Section 5 - Legal enforcement and disputes resolution, employees policies and engagement

Question 1

employment contract: open clause on job duties

Answer 1

can ask to do other tasks in the activity in order to fulfill your job (administrative work, event organization, class trip etc in the case of a lecturer);

Question 2

U.K. continuous employment: how does it work

Answer 2

for the first 2 years you can be dismissed with no protection

Question 3

minimum working hours in the U.K.

Answer 3

35

Question 4

U.K. continuous employment: probationary period

Answer 4

period in which the 2 parts can decide to exit from the contract, it is kind of a “test” period, usually from 6 to 12 months. In the U.K. when you finish it, until you have a continuous employment you can be dismissed at any time

Question 5

max working hours in france

Answer 5

35

Question 6

max working hours in EU (reference period)

Answer 6

48

Question 7

how the pay level is determined in italy and france?

Answer 7

in an Italian or French employment contract, the pay level is determined by a national/regional collective agreement, where you also find the normal working hours (where you can also find the minimum/average remuneration).

Question 8

protected char. under Equality Act 2010

Answer 8

age, race and ethnicity, sex, sexual orientation, religion, gender, disability, marital status, pregnancy

Question 9

termination of contract: by agreement

Answer 9

• contractual notice
• variation of contract – leaving early

Question 10

termination of contract: by business

Answer 10

dismissal
repudiatory breach
discrimination or harassment

Question 11

termination of contract: in breach by workers

Answer 11

leaving without notice or misconduct

Question 12

when an employer breaches a contract when dismissing (wrongful dismissal). who has the onus?

Answer 12

onus on the EMPLOYEE to SHOW BREACH

Question 13

unfair dismissal: when the employer dismiss the employee and the employee did not breach the contract (ex. gave notice). who has the onus?

Answer 13

onus on the EMPLOYER to show FAIRNESS (a good reason for terminating)

Question 13

EU “Whistleblower Protection” Directive 2019/1937

Answer 13

reporting breaches of EU law only

Question 14

UK Public Interest Disclosure Act 1998: who can I disclose to?

Answer 14

• disclose to the company and get protection from victimization or harassment
• can only disclose outside the company to specific public bodies (NOT THE PRESS)

Question 15

UK Public Interest Disclosure Act 1998: a PIDA disclosure is a breach of confidence?

Answer 15

No

Question 16

UK Public Interest Disclosure Act 1998: how must be the disclosure?

Answer 16

factual, reasonable and public or general interest (not personal)

Question 17

difference between misconduct’ (discipline) and ‘gross misconduct’

Answer 17

‘gross misconduct’ = immediate dismissal
* gross misconduct is so serious the relationship cannot continue (eg theft from employer)

Question 18

does the misconduct have to be during the employment?

Answer 18

Not necessarily (esp. if contract has provision on this)
– e.g. taxi drivers convicted of domestic assault, solicitors convicted of shoplifting

Question 19

what is the employment tribunal system in the UK?

Answer 19

1. Supreme Court (house of Lords)
2. Court of Appeal
3. Employment Appeal Tribunal
4. Employment Tribunals

Question 20

what is the TUPE 2006 protection?

Answer 20

Transfer of Undertakings Protection of Employment rights

It provide rights to employees when their employment changes when a business is transferred to a new owner, allowing them to automatically TRANSFER THEIR EMPLOYMENT to the new employer, keeping almost all their existing terms and rights.

Question 21

Does the TUPE 2006 protection apply to share sales?

Answer 21

no

Question 22

3 main implications of TUPE transfer

Answer 22

1. automatic transfer of employment contracts with almost all rights and liabilities preserved
2. special unfair dismissal protection for employees dismissed in connection with the transfer
3. information and consultation requirements

Question 23

in a TUPE transfer are collective agreements and trade unions recognized?

Answer 23

yes

Question 24

in a TUPE transfer, which are the effects on the employment contract?

Answer 24

Contracts take effect after the transfer as if originally made between the employee and the transferee

All the transferor’s rights, powers, duties and liabilities in connection with the contract pass to the transferee

Transfer–connected dismissals are automatically unfair (whether before or after the transfer)

Question 25

what is the exception for special unfair dismissal protection for employees dismissed in connection with the transfer?

Answer 25

dismissal for ETO reasons: economic, technical, organizational reason entailing changes in the workforce

Question 26

what are redundacies?

Answer 26

Redundancy is a situation where an employee either loses their job because there is less work available, or they are dismissed for a reason not related to them

Question 27

ETO reasons include:

Answer 27

1. essential cost-saving requirements (economic reasons)
2. using new processes or equipment (technical reasons)
3. making changes to the structure of an organisation (organisational reasons)

Question 28

an employee shall be taken to be dismissed by reasons of redundancy if dismissal is wholly or mainly attributable to:

Answer 28

1. the fact that his employer has ceased or intends to cease to carry out business for the PURPOSE of which the employee was employed or in the PLACE where he was employed.
2. the fact that the requirements of that business for employees to carry out a particular KIND of work or a particular kind in the PLACE where the employee was employed have ceased or diminish.

disappearing business, disappearing workplace or job (JOB= reduced need for employees to carry out work of a particular KIND or to carry out work of a particular PLACE

Question 29

What is individual consultation in case of redundancy and what are the aims

Answer 29

The aim of individual consultation is to explain to an employee who is at risk of redundancy why the employer is proposing to make redundancies and has been provisionally selected for redundancy (explain the criteria) and the opportunity to express his / her views and ask any questions or identify any alternative

Question 30

individual consultation in case of redundancy: does it mean they have to agree?

Answer 30

Consultation does NOT mean that the employee and employee have to agree – but the employer must genuinely consider what the employee says.

Question 31

which are the main criteria to select for redundancy?

Answer 31

skills and knowledge; Attendance; Disciplinary records

Question 32

how should criteria to select for redundancy be?

Answer 32

• should reflect the current and future needs to the business;
• assessed over a fair period;
• objective / transparent method of assessment and clearly documented;
• score consistently