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ICAEW Law 11: Employment, data protection and intellectual property law. > 11. The employment contract and implied terms within it. > Flashcards

11. The employment contract and implied terms within it. Flashcards

(64 cards)

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1
Q

An employment contract (can / can not) be oral.

A

can

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2
Q

An employment contract (must / need not) be in writing.

A

need not

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3
Q

An employment contract is an A, SBC, made with ITCLR.

A

agreement, supported by consideration, made with the intention to create legal relations

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4
Q

A change in a employment contract can generally only be made with the consent of …

A

both parties

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5
Q

An express term allowing variation, such as a mobility clause, must be exercised …

A

reasonably and in good faith

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6
Q

At the beginning of an employment, the employer must provide the employee with a …

A

written statement of initial employment particulars

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7
Q

A statement of particulars (is /is not) an employment contract.

A

is not

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8
Q

Requirements for a statement of particulars: N*, D, CS, P, H, B, PP, TE, N

A

names

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9
Q

Requirements for a statement of particulars: N, D*, CS, P, H, B, PP, TE, N

A

dates

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10
Q

Requirements for a statement of particulars: N, D, CS*, P, H, B, PP, TE, N

A

continuous service

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11
Q

Requirements for a statement of particulars: N, D, CS, P*, H, B, PP, TE, N

A

pay

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12
Q

Requirements for a statement of particulars: N, D, CS, P, H*, B, PP, TE, N

A

holidays

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13
Q

Requirements for a statement of particulars: N, D, CS, P, H, B*, PP, TE, N

A

benefits

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14
Q

Requirements for a statement of particulars: N, D, CS, P, H, B, PP*, TE, N

A

probationary period

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15
Q

Requirements for a statement of particulars: N, D, CS, P, H, B, PP, TE*, N

A

training entitlement

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16
Q

Requirements for a statement of particulars: N, D, CS, P, H, B, PP, TE, N*

A

notice

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17
Q

If an employer fails to provide an employee with a statement of particulars, they may appeal to an employment tribunal for a … of what the terms should be.

A

declaration

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18
Q

Implied duties of an employee: F*, O, C, RCAS, PS, TAC

A

fidelity

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19
Q

Implied duties of an employee: F, O*, C, RCAS, PS, TAC

A

obedience

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20
Q

Implied duties of an employee: F, O, C*, RCAS, PS, TAC

A

confidentiality

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21
Q

Implied duties of an employee: F, O, C, RCAS*, PS, TAC

A

reasonable care and skill

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22
Q

Implied duties of an employee: F, O, C, RCAS, PS*, TAC

A

personal service

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23
Q

Implied duties of an employee: F, O, C, RCAS, PS, TAC*

A

trust and confidence

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24
Q

An employee working for a competitor would be in breach of the implied term of … within their employment contract.

A

fidelity

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25
An employee accepting bribes or commissions to the detriment of their employer would be in breach of the implied term of ... within their employment contract.
fidelity
26
An employee refusing to perform a reasonable, lawful act within their agreed duties would be in breach of their implied duty of ...
obedience
27
An employee disclosing information, including patents and trademarks to which they have contributed during their employment, would be in breach of their implied duty of ...
confidentiality
28
An employee being careless or reckless with their work would be in breach of their implied duty to exercise ...
reasonable care and skill
29
An employee attempting to send a substitute without permission to do their work for them would be in breach of the implied duty of ...
personal service
30
An employee making ujustifiable complaints about their employer would be in breach of the implied term of ...
mututal trust and confidence
31
Implied duties of an employer: RR* (CPN), I, HaS, PoW, AR (IG), C, TAC
reasonable remuneration
32
Implied duties of an employer: RR, I*, HaS, PoW, AR (IG), C, TAC
indemnity
33
Implied duties of an employer: RR, I, HaS*, PoW, AR (IG), C, TAC
health and safety
34
Implied duties of an employer: RR, I, HaS, PoW*, AR (IG), C, TAC
provision of work
35
Implied duties of an employer: RR, I, HaS, PoW, AR (IG)*, C, TAC
accurate reference (if given)
36
Implied duties of an employer: RR, I, HaS, PoW, AR (IG), C*, TAC
confidentiality
37
Implied duties of an employer: RR, I, HaS, PoW, AR (IG), C, TAC*
trust and confidence
38
An employer attempting to force an employee to take sole responsibility for a tortious act committed in the course of their employment would be in breach of their implied duty of ...
indemnity
39
An employer attempting to compel their employee to accept unreasonable risks outside the terms of their employment is in breach of their implied duties regarding ...
health and safety
40
An employer who keeps employees idle without pay is in breach of their implied duty to ...
provide work
41
An employer (can / can not) be compelled to provide a reference.
can not
42
Information unknown to an employee, for example customer complaints, (can / can not) be disclosed in any reference given by an employer.
can not
43
If an employer provides a reference, they must exercsise ... in doing so in order that the information within it is accurate and gives a fair impression of the employee.
reasonable care and skill
44
If an employer provides a reference, they must exercsise reasonable care and skill in doing so in order that the information within it is ... and gives a fair impression of the employee.
accurate
45
If an employer provides a reference, they must exercsise reasonable care and skill in doing so in order that the information within it is accurate and gives a ... of the employee.
fair impression
46
An employer disclosing information about their employee to third parties without permission is in breach of their implied duty of ...
confidentiality
47
An employer conducting their business in a disreputable fashion, for example deliberately paying suppliers late, is in breach of their duty to maintain ... with their employees.
mutual trust and confidence
48
There (is / is not) an implied duty for an employer to protect an employee's property.
is not
49
If a breach of a legal duty surrounding employment is important enough, the injured party may ... and sue for damages.
treat the contract as discharged
50
If a breach of a legal duty surrounding employment is important enough, the injured party may treat the contract as discharged and ...
sue for damages
51
Employees doing '...' must receive the same remuneration.
equal work of equal value
52
Areas in which statute implies terms into employment contracts: P*, HaS, D, PR, NP, R
pay
53
Areas in which statute implies terms into employment contracts: P, HaS*, D, PR, NP, R
health and safety
54
Areas in which statute implies terms into employment contracts: P, HaS, D*, PR, NP, R
discrimination
55
Areas in which statute implies terms into employment contracts: P, HaS, D, PR*, NP, R
parental rights
56
Areas in which statute implies terms into employment contracts: P, HaS, D, PR, NP*, R
notice periods
57
Areas in which statute implies terms into employment contracts: P, HaS, D, PR, NP, R*
redundancy
58
Common law requires that employment contracts are terminated with ... notice.
reasonable
59
An employee with service of up to ... is entitled to a statutory notice period of not less than 1 week.
2 years
60
An employee with service of up to 2 years is entitled to a statutory notice period of not less than ...
1 week
61
An employee with service in excess of 2 years is entitled to a statutory notice period of not less than ... per year of continuous employment, up to a maximum of 12 weeks.
1 week
62
An employee with service in excess of 2 years is entitled to a statutory notice period of not less than 1 week per year of ..., up to a maximum of 12 weeks.
continuous employment
63
An employee with service in excess of 2 years is entitled to a statutory notice period of not less than 1 week per year of continuous employment, up to a maximum of ...
12 weeks
64
Implied duties of an employer: RR (CPN*), I, HaS, PoW, AR (IG), C, TAC
contractual provisions notwithstanding

ICAEW Law 11: Employment, data protection and intellectual property law. (7 decks)

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