Employment Law

?
  • Created by: Lucy
  • Created on: 18-07-15 14:36
Why its important distinguishing Employees from self-employed
Employers are vicariously liable for the acts of employees. Self-employed are liable for own actions. Employees have more rights, Tax rule are different for employees + contractors
1 of 58
How courts decide between Employees and self-employed
MICE - Mutuality of intention - have to go to work ? Integration - Part of the system ? Control - Employer telling you what to do? Economic reality - Equipment, holiday pay etc
2 of 58
If employed who controls how and when work is done ?
Employer
3 of 58
If self-employed who controls how and when work is done ?
Contractor
4 of 58
If you are integrated with others in the organisation even though employer may not control day to day activities
Employed
5 of 58
Are Self-employed contractors integrated ?
No
6 of 58
Whats the Service if you are employed ?
Contract OF service
7 of 58
Whats the service if you are self-employed ?
Contract FOR services
8 of 58
Agency Workers depend on the contract for who
Employed and Self-employed
9 of 58
Who is entitled to sick pay, benefits, holiday pay ?
Employed
10 of 58
Who uses own tools and equipment
Probably Self-employed
11 of 58
Who has a right to delegate to others ?
Self-employed
12 of 58
Who wears unifrom
Employed
13 of 58
Employment Contract
Oral or written
14 of 58
Main terms of employment contract
Names of employee + employer, date of commencement, job title, notice period, pay rate + intervals, hours of work, holiday + pay, arrangement for sick leave/pay, disciplinary + grievance procedures or ref where found.
15 of 58
If not provided a employment contract where can you apply to get one
Employment Tribunal
16 of 58
Common law duties
implied into contract
17 of 58
Overriding duty of mutual trust + confidence includes
Reasonable care of employees, provide safe system of working, pay employees, indemnify employee against expenses + losses in course of employment, take care of health + safety, select fit + competent fellow workers.
18 of 58
Employers have no duty to protect what of employees
property, provide references, provide smoking facilities, provide flexible working.
19 of 58
Employee Fundamental duty of faithful services include
Not to compete with employer, competence to do job, obedience, account for money + property recieved during course of employment, exercise reasonable skill + care, not to delegate duties without permission.
20 of 58
Statutory duties - pay
Minimum wage, itemised payslip, statutory sick pay, not paid by employers own funds, statutory maternity/paternity pay, SMP if 26 weeks service by 15th week before expected confinement.
21 of 58
Whats the working time regulations
48 hours max over 17 week average, employee can opt out in writing.
22 of 58
What the minimum days for holiday
28 days, mutually convenient time
23 of 58
What the minimum break period
20 minutes rest in 6 hour + shift, 11 consecutive hours rest in 24 hours, 24 hours in 7 days.
24 of 58
You get paid time off for what ?
Ante-natal care, trade union official performing duties, trade union members attending branch meetings, Maternity leave (52 weeks) + Paternity leave
25 of 58
Can employer turn down flexible hours ?
Yes - duty to consider but can say no.
26 of 58
If health and safety is breached it is a what
CRIME
27 of 58
Health and safety at Work Act 1974 states what ?
The duty of employers, as far as it is practicable, to ensure health and safety and welfare of employees.
28 of 58
Health and safety at Work act 1974 requirements include
Statement of policy, insure against risk, assess risk, adequate information, training + supervision, safe systems, equipment + place of work, adequate access, healthy environment, employer always liable for injury caused by faulty equipment.
29 of 58
What can a Health and Safety Inspector issue
Improvement orders (work can continue), prohibition orders (work must cease), criminal action (but not civil actions)
30 of 58
What are the Automatica unfair reasons for dismissal
if related to trade unions activities, pregnancy, if related to health + safety representation, on basis of a conviction that is how spent, whistleblowing, trying to enforce statutory employment rights.
31 of 58
Whats the minimum period if dismissed for automatically unfair reasons
None
32 of 58
What are the other unfair reasons for dismissal
Selection for redundancy, unfair reason
33 of 58
What are excluded from the protection of unfair dismissal legislation
Employed
34 of 58
What are the remedies for unfair dismissal
Conciliation- if 1 party requests it, ACAs will try resolve before issuing to Tribunal, reinstatement- same job same role, re-engagement- same job different role, compensation - statutory formula
35 of 58
What is a basic award
A statutory defined maximum linked to age and service. Treated as statutory redundancy
36 of 58
What is compensatory award
Based on actual net earning, including benefits (statutory limit)
37 of 58
What is punitive additional award
Available if employer fails to comply with order of reinstatement or re-engagment
38 of 58
Redundancy can be given to those with what minimum service
2 years minimum
39 of 58
Reasons for redundancy
reduction in head count or fewer at location or that level
40 of 58
It is not redundancy when
employees contract requires them to work at places other than their present place of employment and employee relies on this.
41 of 58
If A job is abolished and A is moved into B's job and B is dismissed, is this redundancy
Yes
42 of 58
What happens if a redundant employee unreasonably refuses offer of future employmen
they lose their entitlement to redundancy pay
43 of 58
Whats the trial period an employee is entitled to in the alternative employement
4 weeks
44 of 58
What happens if alternative employment is terminated - by either employee or employer
treated as case of redundancy at expiry date of the old employement
45 of 58
The employee must qualify for redundancy by
Having been continuously employed for at least 2 years, having been dismissed (or laid off = 4 weeks or put on short time = half normal pay) and reason for their dismissal being redundancy
46 of 58
How is pay calculated
with reference to age and length or service with a weeks' pay taken in final week of employment.
47 of 58
Where are disputes heard
In Employment Tribunal
48 of 58
Where are Appeals made to
Employment Appeal Tribunal
49 of 58
Transfer of undertaking, protection of employment regulations (TUPE) means
take your rights from your old job with you
50 of 58
When can the contract be varied
If there are justifiable technical or organisational reasons for doing so
51 of 58
Constructive dismissal is
when employer commits a serious breach of employment contract + employee leaves as a result of the breach
52 of 58
what is not constructive dismissal
Failure to promote employee
53 of 58
When does constructive dismissal happen
When Employer repudiates a vital term of the contract + employee resigns because of the repudiation
54 of 58
Who's liable for breach
Employer
55 of 58
Who can claim for unfair dismissal
Employee
56 of 58
What must the employee show
That the breach was serious (e.g. major change in duties)
57 of 58
Kevin Keegan V Newcastle united football club 2010
K resigned as manager of NUFC after a player was signed by the club against his wishes by NUFC's director of football. K felt had no option but to resign. Held: K awarded £2m damages for constructive dismissal
58 of 58

Other cards in this set

Card 2

Front

MICE - Mutuality of intention - have to go to work ? Integration - Part of the system ? Control - Employer telling you what to do? Economic reality - Equipment, holiday pay etc

Back

How courts decide between Employees and self-employed

Card 3

Front

Employer

Back

Preview of the back of card 3

Card 4

Front

Contractor

Back

Preview of the back of card 4

Card 5

Front

Employed

Back

Preview of the back of card 5
View more cards

Comments

No comments have yet been made

Similar Accounting resources:

CF6
See all Accounting resources »See all ACCA F4 resources »