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Employment Law Part 1 - Coggle Diagram
Employment Law Part 1
Lesson 1 - Sources of Employment law
Differences between a common and civil law system
Civil Law
Top down, statute law, codified, inquisitorial
Common law
Bottom up, case law, accusatorial
EU laws
How EU laws apply post Brexit
REUL / some were written in the UK statute book
In the future: not obliged to follow ECJ / new UK legislation is priority
UK signed ECHR
How EU law is applied
/ note: ECJ directives
Rules in Employment relationship
How to regulate relationship between employer and employee ?
Magna carta
Master and servant
Rebalancing inequality of bargaining power ?
Statutory protection
Contract vs Statute vs Work rules
Contact
Statute terms
Incorporated terms : staff handbooks
"what happens if employer breaks staff handbook? "
Work rules: guidance to work
Different forms a contract can take
Express / Implied / Incorporated / Statutory
Universal implied terms: what breaks trust and confidence, reasonable notice, etc.
Written statement - Employment rights act 1966 - section 1
provide written statement
Penalties for non compliance
How to vary a contract ?
Depends on contractual or non-contractual / Implied terms permit the change? / Variation only by agreement
What to do when a term is breached ?
Employer side: disciplnary actions / equitable remedies/ sur for damages
Employee side: accept the change/ work 'under protest' / resign / claim for statutory claim
Lesson 4: Discrimination
1) Why is discrimination important?
Equality Act of 2010
9 protected characteristics in discrimination law
Different types of discrimination
Direct
Protected characteristics
Ex direct disability. must take reasonable adjustments / also discrimination arising from the disability
Indirect discrimination
unless justified by the employer
Associative discrimination
Harassement
Victimisation
Other vocabulary
Comparator
Employer's vicarious liability
Reasonable step defence
Perception :question:
Positive action :question:
Gender critical belief in the workplace
Has to be considered a genuine belief
If PSP policy then it can be punished ( Forstater v CGD europe)
Mackereth DWP policy: transgenders should be called by their preferred pronouns
Procedure to take in the case of discrimination
Lesson 2: What to look for in an employment contrat
:warning:
Week 3 - Who is an employee and who is a worker?
definitions : employee, worker, self employer
1) Why does it matter
Legal protections / legal tests
Working arangements
liability for Tax; National insurance, etc.
2) Different rules apply for each status
definition of statutory
Different categories
Self employed : no statutory rights
Employees
1) mutual supply and perform work
2) Control
3) Other provision: integration in the business, method of payment, etc.
Worker
Contract of emplyment / perform work / not a client
Difference with an employee
Understand all the difference of positions and rights with the graphs
Agency Worker
3) Why is it important for the contracts to be written?
Create legal relationship / starting point