Class notes
Employment Law Diagram
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A diagram comprising of all necessary information towards Employment Law; please bare in mind it is mostly the basics and a bit more additional information.
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Employee - ‘An Statues that imply terms into a contract of employmeUnit 1 individual who
Personal Service Test: Express & Echo - unable or Equal Pay Act 1970
- Clause allowing a substitute do unwilling to work
[...] works under Health and Safety at Work etc. Act 1974
to inability or unwillingness (not McFarlane v Glasgow -
[...] a contract of Employment Rights Act 1996
an employee) substitution due to inability
employment’
- Clause allowing a substitute James v Redcats - substitution Unit 2 Working Time Regulations 1998
s230(1) ERA National Minimum Wage Act 1998
Contract of Employment - ‘A due to inability (Employee due to holiday/sickness
1996
contract of service [...] whether
Stevenson v Teesside
express or implied, and (if
Mumford v Boulton and Paul
express) is in oral or in writing’
s230(2) ERA 1996 Evidence of self employment can include:
degree of control over whether to accept Ready Mixed Concrete: -
Mutuality of obligation test; 48 Hour work week is an average
work, how it is done, and by who; Work Personally; Mutuality of
Is there an obligation: (employees can opt out)
invoices for payment; no payment of Obligation; Control by the
Worker - ‘an individual who has On the individual to work? AND Not all workers are protected
holiday or sick pay; provision of own employer
entered into or works under… On the other party to provide work?
equipment, premises, and compatible; Cotswold v Williams
(a) a contract of employment, or bears economic risks All beyond the irreducible
(b) any other contract, whether Wilson v Circular Distribution
minimum NO STATUTORY RIGHT TO BE PAID FOR BREA
express or implied [where the Pimlico Plumbers v Smith
party is not a client or customer Uber BV and others v Aslam
of any profession or business
undertaking carried on by the
individual]’ s230 ERA 1996
Clyde and Co v Bates van - Valid contract
Winkelhof - Is that contract a service
agreement (if yes, then
controlling shareholder
can be employed)
Family friendly rights include: health and
Can a director be an Unit 10
employee of the company? Unit 9 safety; time off for antenatal care;
maternity leave and rights on leave; right to
Secretary of State for return to work; non-maternity rights
Business, Enterprise, and
Unfair dismissal
regulatory reform v Neufeld
1. An employee
a. Personal services Uni
b. Mutuality of obligation Breach of this can bring a Maternity leave for employees
c. Subject to control claim under EA 2010 Statutory maternity pay
d. Other factors Automatic unfair dismissal Continuing contract of employment
2. Has been dismissed claim (s99(3) ERA 1996 if Duty of good faith S27 EA 2010 - Victi
a. Actual or constructive? claim relates to pregnancy, Keeping in touch days - Has C been subje
Discrimination 3. With sufficient qualifying service childbirth, or maternity leave; Unit 8 detriment
1. Protected Characteristic a. S108 (1)(2)&(3) ERA adoption, paternity, or shared - Has C done a prot
(s4 EA2010) 4. Not part of an excluded class parental leave/bereavement; (or did R think C ha
2. Unlawful Act (s39 EQA) 5. And has claimed within three months of EDT etc do a protected act)
3. Relevant Claim/s 6. Is there a potentially fair reason for dismissal - Is the required con
Discrimination between the detrim
a. Direct Discrimination 7. Is the dismissal for that reason fair under s98(4) Duty to make
remedies: the protected act?
b. Indirect Discrimination ERA 1996 Community reasonable
Employer obligations for Compensation
c. Harassment Task force v adjustments
pregnant people include (pecuniary
d. Victimisation Rimmer (s20) (6.28 Code
risk assessments and losses; injury to
4. Relevant Defence (if S15 Discrimination arising from a disability Sefton Borough of Practice) S13 EA 2010 - Direc
time off for appointments feelings);
applicable) 1. Unfavourable treatment v Wainwright Owed when a Discrimination
declaration;
5. Vicarious Liability (s109 2. The treatment is proportionate means to disabled worker is - Less favourable tre
recommendation
EQA) achieve a legitimate aim put at a - compared to whom
(any reasonable
6. Remedies COMPARATOR IS NOT NECESSARY substantial - LImited defence (a
action
disadvantage
Allay (UK) v Gahlen
Disability Discrimination Claims Jones v Tower Boot
1. Duty has arisen? (s20)
Dismissal S26 EA 2010 - Harassment
2. Substantial Disadvantage
1. Has the employee left their employment? - Unwanted Conduct (s40
3. In Comparison to a non-disabled person Schedule 9 Para 1 EA2010
2. If so, were they dismissed? EQA)
4. Whether the employer has knowledge of
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