Employment Law: Part One

Mind map of employment law from the rights and protections of employees and the self-employed to the Health and Safety at Work Act 1974

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  • Employment Law
    • Self-employed
      • No contract
        • May have contract to provide services for fee over a fixed time
      • Pay own income tax and NIC
      • Decide how much to charge for work
      • Set own holidays
      • Do not get employment rights and protections
      • Must not be discriminated against
      • Must be kept safe is working on someone's property
      • Statutory rights:
        • Have a few protections
      • Health and Safety
        • Low level of care
      • Taxation
        • Submit annual accounts and pay tax themselves
      • National Insurance
        • Pay own
          • Usually only to lower welfare benefits and pension
      • Vicarious Liability
        • Person injures will sue self-employe person
          • Less likely to get claim fully paid
    • Employee
      • Contract of agreement
        • Setting out terms and conditions
      • Deductions for income before payment
        • Tax
        • NIC salary
        • Wages
      • Have rights relating to:
        • Maternity, adoption, pay
        • Statutory redundancy pay
        • Payment of national min. wage
        • Rest breaks
        • Paid holiday
        • Limit on night shifts
      • Right to be protected from:
        • Unfair dismissal
        • Unauthorised deductions from pay
        • Less favourable treatmentdue to being part time
        • Less favourable treatment for 'whistle blowing'
        • Unlawful discrimination
      • Statutory rights:
        • Protected:
          • Redundancy
          • Unfair dismissal
          • Maternity rights
      • Health and safety
        • High level of care owed
      • Taxation
        • Deducted from pay by employer
      • National Insurance
        • Deducted by employer
          • Employer also pays NI
      • Vicarious Liability
        • Employer liable for negligence
          • Employer sued by injured person
    • Employment Rights Act 1996
      • Written statement of employment
        • Employee's name
        • Employer's name
        • Date employment began
        • Holiday entitlement
        • Sick leave and pay
        • Details of pension
        • Job title and description
    • Express and Implied Terms
      • Express terms
        • Specified in contract
          • e.g. place of work, your job
      • Implied terms
        • Become part of contract through:
          • Custom and practice of employer/ee over time
      • Aims of employment contract
        • Maintain trust and confidence
        • Encourage employer /ee act in good faith
        • Ensure reasonable care in workplace
    • Discrimination
      • Indirect
        • Condition that affects one group more than another
          • e.g. stating that applicants must be clean shaven
      • Direct
        • Offensive to group of people
          • e.g. an employer will only employ men
        • Employer treats employee less favourably
          • e.g. because of their race
      • Types of discrimination
        • Gender
        • Disabilty
        • Age
        • Race
        • Sexual orientation
        • Religion
        • Sex
        • Nationality
        • Ethnicity
      • Other discrimination
        • Harassment
          • Aim to humiliate,or undermine target by:
            • Using offensive language
            • Intimidating behaviour
            • Sexist language
            • Racial abuse
        • Victimisation
          • Treating somebody less favourably
            • Tried to make a discrimination complaint
        • Situations
          • Being bullied in workplace
          • Mistreatment after fair request
            • e.g. minimum pay
          • Not being given a written statement of employment
          • No protection from unlawful deductions of wages
          • Unreasonable limits on work hours
          • Prevented from joining a trade union
    • Acts of Parliament
      • Equal Pay Act 1970
      • The Sex Discrimination Act 1975
      • Employment Act 2002
      • Disability Discrimination Act 1995
      • Gender Recognition Act 2004
      • Gender Reassignment Regulations 1999
    • Ending contracts
      • Dismissal
        • Fair
          • Legal dismissal of employee
          • Before dismissal employer must:
            • 1) Give verbal warning
            • 2) Give written warning
            • 3) Give opportunity to improve
          • Acceptable when:
            • Destruction of property
            • Breaking rules
            • Poor performance
            • Poor attendance
            • Persistant lateness
            • Incompetance
        • Constructive (illegal)
          • Employer makes life so hard employee's forced to leave
            • Working in dangerous conditions
            • Bullying, harassment or violence
            • Serious breach of contract
              • Non-payment
              • Sudden demotion
            • Forced to accept unreasonable changes
              • Day shifts change to night
              • Being relocated
        • Unfair (illegal)
          • No lawful reason for dismissal
        • Summary
          • Gross Misconduct
            • Fighting
            • Stealing
            • Arson
            • Serious bullying or harassment
            • Serious infringement of health and safety
            • Deliberate falsification of time-sheets
            • Accessing or distributing porn material
          • Employer needs to show:
            • Reasonable decision by good employer
            • Decision fair and reasonable in circumstances
            • Offence so wrong dismissal best option
          • Once employer dismissed employee he needs to:
            • Tell employee what he did wrong
              • With evidence
            • Invite employee to an appeal if asked for one
          • Acceptable when:
            • When gross misconduct is very serious
            • Alternative sanctions considered
            • Established gross misconduct took place
            • When employer becomes aware of conduct
      • Expirery
        • e.g. contract for one year completed
      • Redundancy
        • e.g. school shuts down
          • Teachers no longer needed
      • Resignation or Retirement
        • Chosen by employee
          • Must give notice as set out in contract
    • Health and Safety at Work Act 1974
      • Employer Rights and Responsibilities
        • Safe plant and systems of work
        • Safe methods for use, storing and transport
          • Transporting objects has to be safe and looked after
        • Necessary information
          • Supply adequate training or could be sued
        • Safe and well-maintained workplace
          • Workplace safe so you come and go safety
        • Safe working environment with adequate welfare facilities
          • Workplace kept tidy and safe
      • Employee Rights and Responsibilities
        • Take reasonable care of their own welfare
        • Care of anyone who's affected by their 'acts or omissions at work'
        • Cooperate with employer to meet legal requirements
          • Communicate with boss to ensure safety
      • Common Law duty
        • Safe competent working colleagues
        • Safe plant and equipment
        • Safe premises to work
        • Safe system of work
      • Employees the right to claim for injuries
        • Creates criminal liability
          • For failure to maintain safe system of work
          • Employer could be charged with criminal offences
            • Due to injury to employee at work from negligence
              • e.g. telling employee to work with chemicals although they're not qualified

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