ACA Law Chapter Eleven Employment, Data Protection & Intellectual Property Law

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What must be present for a contract of service
Personal service
Control
Mutuality of obligations
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When must a worker or employee be given the written statement of prescribe particulars
On or before the first day of employment
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What are an employee's implied duties
Duty of faithful service
To obey lawful and reasonable orders
Not to misuse confidential information
To exercise reasonable care and skill
Personal service
Trust and confidence
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What are an employers implied duties
To pay reasonable remuneration
To indemnify employees
Health and safety
To provide work
To provide accurate reference (if required)
Not to disclose confidential information
Main mutual trust and confidence
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Who are excluded from the statutory unfair dismissal code
Persons employed outside the UK
Employee's dismissed while taking unofficial strike action
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Why long does an employee have to make a claim to an employment tribunal
Within 3 months of the effective date of termination
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What is constructive dismissal
When the employer repudiates some essential term of the contract
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What reasons are automatically unfair dismissal
Pregnancy
A spent conviction
Trade union membership or activities
Dismissal on transfer of an undertaking
Taking steps to protect themselves or others
Seeking to enforce statutory rights
Making a protected disclosure
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What are the grounds for a fair dismissal
Capability or qualifications
Employee's misconduct
Redundancy
Statutory restriction
Some other substantial reason
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By what percentage can an award be increased or decreased because of the unreasonableness of the employer or employee
25%
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What are the remedies for unfair dismissal
Reinstatement
Re-engagement
Compensation
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What is wrongful dismissal
Where the employer dismisses the employee in breach of the contract of employment
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When must a case for wrongful dismissal be brought by
Within 6 years
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What are the data protection principles
Lawfulness, fairness and transparency
Purpose limitation
Data minimisation
Accuracy
Storage limitation
Integrity and confidentiality
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What are the rights under GDPR
The right to be informed
The right of access
the right to rectification
The right to erasure
The right to restrict processing
The right to data portability
Rights in relation to automated decision making and profiling
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Who are exempt from GDPR
Employers compliant with employment law
Academic institutions
Scientific and historic research organisations
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Other cards in this set

Card 2

Front

When must a worker or employee be given the written statement of prescribe particulars

Back

On or before the first day of employment

Card 3

Front

What are an employee's implied duties

Back

Preview of the front of card 3

Card 4

Front

What are an employers implied duties

Back

Preview of the front of card 4

Card 5

Front

Who are excluded from the statutory unfair dismissal code

Back

Preview of the front of card 5
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