Lecture 7 - Employment Law Flashcards
Employment rights (4)
- Not to be unfairly dismissed
- Right to proper period of notice/ payment instead
- To be paid redundancy payment if job becomes redundant
- Not to be discriminated against
Is there legal obligation to give contract of employment?
No
Liability for acts of employees
Employers generally liable for the acts of their employees carried out in the course of their employment
Injuries at work
Employer has duty to provide safe place at work and safe work systems
References
No legal entitlement to reference from employer on termination of employment. If one provided, must be fair and accurate
Unfair dismissal minimum service
Right to claim only arises after 2 years’ continuous service
Remedies in unfair dismissal
- Re-instatement (less common)
- Re-engagement (different job
- Compensation
Compensation divided into:
- Basic award > based on age, salary and length of service
- Compensatory award > based on actual financial loss
Dismissals which are automatically unfair (3):
- Gender, race, ethnicity, nationality
- Pregnancy
- Trade union activity
Even if dismissal fits within ‘fair’ category..
Employer must show they acted fairly in treating reason as sufficient to justify dismissal
Constructive dismissal
When employer breaches terms of contract of employment. Employee then entitled to resign and claim constructive dismissal. Eg ‘resign or you’re fired’
Wrongful dismissal
Entitlement of employee to specific period of notice (NOT related to unfair dismissal)
Redundancy
Job becomes redundant NOT person
Right to receive redundancy payment arises after..
2 years’ continuous employment
If employee dismissed for redundancy but then effectively replaced…
Not true redundancy
