Lecture 5 Flashcards
when does employment relationship arise?
when employee supplies skill and labour to employer in return for payment
this may be for a fixed period of time, an indefinite period of time or until completion of a job
what type of relationship is an employment relationship?
primarily contractual relationship
therefore legal principles under contract law are applicable to the law of employment
what are the various sources of contractual terms for employment relationships?
- the letter of employment
- notice displayed
- common law
- statutes
explain the various sources of contractual terms for employment relationships?
letter of employment and notice displayed are expressed contractual terms (in writing)
common law and statutes are implied contractual terms
two types of workers in law of employment?
employee or independent contractor
why’s it important to distinguish between an employee and an independent contractor
- an employer is liable to deduct NICs and income tax wages from an employee
- only employees have statutory protection in respect of sick pay, unfair dismissal, redundancy etc
- employers have preferential rights over other creditors if the employer becomes insolvent
- employers are vicariously liable for the wrongful acts committed by employees during employment
vicariously = ?
experienced through others
what are the 10 duties of employers?
- wages may be fixed by negotiation, agreement or be a reasonable wage
- duty to pay minimum wage
- duty to deduct income tax and NICs
- duty to submit pay statement for each employee (not necessary if below 20 employees or worker works less than 8 hours per week)
- duty to pay wages when worker is ill
- duty to provide work where employees’ pay depends on work done
- duty to pay when work isn’t provided
- duty to provide safe system of work and safe work environment
- duty to reimburse the employee against liabilities/expenses incurred during work
- duty to behave reasonable towards employees
what are the statutory rights of employees?
- sex discrimination act of 1986
- equal pay act of 1970
- employee rights act of 1996
- race relation act
- the disability discrimination act of 1995
what is the sex discrimination act of 1986?
it is illegal to discriminate against a female employee on the grounds of gender either directly or indirectly
direct discrimination = overtly treating a man favourably over a woman
indirect discrimination = implicit discrimination by calling for characteristics only a man can do
what is the equal pay act of 1970?
prevents discrimination in remuneration, holidays and sickness pay
pay is based on merit
what is the employment rights act of 1996?
act that gives rights to female workers in the event of maternity
what is the race relation act?
employer shouldn’t discriminate against employees on the grounds of race
what is the disability discrimination act of 1995?
it’s unlawful to discriminate against a disabled person
what are other statutory rights of employees?
- right to perform trade union deities
- right to training as a safety rep
- right to look for new jobs upon redundancy
- right to carry out public duties
what are some implied duties of employees?
- must exercise reasonable care & skill
- must work within contract terms
- must be loyal to employer
- must carry out lawful orders
- duty to not disclose trade secrets obtained during employment
- restraint of trade post employment
what are the two ways an employment contract can be terminated?
- by giving notice
- by dismissal
how long may a contract of employment be?
for a fixed time period
for an infinite time period
for the duration of a particular job
what is the notice period for termination of an employment contract determined by?
- by agreement
- via custom & practice
- reasonable notice
- under employment rights act 1996
employment rights act of 1996?
provides the statutory minimum notice period (can be extended)
what can be done in lieu of notice by an employer?
can pay wages in lieu of notice
termination of employment contract by dismissal = ?
when an employer dismisses an employee to end their employment contract
what are the 4 categories of dismissals?
instant dismissal
wrongful dismissal
constructive dismissal
unfair dismissal
instant dismissal = ?
equitable remedy available to employer when employee has committed serious misconduct
dismissed without notice
wrongful dismissal = ?
common law remedy available to an employee who’s been dismissed without a justifiable reason nor a proper notice
this is a breach of contract on the employer’s part
damages can be recovered from the employer (wages that would’ve been earned in the notice period)
constructive dismissal = ?
employee has the right to leave employment immediately in the event of serious misconduct on the employer’s part
unfair dismissal = ?
statutory remedy available to an employee who’s been dismissed either with or without notice
unfair dismissal is when employer doesn’t follow the fair procedure in dismissing the employee
examples of unfair dismissals?
- female worker is dismissed on the basis of her pregnancy
- employee is dismissed for taking part in trade union activities
- employee is dismissed for enforcing their statutory rights
