Corporate and Business Law (ENG)

2 Section C: Employment Law Designed to give you knowledge and application of: C1. Contract of employment C2. Dismissal & redundancy

3 Learning Outcomes C1: Contract of employment  Distinguish between employees & the self-employed.  Nature of the contract of employment & give examples of the main duties placed on the parties to such contract.

4 Employer Any person / organisation for whom an individual performs or has performed any service, of whatever nature, as an employee Employment contract: An agreement stating terms & conditions of employment, which are agreed by both employer & employee. Employee An individual who has entered into / works under a contract of employment Difference between employee & self employed Control Test Integration Test Economic Reality / Multiple Test Distinguish between employees & the self-employed

5 Terms of Contract of employment Expressed Term: Explicitly agreed between employer & employee General terms Terms implied by customs & practice Implied Term: Not specifically agreed between employer & employee Terms & conditions of employment contract term of employment salary duties & position devotion of full time confidentiality of proprietary information reimbursements of expenses vacation termination of agreement restriction on post employment compensation death benefit Terms of Contract of employment Continued …

6 Provisions of Employment Act, 2002  Flexible Working Policy: For parents of children under the age of six or of disabled children under age 18  Paternity Rights: Two weeks’ paid leave following birth of a child for both men & women.  Maternity leave : 26 days leave. Statutory maternity pay is £ Duties of employee  Should show reasonable competence in his work  Should obey the reasonable and lawful instructions given by his employer  Should take reasonable care of their own safety  To provide honest services / act in good faith  To render personal service  To comply with statutory obligations Refer to Test Yourself 2 (page 197) Continued …

7 General Duties of employer Pay remuneration Indemnify the employees for expenses incurred in carrying out the employment Employee’s health & safety Statutory Duties of employer Pay: Equal Pay Act, 1970 & National Minimum Wages Act 1998 Time off work Maternity Rights & Work-life balance Health & Safety Measures Working Time Duties of employer

8 Recap  Distinguish between employees & the self-employed.  Nature of the contract of employment & give examples of the main duties placed on the parties to such contract.