SGS 16 - employment law Flashcards
What is the statutory minimum of notice for an employee who has worked for a company for 2 or more years?
1 week’s notice for every year served but subject to a maximum of 12 years (i.e 12 weeks’ notice)
What 3 things do you need to establish for an unfair dismissal claim?
1) that there was a dismissal (includes constructive dismissal)
2) that the employee served for 2 or more years
3) not in an excluded category (e.g police/armed forces)
What 2 things do you need to show to defend an unfair dismissal claim?
1) that the reason for the dismissal was fair
2) that the dismissal was fair in all the circumstances
To comply with ACAS COP 1, what should the employer do?
1) establish the facts of the case
2) inform the employee of the problem
3) hold a meeting with the employee to discuss
4) decide on appropriate action
5) provide an opportunity to appeal
in unfair dismissal, how is the basic award calculated?
[AGE OF DIRECTOR] x [YEARS OF SERVICE] x [WEEK’S PAY]
When deciding whether a restrictive covenant is reasonably necessary, what will the court consider?
1) the duration of the covenant
2) the geographical scope of the covenant
3) the needs/interests of the business
4) the duties of the employee
5) whether a lesser restriction would suffice
What are the conditions a settlement agreement must satisfy to comply with s203 ERA?
1) must be in writing
2) must relate to particular proceedings or specific claim being settled
3) must name an independent legal advisor from whom the employee has received advice as to the terms and effect of the agreement
4) must ensure that the legal advisor is protected by professional indemnity insurance
5) needs to state that the conditions regulating settlement agreements have been satisfied (aka these conditions)
Up to what amount of a payment of compensation for loss of office can be paid tax-free?
£30,000 - anything after subject to tax
