Lecture 10

Question 1

What is contract of service?

What is contract of services

New and updated

Answer 1

Contract of service= self employed

Contract of services = worker ( like me)

Question 2

How do you test who is employed or who is self employed test

5 things to check

Answer 2

1. Control test = who controls work
2. Intergeration= how intergerated is this person . Like how much knowledge and experience
3. Mutuality of obligation = who is the employer obliged to provide work
4. Ir35 = hmrc website
5. Multiple test/ economic test = questions they answer

Question 3

What is unfair dismissal?

What if fair dismissal?

What is summary dismissal?

What is wrongful dismissal?

What 3 things can you do if you were unfairly dismissal?

What is constructive dismissal?

Where do employment law cases happen?

What is minimum notice an employer must give?

Answer 3

1. Unfair dismmial = unfairly getting rid of someone
2. Fair dismmial = normal reason to get of rid of someone like they do not know how to do something or like redundancy
3. Summary dismmial = getting rid of someone without giving them proper any notices
4. Wrongful dismmial = dismissal in breach of contract
5. 1. Reinstamtnet , rengament or compensation

Constructive dismissal = when employer does something inappropriate so you have to like terminate your contract.

6. Employment tribunal
7. 12 weeks

Question 4

NEW LEARNING:
What is redundancy procedures? 4

Answer 4

1. Must be contionulsy employed for two years
2. Claim employment tribunal within 6 months
3. Redundancy award is based age, length and weekly pay
4. Must prove he was dismissed unfairly