Employment Law Flashcards
What are the main areas of employment law?
Laws relating to the recruitment process
Laws relating to employees in the workplace
Laws relating to the termination of employment
Explain 2 effects of the Equality Act 2010 on businesses.
Business cannot discriminate against anyone because of: age, being married, being pregnant, disability, race, religion, sex, if they do they are breaking the law.
It also protects employees against discrimination in a wide variety of circumstances, for example, recruitment, promotion, employment terms and conditions, pay and benefits, training and redundancy.
State 2 reasons why a business should have an equality policy
A good diversity programme has many beneficial effects on staff and organisations alike. Indeed, when it comes to equality and diversity, a good rubric means that the whole working environment is much better, productivity is heightened, and success and business naturally increase
What is a contract of employment?
All employees have an employment contract with their employer. A contract is an agreement that sets out an employee’s
Identify 2 things that are likely to be included in a contract of employment.
Employment conditions
Rights
Responsibilities
What is whistleblowing?
If an employee has evidence or reasonably believes that malpractice in an organisation is occurring he or she can bring it to the attention of someone in authority at the business without fear of retribution
Why is having a grievance procedure important?
As if there isn’t a grievance procedure employees may feel as if the employer isn’t bothered in listening to employees this will make the morale decrease in the business as they feel as if there view is worthless.
Name 2 regulations/directives that come from EU law
Working Time Directive-Max 48hours per week on average
What is meant by the term dismissal
The termination of employment by an employer against the will of the employee.
What is meant by redundancy?
Where the job that used to be performed no longer exists and so the employee is surplus to requirements.
What is meant by unfair dismissal?
Unfair dismissalis when an employee isdismissedfrom their job in a harsh, unjust or unreasonable manner.
What is meant by wrongful dismissal?
Terminationof a contract of employment without due process or in a manner that violates the terms of the contract.
Explain the purpose of an employment tribunal.
A special court which deals with employee’s claims for matters such as unfair dismissal, discrimination or victimisation by their employer.
Explain 2 ways the Employment Acts of the 1980s weakened trade unions.
A union must now ensure that all members can vote in secret if it wants to call a strike, Union members can no longer be intimidated into voting for a strike at a public held on the spur of the moment.
Striking is legal but must be peaceful, the police can restrict the number of strikes if they think it is necessary to prevent a breach of the peace.
