Employment Law Flashcards
3 aspects of employment law
Employers are vicariously liable for the acts of employees
Employees have more rights than contractors (such as sick pay)
Tax rules are different for employees than contractors
Deciding if a person is an employee or contractor
MICE
Mutuality of intention
Integration
Control
Economic reality
Common law duties
Employer
Employee
Employer - reasonable care of employees, safe working, pay people, indmenify employees against expenses & losses. No duty to protect employee’s property, provide references, smoking facilities or flexible working
Employee - Not to compete with employer, competence to do job, obedience, account for money and property, skill and care, not to delegate duties without permission
Statutory duties
Pay
Hours
Pay - Minimum wage, Itemised payslip, Statutory sick pay, Stat. maternity and paternity pay
Hours - 48 hrs max over 17 week average, min 28 days annual leave, min 20minute break every 6 hr shift
Discrimination act
Equality act 2010 - can only discriminate if there is a genuine occupational requirement
Wrongful dismissal (without sufficient notice) Service requirements and damages calculated
No minimum employment period required, damages usually calculated by reference to difference between actual and contractual notice period
Unfair dismissal
reasons for dismissal
Employer mist act reasonably, including giving reason for dismissal in writing
Lack of ability, misconduct, theft, bad behaviour, redundancy
Unfair reasons for dismissal
Compulsory retirement, attending jury duty, trade union membership, taking steps to avert danger, pregnancy, whistle-blowing
Remedies for unfair dismissal
Reinstallment - to original role
Re-engagement - taking employee back in a difference capacity
Compensation - basic (statutory), compensatory (based on on annual net earnings), punitive (available if employer fails to reinstate)
