a fixed term contract
- constructive dismissal
what is constructive dismissal?
- Employee terminates the contract due to employers actions
- If they continue without say anything its as though they have accepted the employers actions
If an employee wishes to make a claim for unfair dismissal, what must they prove?
That they have been dismissed
Actions not constituting as a dismissal:
- the employee resigns
- the contract is frustrated
- the parties come to a mutual agreement to end the contract
What are the three remedies for unfair dismissal?
- Reinstatement
- Re-engagement
- Compensation
Potential reasons for dismissal:
- Capability or qualifications
- Employees misconduct
- Legal prohibition
- Redundancy
- Some other substantial reason
what is wrongful dismissal?
occurs where a worker is dismissed in breach of contract.
what is summary dismissal?
dismissal without sufficient notice
what is reinstatement?
employee may return to their old job without any break in continuity
what is reengagement
employer gives employee a new job comparable terms and seniority
