Definitions? Type of employee: o Employee: ? Person with an employment contract o Self-employed: ? As part of a service contract o Employee: ? May include employees, but also other people who personally perform work/provide services, but not SE, because they do not carry out their own business activity Audits: o Hall v LorimerConsider the big picture, even if some factors are missing o Mutual obligations? Employees and employers are obliged to each other o control? Does the employer have control or authority over the employee in performing the work? The employee does not control who does the work (i.e. sends someone to replace) o integration? Integrated into the employers` organization Business: o Dacas v Brook St Bureau Ltd. [2004] ? C worked for 5 years as a cleaning lady in the Council`s offices as a temporary worker. Was rude to staff member and fired. C took action against the Agency and the Council. ? Inmate: not an employee, but it is possible that a temporary worker is an employee. Dramatic effects because employers are responsible for temporary workers. o James v. Greenwich Council [2008]? Dacas confirms, but the existence of liability depends on the circumstances of the case. Benefits of the workforce: o Protection against unfair dismissal o Dismissal o Maternity rights o Protection against discrimination o Written information on the employment relationship? Developments in labour law are becoming increasingly complex and challenging for human resources managers, executives and lawyers in both the public and private sectors.
Every year, risk management and loss exposure become more costly and prevention program issues more difficult. To assist employers with prevention, SmartTalent is pleased to provide brief summaries of key developments in the field of employment law, written by Sebris Busto James` employment lawyers. Any employment of more than one month must be in writing. The employer must arrange for the conclusion of the contract and obtain his consent. The employer should;. Confidential information o The obligation may go beyond the contract, but it is narrower. Must be: ? Trade secret; Or? So strictly confidential that it is a trade secret Trade secret o Faccenda Chicken v Fowler [1996]? Look at the circumstances to decide what a trade secret is. ? Type of job? Type of information? Did the employer impose confidentiality on the employee? Can the information be isolated from other information that may be disclosed Click here to buy CPA Business Law/Legal Elements pdf Notes Capacity? Lack of qualifications? Disease prevents work? Incompetence o Behavior? Must this not be serious misconduct? Can off-duty behavior include dismissal? Does the job or workplace become illegal? Rarely – e.g. The driver loses his driver`s license, so continuing to work is illegal or SOSR (other important reasons)? For example, someone who accepts temporary work to cover maternity leave, imprisonment, retirement age, etc.
o Automatically unfair reasons? Union membership? Health and safety related layoffs? Maternity-related redundancies? Etc. EC legislation and case law? Community law CJEU judgments Fundamental principles of the EC Treaties If you do not currently receive a monthly email on employment law, simply let us know at info@smarttalentstaffing.com. In the meantime, past expenses for your enjoyment are listed below. Get tips, find documents, and access tools to succeed. Does not need to be written in writing – oral contracts are valid, but more difficult to prove Under the Employment Act 2007, the employer has the following obligations: A service contract shall be deemed to be terminated under the following conditions; January 2012 – EEOC Allegations of Discrimination and Monetary Relief Reach Record Levels February 2012 – Updated NLRB Notices of Micro-Units Prove They`re No Longer Just for Health Care March 2011 – Title VII Protection against retaliation extended to third parties April 2012 – Bringing an employee back to work or not May 2012 – Social Media Guidelines June 2012 – EEOC Releases Guidelines on Use Background check by employers agreement July 2012 – USA.