Control test - Test to determine if employee using level of control over work., Integration test - Test to determine if employee using the level of integration into business, particularly for professional people, Economic Reality Test - More modern day test - working for remuneration,subject to employers control and other conditions consistent with conditions of service., No right to arrange a substitute - Test of employee with personal service being key, Mutuality of obligation - Test of employee considering if employer has duty to provide work and employee has duty to accept, Three ways to terminate specifically an employment contract - Notice, Dismissal, Redundancy, Four ways to terminate any contract - Performance, agreement, frustration, breach, Dismissal: - Contract terminated by employer OR employee or fixed term contract expires without renewal, Unfair dismissal open to : - Employed, for 1 year, not excluded specifically, Automatically unfair reasons for dismissal - Pregnancy, parental leave, spent criminal offence, trade union membership, Potentially fair reasons for dismissal - Capability, Health, Qualifications, Conduct, Redundancy, Illegality, Some Other Substantial Reason, Code on disciplinary procedures - 1. Letter, 2 Meeting, 3 Appeal, Possible remedies for unfair dismissal - Reinstatement, reengagement, compensation, Constructive dismissal - Burden of proof lies on employee to prove fundamental breach of contract, Wrongful dismissal - Common Law action for dismissal without sufficient notice., Rights on redundancy - Right to statutory minimum notice, right to redundancy payment, right to time off during notice period, right to be individually informed., Redundancy selection criteria - Skills, qualification, LIFO, performance, attendance, absence, length of service,

Employment Law

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