Employee Status and rights Flashcards Preview

Cilex Level 6 Employment law > Employee Status and rights > Flashcards

Flashcards in Employee Status and rights Deck (20)
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1

Types Employment status

Employees
Workers
Independent Contractors
Employee Shareholders

2

Employee definition

Defined under ERA 1996 S230(1) An individual who has entered into or work(ed) under a contract of employment

3

What is a contract of Employment as defined by S230(2) Employment Rights Act 1996 (ERA 1996)

A Contract of service or apprenticeship

4

Worker definition

Defined under ERA 1996 S230(3) an individual who performs work or services for another party whose status is not that of a client or customer (example Agency worker/zero hours workers)

5

Independent Contractor

Also known as self employed/sole trader/consultant work under a contract for service have little statutory employment protection

6

Employee Shareholder (Rare)

Scheme introduced in 2013 and is Voluntary in return for shares in the company worth a minimum of 2K they waive there rights to claim unfair dismissal/statutory redundancy/flexible working request or request training

7

Protection from Unfair dismissal

Employee Yes
Worker - No

8

Statutory Redundancy Pay

Employee - Yes
Worker - No

9

Protection during a transfer of undertaking (TUPE)

Employee - Yes
Worker - No

10

National Minimum wage

Employee - Yes
Worker - Yes

11

Protection Against unauthorised deductions from pay

Employee - Yes
Worker - Yes

12

Rights under the Working time regulations 1998 rest breaks/paid holiday/limits on night work

Employee - Yes
Worker - Yes

13

Maternity, Paternity and adoption leave and pay

Employee - Yes
Worker - pay only

14

Statutory Sick Pay

Employee - Yes
Worker - Yes

15

Protection against less favorable Treatment because of being Part time

Employee - Yes
Worker - Yes

16

Protection against less favorable Treatment for making a disclosure in the public interest(whistle blowing)

Employee - Yes
Worker - Yes

17

Protection from discrimination (9 protected characteristics)

Employee - Yes
Worker - Yes

18

Right to Equal Pay

Employee - Yes
Worker - Yes

19

Right to a statement of particulars of terms

Employee - Yes
Worker - Yes

20

EU definition of a Worker

is the person under an obligation to work for another ?
Is the work done for monetary reward?
Is the person subject to the direction of another?