Employment Law Flashcards
What is the difference between an employee and a self-employed person?
Employee has a contract of service
Self-employed have a contract for service
What are the key factors of determining employee status?
Delegation - employee can’t
Control - employer tells how to do job
Mutuality of obligations - employer provides work, employee does it
Contractual provisions - terms in contract eg holiday etc
Tools and equipment - self-employed have their own
Uniform - employee wears
Integration - email address, christmas parties
Payment of tax and NI - employment deductions
Financial risk - self-employed
Number of employments - more than one person = self employed
Length of service - longer service means employment
What are the implications for employees?
Can be wrongfully dismissed
Has employment protection - minimum notice period, redundancy pay
Insolvency - payment of outstanding salary, redundancy
Implied terms - rights and duties implied by law
Tortious acts - employer vicariously liable
Taxation - PAYE
VAT - none
Social security - employer secondary class 1, employee primary class 1
What are the implications for the self-employed?
Cannot be wrongfully dismissed
Has employment protection for workers - H&S
Insolvency - none
Implied terms - none
Tortious acts - hirer limited liability
Taxation - self-assessment
VAT - may have to charge
Social security - independent contractors pay class 2 and 4
What are workers?
Between employees and independent contractors
Have some protection
What is included in an employee contract?
Agreement between the parties - written or oral
Number of terms like pay, hours, place of work, special agreements
How can an employment contract be altered?
Requires consent of both parties unless:
New legislation may need a term to trade
Express term in contract can give rights of variation
Can an employer give an oral contract?
Yes but must give a written particular on or before commencement of employment - made up of principle statement and wider written statement
What does the principle statement cover?
Names of employer and employee
Job title, start date
How much and how often paid
Hours and days of work
Holiday
Where working
How long jobs last
How long probation and conditions
Benefits
Training
Sick pay
Paid leave
Notice periods
What does the wider written statement include?
Provided within 2 months
Pension, pension schemes
Right to non-compulsory training
Disciplinary and grievance procedures
What are an employee’s implied duties?
Duty of faithful service
To obey lawful and reasonable orders
Not to misuse confidential information
To exercise reasonable care and skill
Personal service
Trust and confidence
What are an employer’s implied duties?
To pay remuneration
To indemnify employees
Health and safety
To provide work
To provide accurate references
Not to disclose confidential information
To maintain mutual trust and confidence
To observe sustainability regulations
What do the acts concerning pay include?
Equal pay for equal value
National minimum wage
What does the health and safety act include?
Provide and maintain safe plant and systems
Arrangements to ensure safe use, handling, storage and transport of items
Provide adequate info, instruction, training and supervision
Maintain safe environment with access in and out
What is the punishment for breach of health and safety?
Unlimited fine
Up to 2 years prison
