Employment Law Flashcards
Where is employment status in the employment rights act 1996
Under section 230 of the Employment Rights Act 1996, employment status falls into three categories
What are the three categories of employment
The three categories of employment are:
- Employees
- Workers
- Self-Employed
What are employees like
Employees – Work under a contract of service, benefiting from full employment rights
What are workers like
Workers – Provide services personally under a contract for services but do not run their own business. They have limited rights
What are self-employed people like
Self-Employed – Run their own business and contract with clients, having minimal statutory protections
What happened in the Uber Supreme Court place
The Uber Supreme Court case confirmed that Uber drivers are “workers,” not self-employed, entitling them to certain employment rights
What are contract of services like
Contract of Service (employees) → Full employment rights
What are contract for services like
Contract for Services (workers & self-employed) → Fewer rights
Who can claim unfair dismissal protection
Only employees can claim unfair dismissal protection
What are the different tests courts do to determine employment status
Since there is no statutory definition of an employee, courts use multiple tests:
- Control Test
- Integration Test
- Economic Reality Test
- Mutuality of Obligation Test
What does the control test assess
Control Test – How much control does the employer have over the worker’s duties?
What does the integration test assess
Integration Test – Is the worker’s role essential to the business?
What does the economic reality test assess
Economic Reality Test – Does the worker bear financial risks, pay taxes independently, or send invoices?
What does the mutuality of obligation test assess
Mutuality of Obligation Test – Is the employer obligated to provide work, and is the worker obligated to accept it?
What are implied employee duties
Employee duties: Obey instructions, act with care and loyalty
What are employer duties
Employer duties: Provide work, maintain trust and confidence
What does notice requirement mean
Notice Requirement – An employer must give notice before terminating a contract, except in cases of gross misconduct
What is summary dismissal
Summary Dismissal – Immediate termination due to gross misconduct
What is wrongful dismissal
Wrongful Dismissal – Where an employer dismisses an employee without proper notice or breaches contractual terms
What notice must an employer give for 1 month service
Less than 1 month service – No notice
What is the notice period an employer must give for 1 month to 2 years
1 month – 2 years – 1 week
What happens to the notice period for each additional year after 2 years
Each additional year – 1 extra week (up to 12 weeks max)
How much notice period must an employee give
At least 1 month service – Minimum 1 week’s notice
What is needed to claim unfair dismissal
To claim unfair dismissal, a person must be an employee and prove dismissal
