Tutorial 5

Question 1

contract of employment = ?

Answer 1

an agreement whereby an employee is obligated to work for an employer in exchange for salary & other benefits

Question 2

contract for employment = ?

Answer 2

a contract whereby a self-employe independent contractor provides a one-off service or completes some specific task in exchange for payment

independent contractor

Question 3

what type of relationship does a contract for employment give rise to?

Answer 3

a client-contractor relationship

Question 4

what type of relationship does a contract of employment give rise to?

Answer 4

an employer-employee relationship

Question 5

what’s the difference between a contract for employment and a contract of employment?

Answer 5

contract for employment exists only for the duration of service provision or task performance; contract of employment can be indefinite

employees gain additional rights and protection from law by default

Question 6

main duties of employers?

Answer 6

• duty to pay wages
• duty to provide itemised written pay statement
• duty to pay wages during absence due to illness
• duty to provide work
• duty to provide a reasonably safe system of work
• duty to reimburse expenses
• duty to behave reasonably towards employees

Question 7

what are the statutory rights of employees?

Answer 7

• sex discrimination act of 1986
• equal pay act of 1970
• employment rights act of 1996
• race relation act
• the disability discrimination act of 1995

Question 8

what are the four types of dismissals for employment contract terminations?

Answer 8

• instant dismissal
• wrongful dismissal
• constructive dismissal
• unfair dismissal

Question 9

instant dismissal = ?

Answer 9

remedy given to employer who dismisses an employee who seriously misbehaved

Question 10

wrongful dismissal = ?

Answer 10

remedy available to employee who has been dismissed without a justifiable reason or without proper notice

Question 11

constructive dismissal = ?

Answer 11

occurs when employee has the right to leave employment immediately due to serious misconduct by the employer

Question 12

unfair dismissal = ?

Answer 12

statutory remedy given to employee who has been dismissed either with or without notice unfairly

Question 13

difference between unfair and wrongful dismissal?

Answer 13

unfair dismissal is a statutory remedy under the employment rights act of 1996

wrongful dismissal is a contractual right which is only to do with the notice period