Enployment, Data Protection And Intellectual Property Law Flashcards
What does vicariously mean?
Through the actions of another person
I.e. if the church were sued for a vicar stealing lead from another church’s roof, the church would be vicariously liable
What are the minimum notice periods an employer must give for people who have worked (in the absence of express agreement):
> = 1 month but < 2 years
=> 2 years but < 12 years
> = 12 years
- not less than a week
- not less than one week per year of continuous employment
- not less than 12 weeks
How long do you have to be employed for to pursue a claim for unfair dismissal?
2 years UNLESS the reason is automatically unfair - i.e. you are pregnant
What do you have to prove to make a redundancy claim?
- that you were an employee
- two years of continuous employment has been served
- that you were dismissed by way of redundancy OR laid off or kept on short time for 4 or more consecutive weeks or 6 weeks in a period of 13 weeks
What is wrongful dismissal?
Dismissal with no or insufficient notice
Unfair selection for redundancy
Non-renewal of a fixed term contract
How long does copyright on written, dramatic, musical and artistic work last?
70 years from the authors death
How long does copyright last on sound and music recording?
70 years from when first published
How long does copyright on films last?
70 years after the death of the director, screenplay author and composer
How long does copyright of broadcasts last?
50 years
How long does copyright of published editions of written, dramatic or musical works last?
25 years from when first published
In the absence of automatically unfair reasons for dismissal, does an employee have to show that his principle reason for dismissing the employee is one of the potentially fair reasons contained in the employment rights act 1996?
Yes
Can you claim a redundancy payment if you are offered a job which is perceived to be lower in status than your previous one?
Yes
