Lecture 5

Question 1

employment relationship?

Answer 1

arises when one person (employee) supplies skill & labour to another person (employer) in return for payment

contractual relationship

Question 2

sources of contractual terms for employment contracts?

Answer 2

letter of employment (within 2 months of commencement)

notice displayed

common law

statutes

Question 3

two types of workers in an organisation?

Answer 3

employee
independent contractor

Question 4

distinctive characteristics of employees compared to independent contractors?

Answer 4

• employer is liable to deduct tax & NIC from employees
• more statutory protection for employees
• employees enjoy preferential rights

Question 5

what are the duties of an employer?

Answer 5

• duty to pay wages
• duty to pay minimum wages
• duty to deduct from wages (income tax & NIC)
• duty to deduct for stock losses/cash shortages (can’t deduct more than 10%)
• itamised pay slip (not applicable if worker does less than 8hrs per week or if employer has less than 20 employees)
• duty of payment during absence
• duty to provide work
• duty to guarantee wages when work isn’t provided
• duty to provide safe work environment
• duty to behave appropriately towards employees
• duty to reimburse costs to employees
• duty to not employ legal immigrants

Question 6

statutory rights of employees?

Answer 6

• sex discrimination act 1986
• equal pay act 1970
• employment rights act 1996
• disability discrimination act 1995
• race relations act

Question 7

sex discrimination act 1986 = ?

Answer 7

act to prevent discrimination in the workplace based upon sex

• disallowed as direct (overt)/indirect (implicit) discrimination
• disallowed before selection/during employment
• disallowed as a reason for terminating employment
• sexual discrimination isn’t always illegal

Question 8

equal pay act of 1970 = ?

Answer 8

enforces the equality clause

people who are equally competent must be remunerated fairly in a meritocratic fashion

Question 9

employment rights act 1996 = ?

Answer 9

• female workers are entitled to a minimum level of rights
• dismissal due to pregnancy is disallowed
• right to time off for antenatal care
• right to maternity leave for up to 52 weeks & be paid

Question 10

race relations act = ?

Answer 10

act enforcing equality based upon races during employment

Question 11

disability discrimination act 1995 = ?

Answer 11

act enforcing equality for disabled individuals during employment

Question 12

what are other statutory rights of an employee?

Answer 12

right to take time off for:
- to look for new jobs after redundancy
- to carry out public duties
- for training

Question 13

implied duties of employees = ?

Answer 13

• must act with reasonable care and skills
• must be loyal & faithful to employer
• must carry out all lawful orders
• must not disclose trade secrets and confidential information
• employer is entitled to patent rights for innovations made with employer resources
• restraint of trade (may have restrictions regarding subsequent employment)

Question 14

what are the two ways a contract of employment can be terminated?

Answer 14

• by giving notice
• by dismissal

Question 15

termination of employment contract by notice constitutes…?

Answer 15

• contract for a fixed time
• contract for a particular job
• contract for indefinite time period

Question 16

termination of employment contract by dismissal constitutes…?

Answer 16

• instant dismissal
• wrongful dismissal
• constructive dismissal
• unfair dismissal

Question 17

instant dismissal of employment = ?

Answer 17

employee is at fault and has broken a condition

giving right to employer to repudiate contract (instant dismissal)

e.g., due to disobedience, negligence, lack of competence, other serious misbehaviour

Question 18

wrongful dismissal of employment = ?

Answer 18

employee is wrongfully dismissed

common law remedy is given to employee

employer is liable to breach of contract due to not giving notice

damages = wages for the notice period

Question 19

difference between wrongful and instant dismissal of employee?

Answer 19

wrongful = remedy to employee

instant = remedy to employer

Question 20

constructive dismissal of employee = ?

Answer 20

serious misconduct of employer urging employee to leave the company voluntarily

employee can leave without notice, but can use excuse of employer’s misconduct

Question 21

unfair dismissal of employment = ?

Answer 21

employee is dismissed unfairly

statutory remedy is applied

remedies include reinstatement, re-engagement or a monetary award

Question 22

difference between unfair and wrongful dismissal?

Answer 22

wrongful dismissal occurs without notice

unfair dismissal is done with or without notice