Lecture 5

Question 1

when does employment relationship arise?

Answer 1

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

Question 2

what type of relationship is an employment relationship?

Answer 2

primarily contractual relationship

therefore legal principles under contract law are applicable to the law of employment

Question 3

what are the various sources of contractual terms for employment relationships?

Answer 3

• the letter of employment
• notice displayed
• common law
• statutes

Question 4

explain the various sources of contractual terms for employment relationships?

Answer 4

letter of employment and notice displayed are expressed contractual terms (in writing)

common law and statutes are implied contractual terms

Question 5

two types of workers in law of employment?

Answer 5

employee or independent contractor

Question 6

why’s it important to distinguish between an employee and an independent contractor

Answer 6

• 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

Question 7

vicariously = ?

Answer 7

experienced through others

Question 8

what are the 10 duties of employers?

Answer 8

1. wages may be fixed by negotiation, agreement or be a reasonable wage
2. duty to pay minimum wage
3. duty to deduct income tax and NICs
4. duty to submit pay statement for each employee (not necessary if below 20 employees or worker works less than 8 hours per week)
5. duty to pay wages when worker is ill
6. duty to provide work where employees’ pay depends on work done
7. duty to pay when work isn’t provided
8. duty to provide safe system of work and safe work environment
9. duty to reimburse the employee against liabilities/expenses incurred during work
10. duty to behave reasonable towards employees

Question 9

what are the statutory rights of employees?

Answer 9

• sex discrimination act of 1986
• equal pay act of 1970
• employee rights act of 1996
• race relation act
• the disability discrimination act of 1995

Question 10

what is the sex discrimination act of 1986?

Answer 10

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

Question 11

what is the equal pay act of 1970?

Answer 11

prevents discrimination in remuneration, holidays and sickness pay

pay is based on merit

Question 12

what is the employment rights act of 1996?

Answer 12

act that gives rights to female workers in the event of maternity

Question 13

what is the race relation act?

Answer 13

employer shouldn’t discriminate against employees on the grounds of race

Question 14

what is the disability discrimination act of 1995?

Answer 14

it’s unlawful to discriminate against a disabled person

Question 15

what are other statutory rights of employees?

Answer 15

• 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

Question 16

what are some implied duties of employees?

Answer 16

• 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

Question 17

what are the two ways an employment contract can be terminated?

Answer 17

• by giving notice
• by dismissal

Question 18

how long may a contract of employment be?

Answer 18

for a fixed time period

for an infinite time period

for the duration of a particular job

Question 19

what is the notice period for termination of an employment contract determined by?

Answer 19

• by agreement
• via custom & practice
• reasonable notice
• under employment rights act 1996

Question 20

employment rights act of 1996?

Answer 20

provides the statutory minimum notice period (can be extended)

Question 21

what can be done in lieu of notice by an employer?

Answer 21

can pay wages in lieu of notice

Question 22

termination of employment contract by dismissal = ?

Answer 22

when an employer dismisses an employee to end their employment contract

Question 23

what are the 4 categories of dismissals?

Answer 23

instant dismissal
wrongful dismissal
constructive dismissal
unfair dismissal

Question 24

instant dismissal = ?

Answer 24

equitable remedy available to employer when employee has committed serious misconduct

dismissed without notice

Question 25

wrongful dismissal = ?

Answer 25

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)

Question 26

constructive dismissal = ?

Answer 26

employee has the right to leave employment immediately in the event of serious misconduct on the employer’s part

Question 27

unfair dismissal = ?

Answer 27

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

Question 28

examples of unfair dismissals?

Answer 28

• 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