BPTC Law Notes Employment Law Notes
A guide to some of the key issues in employment law and a general script that can be followed for oral exams for how to discuss these topics.
Also provides some of the guides on how to do calculations (eg. basic award).
**Now up to date for 2015!**...
The following is a more accessible plain text extract of the PDF sample above, taken from our Employment Law Notes. Due to the challenges of extracting text from PDFs, it will have odd formatting:
UNFAIR DISMISSAL SHEET
NOTICE PERIOD
Where contract doesn’t stipulate a notice period, then at common law ‘reasonable’ notice must be given
Reasonable notice based on status, length of service of the employee, custom and trade and any other relevant factors
WHERE CONSTRUCTIVE DISMISSAL: employee has to give at least a week’s notice
ELIGIBILITY
Needs to be an employee with at least 2 years continuous employment where the date of commencement is on or after 6 April 2012; one year before then
Employee is they work under a contract of employment
Can claim even if over 65 and no minimum age
Excluded jobs p.120 (v. unlikely to be relevant)
CONTINUITY
Presumption that continuity of employment exists until employer proves to the contrary
P. 121 City
A gap of a week or more will suffice where the contract of employment no longer subsists
SICKNESS – first 26 weeks of sickness count towards continuity
DISMISSAL
There must have been a dismissal, meaning:
termination by employer, with/without notice
expiry of a fixed-term contract without renewal
constructive dismissal
A pressured resignation counts as a dismissal where there was no choice (p.127)
Can have a variation of the notice period (p.126)
Heat of the moment dismissal, whether with or without notice (p. 126)
G
CONSTRUCTIVE DISMISSAL
p. 127 City
where employer has performed a repudiatory breach of contract, which entitles the employee to end the contract and to be treated as if dismissed
Whether conduct complained of is a repudiatory breach is to be judged as an objective test
Employer will argue there was no dismissal and if there was, it was reasonable and fair
Continuing to work might mean waiving the breach
EXAMPLES:
change in employment terms (refusing new contract terms p.129)
failure to follow a contractually binding disciplinary procedure
Can include breach of implied term of mutual trust and confidence
‘Last straw doctrine’ where there has been a...
Buy the full version of these notes or essay plans and more in our Employment Law Notes.
A guide to some of the key issues in employment law and a general script that can be followed for oral exams for how to discuss these topics.
Also provides some of the guides on how to do calculations (eg. basic award).
**Now up to date for 2015!**...
Ask questions 🙋 Get answers 📔 It's simple 👁️👄👁️
Our AI is educated by the highest scoring students across all subjects and schools. Join hundreds of your peers today.
Get Started