Principles of Employment & Discrimination Law Flashcards
Explain the difference between the following terms and conditions of a contract: Express, Implied and Incorporated
Express - Spelt out in written words
Implied - Custom & Practice
Incorporated - Collective Agreements
Name the two types of dismissals
Fair and Unfair
Explain what is considered to be unfair dismissal under the Employment Rights Act 1996
Employees will be unfairly dismissed if their employer dismisses them because they :
Carry out or propose to carry out any activities which they have been designated by their employer to carry out
Perform or propose to perform any functions they have as official or employer-acknowledged health and safety reps or committee members
Bring to their employers attention, by reasonable means and in the absence of a rep or committee with whom it would be reasonably practicable for them to raise the matter; a concern about circumstances at work which they reasonably believe are harmful to health or safety
In the event of danger which they reasonably believe to be serious and imminent, take or propose to take appropriate steps to protect themselves and other persons from the danger
Briefly explain the remedies for unfair dismissal
Reinstatement - Employee to be treated as though dismissal had not occurred
Re-engagement - Employee to be re-employed but not necessarily in the same job or on the same terms and conditions of employment
Compensation
Briefly explain the possible awards of compensation
Basic Award - Minimum
Compensatory Award - Based on assessment of the financial loss suffered by the dismissed employee. There is no limit where the unfair dismissal is for reasons connected with H&S matters.
Additional Award - Only given in exceptional circumstances where the employer fails to reinstate or re-engage an employee who has been unfairly dismissed
Special Award - This is made where the employee has been dismissed for: Union activities or membership, Non-membership of a union trade, Redundancy on union membership grounds, Reasons associated with H&S matters.
Under what circumstances is it expressly covered in the Employment Rights Act 1996 that employees are not to be victimized?
Having been designated to carry out H&S duties by the employer, carried out or propose to carry out such duties
Being a safety rep or member of a safety committee, performed the functions of a safety rep or safety committee member
Being an employee at a place where there was no safety rep or safety committee, or there was such a safety rep or safety committee but it was not reasonably practicable to highlight the problem through the committee or safety rep, having brought to his employers attention problems connected with his work that he reasonably believed to be harmful or potentially harmful to H&S
Having left or proposed to leave or refused to return to his place of work or any dangerous part of such place in dangerous circumstances, which the employee reasonably believed to be serious and imminent and which is could not reasonably have been expected to avert
Taking or proposing to take appropriate steps to protect himself or others from danger in dangerous circumstances, which the employee reasonably believed to be serious and imminent
List the types of discrimination covered in the Equality Act 2010
Direct discrimination
Discrimination by association
Perception discrimination
Indirect discrimination
Briefly explain ‘Direct Discrimination’
Someone is treated less favorably than another person because of the protected characteristic they have or are thought to have
Briefly explain ‘Discrimination by Association’
Because they associate with another person who possesses a protected characteristic.
Briefly explain ‘Perception Discrimination’
The individual is perceived to have a protected characteristic
Briefly explain ‘Indirect Discrimination’
The company has a condition, rule or practice that applies to everyone but particularly disadvantages people who share a protected characteristic. It can be justified if it can be shown that the employer acted reasonably in managing the business and it was proportionate to achieve a legitimate aim.
What is an employer expected to do for a disabled person with regard to their Health & Safety?
To make reasonable adjustments
Under what circumstances is it acceptable to ask health-related questions?
To decide whether any reasonable adjustments need to be made for the person
To decide whether an applicant can actually carry out the job
To monitor diversity among people making applications
To take positive action to assist disabled people
