Please enable JavaScript.

Coggle requires JavaScript to display documents.

B293 - Unit 5 Session 2 - Coggle Diagram

- - - - Zero-hour contracts match demand to requirement
        
        Minimise costs
        
        Flexibility for employees
        
        Provides uncertain hours
        
        Unsecure income
        
        Impacts on borrowing
        
        Can be given zero hours without question
    - - Business
        
        Stronger in recession
        
        Stronger when saturation of desired candidates
        
        Favour weaker labour laws
      - Employee
        
        Stronger when jobs plentiful
        
        Stronger in niche areas
        
        Favour stronger labour laws
      - Leads to requirement for rights to be determined
        
        Labour laws
        
        Human rights laws
        
        Protects workers from exploitation
- - - - Explicit (Express)
        
        Written or oral
        
        Written within two months
        
        Must be agreed by both parties
        
        Business name
        
        Role location
        
        May be multiple places
        
        Employee name
        
        Job title
        
        Description of work
        
        Start date
        
        Remuneration
        
        Hours of work
        
        Holiday entitlement
        
        No-competition clauses
        
        Non-disclosure agreements
        
        Fixed term or temporary
        
        Length of contract
        
        End date
        
        Notice periods
        
        Collective agreements
        
        Pensions
        
        Grievance policy
        
        Complaints procedures
        
        Grievances
        
        Disciplinary
      - Implied
        
        Statute
        
        Equality Act 2010
        
        Case law
        
        Discrimination
        
        Associative
        
        Unfair treatment due to assumptions
        
        e.g. not suitable for promotion if you have young children
        
        Perception-based
        
        Unfair treatment due to false info.
        
        e.g. employer suspects mental health condition
        
        Direct
        
        Unfair treatment due to protected characteristic
        
        Indirect
        
        Trying to treat everyone the same, without taking differences into consideration
        
        Claims got to tribunal
        
        Must be within three months of act
        
        Declare rights of employee
        
        Recommend actions for employer
        
        Award damages
    - - No obligation to supply or take work
      - Cannot terminate employment for multiple jobs
  - - - Pay reasonable remuneration
      - Provide a safe system of work
      - To provide work
      - To ensure contract is fulfilled
    - - Exercise reasonable care and skill
      - Provide faithful service
      - Obey the law and reasonable orders
      - Provide personal service
    - - Custom and practice
        
        Usual business
        
        Be treated with fairness and respect
        
        Be paid if forced to close over Christmas
        
        Maintain company secrets
      - Officious bystander
        
        Self-evident
        
        No need to state
      - Business efficacy
        
        reasonable assumption
        
        e.g. sales rep has driving license
  - - - Employee shareholder
      - Self-employed independent contractor
        
        Taxed according to income provisions
        
        Different NI rates
        
        Submit own tax return
        
        No statutory protections
        
        No statutory sick pay
        
        No implied obedience
        
        Separate from business so liability is transferred
        
        Ordinary unsecured creditor if owed money
      - Worker
      - Employee
        
        Receive net pay with tax deducted
        
        Statutory protections
        
        Statutory sick pay
        
        Obedience is implied
        
        e.g. employee must do as told, within reason
        
        Employer is vicariously liable for actions
        
        Preferential creditor if business becomes insolvent
      - Office holder (director)
      - Tests to determine employee vs self-employed
        
        Right to control
        
        Employer controls how and where employee works
        
        May not be appropriate on technical or specialist knowledge roles
        
        Integration
        
        Job function integral to business
        
        Economic reality
        
        Does employee provide own equipment?
        
        Does employee hire own assistants?
        
        Is employee paid regularly?
        
        Does employee work regular hours?
        
        Does employer have a duty to offer work and employee to accept work?
        
        Financial risk borne
        
        Responsibility for investment and management
        
        Extent to which individual has opportunity to profit from good management in performance of task
  - - - Victimisation
        
        Whistleblowers
        
        Health and safety complainants
      - Pregnancy / maternity
      - Trade union membership activities
      - Assertion of statutory right
      - Unfair selection for redundancy
      - Can be challenged
        
        If employed for two years or more
        
        Must be unfair in law
    - - When business puts employee in impossible situation
      - Employee feels they must leave their job
    - - Defects in skills or qualifications
      - Unacceptable conduct
      - Illness
        
        If impossible to do job
      - Redundancy
      - Contravention of statute
        
        Where employment breaks law
      - Another substantial reason
        
        Go to prison
    - - Without giving notice
      - Summary dismissal
        
        Unless employee
        
        Waives rights
        
        Accepts payment in lieu of notice
        
        Repudiates the contract
        
        In fundamental breach of employment duties
- - - - More than 250 employees
      - Must be provided online
        
        Remain for three years
      - Signed by a director
      - 6 calculations
        
        Median bonus gender pay gap
        
        Proportion of men and women receiving a bonus
        
        Mean bonus gender pay gap
        
        Proportion of men and women in each quartile pay band
        
        Median gender pay gap in hourly pay
        
        Mean gender pay gap in hourly pay