Module 12 Employing People

Question 1

Three types of workers

Answer 1

• Employees
• Workers
• Self-employed

Question 2

Employee

Answer 2

• Someone who works under a contract of employment
• All employees are workers
• Employees have more rights and responsibilities

Question 3

Worker

Answer 3

• Any individual who commits to personally perform any work or services for another party, whether by way of a contract or other arrangement
• Not under an employment contract
• Entitled to some rights like national minimum wage, paid annual leave, rest breaks and protection against unlawful discrimination

Question 4

Self-employed

Answer 4

• They are not performing work under a contract of employment
• A business that uses the skills of self-employed people will actually be a client

Question 5

Employee Rights

Answer 5

• Statutory Sick Pay
• Protection against unfair dismissal
• Statutory redundancy pay
• Maternity, paternity, adoption and shared parental leave and pay
• The right to request flexible working
• Rights to preferred payments in the event of employer’s insolvency

Question 6

Workers do not have other benifits

Answer 6

• Time off for emergencies
• Notice periods for termination
• No protection from unfair dismissal

Question 7

Express terms

Answer 7

Express terms of contract are those which are specifically stated in the contract of employment.

Question 8

Implied terms

Answer 8

Implied terms of contract are not specifically stated in the contract but are tacitly agreed

Question 9

Frustration of contract within employment

Answer 9

• Unforeseen event makes it impossible for one or both parties to fulfil the contract

Question 10

Vitiation of contract within employment

Answer 10

• Factors which will invalidate the contract
• May be due to information being provided that is misrepresented
• Extremley rare

Question 11

Repudiation of contract within employment

Answer 11

• Breach of contract is sufficiently serious that it renders the contract essentially useless
• Innocent party can terminate the contract

Question 12

Redundancy

Answer 12

• Redundancies can be either voluntary or non-voluntary
• Rights
  
  • Redundancy pay
  • Resonable time off work to look for new job
  • Not to be unfairly selected for redundancy

Question 13

Considerations for fairly selecting staff for redundancy

Answer 13

• Skills, qualifications and aptitude
• Standard of work or performance
• Attendance
• Disciplinary record

Question 14

If a business is making a certain amount of people redundant within in a time period there are collective consulations rules

Answer 14

• 20 or more people within a 90-day period
• Notify the Redundancy Payments Service before consultation
• Consult with trade union representatives or elected employee
• Provide information to the representatives/staff about the planned redundancies
• Respond to any further reasonable requests for information
• Give any affected staff termination notices detailing the agreed leaving date
• Issue redundancy notices once the consultation process is complete

Question 15

Special considerations within dispute prevention and resolution

Answer 15

• Eligible employees with 2 years’ service have the right to raise an unfair dismissal claim
• Employees with less than this length of service do not have general protection from unfair dismissal
• Whistleblowing or discrimination are speical circusmstances

Question 16

The main types of restrictive covenant

Answer 16

• Non-solicitation clauses
  
  • Employee approaching clients of the former employer
• Non-poaching covenants
  
  • Poaching former colleagues
• Non-dealing clauses
  
  • Employee from dealing with former clients
• Non-competition clauses
  
  • Restricts the former employee working in similar employment for a competitor

Question 17

Restrictive covenants are resonable when?

Answer 17

• Reasonable timescale and geography
• Restriction of more than 6-12 months is difficult to justify

Question 18

What legislation enforces data protection

Answer 18

Data Protection Act 2018 (“DPA”)

Question 19

ICO has the power to sanction employers and business including issuing fines of up to?

Answer 19

20 million euros or 4% of annual worldwide turnover whichever is higher

Question 20

All commerical organisations with a turnover of {…} or more are required to produce an {…}

(When?)

Answer 20

1. £36million
2. annual slavery and human tracfficking statment.

• Within 6 months of their fiancaical year end

Question 21

24 and under pay?

Answer 21

National Minimum wage

Question 22

25 and over

Answer 22

National Living Wage

Question 23

Apprentices

Answer 23

Entitled to different rates of pay dependent on their age and long they have been an apprentice

Question 24

Fundamental human rights

Answer 24

• Right to life
• Freedom from slavery and forced labour
• Freedom from torture and inhuman or degrading treatment
• Right to a fair trial
• Freedom of expression

Question 25

What is and is not legally binding on Human Rights

Answer 25

• United Nations has created a declaration of human rights however, it is not legally binding
• European Convention of Human Rights (EHCR) is legally binding
• The ECHR is enacted into UK legistaltion by the Human Rights Act 1998

Question 26

What protects the rights of induviduals and equality for all

Answer 26

The Equality Act of 2010

Question 27

The Equality Act of 2010

Answer 27

• Age
• Race
• Gender
• Sexual orientation
• Religion
• Disability
• Marriage/Civil partnership
• Gender reassignment
• Pregnancy/Maternity