Chapter 11: Employment Law Flashcards
(19 cards)
Terms of an Employment Contract
Employee Duties are as Follows:
- Faithful Service
- Obey Lawful and Reasonable Orders
- Reasonable Skill and Care
- Personal Service
- Confidentiality
- Account for Money Received
Terms of an Employment Contract
Employer Duties are as Follows:
- Indemnify Expenses
- Pay Reasonable Remuneration
- Provide Work if Necessary to Maintain Skills
No Duty to Provide a Reference to New Employer.
Written Particulars of an Employment Contract
What Act Requires Employers to Provide Written Statements to Employees?
The Employments Right Act 1996.
Section 1
Written Particulars of an Employment Contract
When Must an Employee Have Their Principal Statement?
On or Before the First Day of Employment.
Written Particulars of an Employment Contract
The Principal Statement Must Include the Following:
- Names
- Dates
- Job Title
- Remuneration Details
- Information on Health and Safety Rules
- Period of Employment (Where Indefinite)
- Place of Work
Written Particulars of an Employment Contract
When Must a Employee Have a Wider Written Statement?
Within Two Months of Their Employment Start Date.
Written Particulars of an Employment Contract
A Wider Written Statement Must Include the Following:
- Pensions and Pension Schemes
- Collective Agreements
- Other Right to Non-Compulsary Training Provided by Employer
Lawful Termination
What is the Statutory Notice Period?
One Week for Each Year of Continuous Employment.
Capped at Twelve Weeks.
Breach of Contract
What is an Example of a Summary Dismissal Without Cause?
The Payment of a Sum in Lieu of Notice.
Breach of Contract
What is an Example of a Constructive Dismissal?
An Employer Now Requires an Employee to Work Night Shifts.
Where Previously Not Agreed
Unfair and Wrongful Dismissals
What are Unfair and Wrongful Dismissal Given Under?
The Employment Rights Act 1996 and Common Law.
Respectively
Unfair and Wrongful Dismissals
Unfair Dismissal Occurs Where Either:
- The Procedure for Dismissal is Not Fair; or
- The Reason for Dismissal is Unfair.
Unfair and Wrongful Dismissals
What is the Minimum Period of Employment for Rights Following Dismissal?
Two Years.
Unfair and Wrongful Dismissals
Fair Reasons for Dismissing Employees Include the Following:
- Ability
- Conduct
- Redundancy
Unfair and Wrongful Dismissals
What is the Remedy for Wrongful Dismissal?
Damages.
Mitigated Where Available
Unfair and Wrongful Dismissals
The Remedies for an Unfair Dismissal are:
- Re-Instatement - Same Company and Job Role
- Re-Engagement - Same Company Different Job Role
- Compensation
Unfair and Wrongful Dismissals
How is Compensation Taxed?
As Residual Termination Payments.
Under Section 3(6) of ITEPA 2003
Unfair and Wrongful Dismissals
How is a Claim for Unfair Dismissal Processed?
On Notification to ACAS.
Which Could Proceed to Employment Tribunal.
Office Holders
The Following Titles Would be Employees:
- Associate Directors; and
- Executive Directors
Non-Executive Directors are More Likely Not to be Employees.
