Lecture 7 - Employment Law Flashcards
What are general employment rights?
Not to be unfairly dismissed
The right to a proper period of notice or payment instead
To be paid a redundancy payment
Not to be discriminated against
Liability for acts of employees
Employers are liable for the acts of their employees carried out in the course of their employment
Even if the act is prohibited, the employer is still liable if the act is merely a negligent way of doing the job.
(Must have liability insurance for this)
Injuries at work
Employers again must have insurance.
They will not be liable for genuine accidents, such as employees tripping over, but they would be if they tripped over a hole in the carpet.
What are the maternity rights of employees?
- Paid time off for ante-natal care
- Statutory Maternity pay for a fixed period
- Up to 52 weeks maternity leave, with all rights of employment remaining (except to be paid)
- The right to return to work in a similar job on the same terms.
When is there a right to not be unfairly dismissed?
After two years’ continuous employment. The right will also not prevent the dismissal, but will entitle the employee to damages by the Employment tribunal.
Some dismissals are automatically unfair:
Pregnancy, Trade Union, Age/race/gender etc
How is compensation divided?
Basic reward (maximum of just over £14'000) Compensatory reward based on the actual financial loss suffered. (Maximum around 1 year gross pay)
When is fair dismissal possible?
Conduct
Capability
Redundancy
Illegality
Even fair dismissals must prove the employer acted fairly, otherwise it is still liable for damages.
What is Constructive Dismissal?
This is when an employer breaches the terms of a contract, and thus the employee is entitled to resign and claim constructive dismissal. ie ‘Resign or you’ll be fired’
What is wrongful dismissal?
The entitlement of an employee to a specific period of notice of termination, unless there is gross misconduct, dishonesty etc. Must be at least a minimum of one week’s notice for each year of employment (up to 12 weeks)
Employers can have the employee leave immediately as long as they pay them the period of notice.
