Topic 8 - Employment and further aspects of law Flashcards
(9 cards)
1
Q
Essential elements for a contract of service
A
- personal service - own work and skill
- control - in terms of what, how and where you work
- mutuality of obligations
2
Q
Notice Period
A
- < 2 years - 1 week
- > 2 years but <12 years - 1 week per year of continuous employment
- > 12 years - 12 weeks
3
Q
Objective justification test
discrimination
A
discriminstion was proportionate means of meeting a legitimate aim (no other reasonable alternative)
4
Q
Unfair dismissal
A
- WHY you were dismissed
- must be an employee to make a claim and continuously employed for at least 2 years
- must make cliam within three months
May occur by:
* termination with, or without notice
* non-renewal of fixed term contract
* constructive dismissal
5
Q
Automatic unfair dismissals
A
- pregnancy
- spent convinction under Rehabilitation of Offenders Act 1974
- trade union membership
- taking steps to protect yourself in imminent danger
- enforcing statutory rights
- protected disclosure under Public Interest Disclosure Act (PIDA 1998)
Not required to have 2 years continuous employment
6
Q
Remedies of unfair dismissal
A
- Reinstatement - same job
- Re-engagement - new job with same employer on comparable terms
- Compensation - based on age and length of service
7
Q
ACAS code of practice
A
- An employee who doesn’t comply with ACAS code of practice may have their claim reduced by 25%
- If the relevant procedures were not carried out, the dismissal may be unfair and award may increased by up to 25%
8
Q
Wrongful dismissal
A
- HOW you were dismissed
May occur when:
* terminates employment with no notice or insufficient notice
* terminate contract before the expiry
* dismissed on grounds not included in contract
* selected for redundancy in breach of selection procedure
9
Q
Redundancy
A
- Employer has ceased, or intends to cease, to carry on in business for the purposes of which the employee was employed or in the place they were employed
- must be an employee and 2 years of continuous employment in order to make a claim
- claim must be brought in 6 months
