Topic 2: Definitions and Legislation

Question 1

Terms of Employment (Information) Act 1994

Answer 1

The Act applies as between employers and employees and also it applies to persons employed through employment agencies who are deemed for the purposes of this legislation to be employed by the party paying the wages.

Question 2

Express Terms

Answer 2

Terms agreed by the parties

Probation period & provision for extension
Expenses
Remuneration
Sick pay

Question 3

Implied Terms

Answer 3

Terms implied by legislation

Question 4

Minimum Notice and Terms of Employment Act 1973 - 2005

Answer 4

Employers must give minimum notice period in any contract of employment of employees who are employed for a qualified period of time.

An employer must give a minimum notice period to an employee who has been in continuous service for at least 13 weeks.
The period of notice is relative to the total period of continuous work.
Up to 2 years work = one week notice period.
2-5 years work = two weeks notice.
5-10 years = four weeks notice.
10-15 years = six weeks notice.
15 years and up = eight weeks notice.
The employer cannot contract out of these provisions with an employee.
An employee in continuous employment for more than 13 weeks must give at least one week’s notice

Question 5

Payment of Wages Act 1991 (amended last year)

Answer 5

The contract of employment sets out the remuneration to be received by the employee.
This legislation has a twofold purpose:
1. to provide protection for employees in relation to payment of their wages;
2. to repeal existing legislation.

Question 6

Protection of Employees (Fixed-Term Work ) Act 2003

Answer 6

Ensure that fixed term/purpose e.g. temporary workers are not treated any less favourably than comparable permanent workers
To regulate the use of fixed term/temporary employment contracts – prevent abuse arising from the use of successive fixed term contracts.