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
- Created by: francescabroad
- Created on: 30-03-14 17:36
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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
- Pay own
- Vicarious Liability
- Person injures will sue self-employe person
- Less likely to get claim fully paid
- Person injures will sue self-employe person
- No contract
- 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
- Protected:
- Health and safety
- High level of care owed
- Taxation
- Deducted from pay by employer
- National Insurance
- Deducted by employer
- Employer also pays NI
- Deducted by employer
- Vicarious Liability
- Employer liable for negligence
- Employer sued by injured person
- Employer liable for negligence
- Contract of agreement
- 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
- Written statement of employment
- Express and Implied Terms
- Express terms
- Specified in contract
- e.g. place of work, your job
- Specified in contract
- Implied terms
- Become part of contract through:
- Custom and practice of employer/ee over time
- Become part of contract through:
- Aims of employment contract
- Maintain trust and confidence
- Encourage employer /ee act in good faith
- Ensure reasonable care in workplace
- Express terms
- Discrimination
- Indirect
- Condition that affects one group more than another
- e.g. stating that applicants must be clean shaven
- Condition that affects one group more than another
- 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
- Offensive to group of people
- 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
- Aim to humiliate,or undermine target by:
- Victimisation
- Treating somebody less favourably
- Tried to make a discrimination complaint
- Treating somebody less favourably
- 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
- Harassment
- Indirect
- 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
- Employer makes life so hard employee's forced to leave
- 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 **** 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
- Tell employee what he did wrong
- Acceptable when:
- When gross misconduct is very serious
- Alternative sanctions considered
- Established gross misconduct took place
- When employer becomes aware of conduct
- Gross Misconduct
- Fair
- Expirery
- e.g. contract for one year completed
- Redundancy
- e.g. school shuts down
- Teachers no longer needed
- e.g. school shuts down
- Resignation or Retirement
- Chosen by employee
- Must give notice as set out in contract
- Chosen by employee
- Dismissal
- 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
- Due to injury to employee at work from negligence
- Creates criminal liability
- Employer Rights and Responsibilities
- Self-employed
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