Section 5 - Legal enforcement and disputes resolution, employees policies and engagement Flashcards
employment contract: open clause on job duties
can ask to do other tasks in the activity in order to fulfill your job (administrative work, event organization, class trip etc in the case of a lecturer);
U.K. continuous employment: how does it work
for the first 2 years you can be dismissed with no protection
minimum working hours in the U.K.
35
U.K. continuous employment: probationary period
period in which the 2 parts can decide to exit from the contract, it is kind of a “test” period, usually from 6 to 12 months. In the U.K. when you finish it, until you have a continuous employment you can be dismissed at any time
max working hours in france
35
max working hours in EU (reference period)
48
how the pay level is determined in italy and france?
in an Italian or French employment contract, the pay level is determined by a national/regional collective agreement, where you also find the normal working hours (where you can also find the minimum/average remuneration).
protected char. under Equality Act 2010
age, race and ethnicity, sex, sexual orientation, religion, gender, disability, marital status, pregnancy
termination of contract: by agreement
- contractual notice
- variation of contract – leaving early
termination of contract: by business
dismissal
repudiatory breach
discrimination or harassment
termination of contract: in breach by workers
leaving without notice or misconduct
when an employer breaches a contract when dismissing (wrongful dismissal). who has the onus?
onus on the EMPLOYEE to SHOW BREACH
unfair dismissal: when the employer dismiss the employee and the employee did not breach the contract (ex. gave notice). who has the onus?
onus on the EMPLOYER to show FAIRNESS (a good reason for terminating)
EU “Whistleblower Protection” Directive 2019/1937
reporting breaches of EU law only
UK Public Interest Disclosure Act 1998: who can I disclose to?
- disclose to the company and get protection from victimization or harassment
- can only disclose outside the company to specific public bodies (NOT THE PRESS)
UK Public Interest Disclosure Act 1998: a PIDA disclosure is a breach of confidence?
No
UK Public Interest Disclosure Act 1998: how must be the disclosure?
factual, reasonable and public or general interest (not personal)
difference between misconduct’ (discipline) and ‘gross misconduct’
‘gross misconduct’ = immediate dismissal
* gross misconduct is so serious the relationship cannot continue (eg theft from employer)
does the misconduct have to be during the employment?
Not necessarily (esp. if contract has provision on this)
– e.g. taxi drivers convicted of domestic assault, solicitors convicted of shoplifting
what is the employment tribunal system in the UK?
- Supreme Court (house of Lords)
- Court of Appeal
- Employment Appeal Tribunal
- Employment Tribunals
what is the TUPE 2006 protection?
Transfer of Undertakings Protection of Employment rights
It provide rights to employees when their employment changes when a business is transferred to a new owner, allowing them to automatically TRANSFER THEIR EMPLOYMENT to the new employer, keeping almost all their existing terms and rights.
Does the TUPE 2006 protection apply to share sales?
no
3 main implications of TUPE transfer
- automatic transfer of employment contracts with almost all rights and liabilities preserved
- special unfair dismissal protection for employees dismissed in connection with the transfer
- information and consultation requirements
in a TUPE transfer are collective agreements and trade unions recognized?
yes