11. Employment, data protection and intellectual property law.

Question 1

T/F: A mutuality of obligation is an essential element of a contract of service.

Answer 1

TRUE

a worker required ‘as and when’ can therefore never be an employee.

Question 2

A worker required ‘as and when’ …

Answer 2

can never be an employee since there is no obligation on their employer to provide work.

Question 3

T/F: A degree of control is an essential element of a contract of service.

Answer 3

TRUE

Question 4

T/F: The requirement of personal service is an element of a contract of service.

Answer 4

TRUE

although limited delegation may be permitted.

Question 5

T/F: Deduction of tax at source by an employer is an essential element of a contract of service.

Answer 5

FALSE

tax status is only indicative of the relationship.

Question 6

T/F: A written statement of employment particulars must include a job title.

Answer 6

TRUE

Question 7

T/F: A written statement of employment particulars must include details of entitlement to sicke leave and holiday pay.

Answer 7

TRUE

Question 8

T/F: A written statement of employment particulars must include details of appraisal and disciplinary procedures.

Answer 8

FALSE

Question 9

A worker recieving their earnings gross is an indication of …

Answer 9

self employment

Question 10

A worker receiving their pay net is an indicator of …

Answer 10

employment.

Question 11

A worker wearing a uniform is an indicator of …

Answer 11

employment.

Question 12

A worker using their own tools and equipment is an indicator of …

Answer 12

self employment.

Question 13

A worker using the business’ tools and equipment is an indicator of …

Answer 13

employment

Question 14

A mutuality of obligations, control and a requirement for personal service is (necessary / sufficient) for a contract of service to exist.

Answer 14

necessary

Question 15

If a business only uses the services of a worker ‘as and when’ …

Answer 15

then there is no mutuality of obligations and therefore the worker is not an employee.

Question 16

T/F: An element of delegation may be allowed under a contract of service.

Answer 16

TRUE

Question 17

The most common reason for a relationship to be deemed as NOT one of employment is …

Answer 17

the lack of a mutuality of obligations.

for example an business requiring a worker ‘as and when’

Question 18

T/F: An employee has a common law duty to maintain trust and confidence with their employer.

Answer 18

TRUE

Question 19

T/F: An employee has a common law duty to maintain confidentiality.

Answer 19

TRUE

Question 20

T/F: An employee has a common law duty to exercise reasonable care and skill.

Answer 20

TRUE

Question 21

T/F: An employee has a common law duty to obey all orders given to them by their employer.

Answer 21

FALSE

only lawful and reasonable orders must be obeyed

Question 22

T/F: The statutory ‘statement of prescribed particulars’ is a source of terms in an employment contract.

Answer 22

FALSE

However it may serve as evidence of agreed terms.

Question 23

T/F: Health and Safety legislation can imply terms into employment contracts.

Answer 23

TRUE

Question 24

T/F: An employee may need to register for and charge VAT.

Answer 24

FALSE

Question 25

T/F: An independent contractor can make a claim for unfair dismissal.

Answer 25

FALSE

they are not an employee and can therefore not be dismissed.

Question 26

T/F: An employee’s salary MUST be taxed at source.

Answer 26

TRUE

Question 27

T/F: An employee is entitled to protection under health and safety legislation, UNLIKE an independent contractor.

Answer 27

FALSE

An independent contractor is still owed certain obligations. However there are more extensive common law duties owed to an employee.

Question 28

T/F: A contract of employment must be in writing or evidenced in writing.

Answer 28

FALSE

it may be oral or even implied by conduct.

Question 29

T/F: The law may imply terms into a contract of employment.

Answer 29

TRUE

Question 30

The ‘[wider] written statement or employment particulars’ must be given to the employee within … of the start of their employment.

Answer 30

2 months

Question 31

T/F: A sufficiently detailed contract of employment may preclude the requirement for the issue of a written statement of employment particulars.

Answer 31

TRUE

Question 32

A written statement of employment particulars may not be required if …

Answer 32

the contract of employment is sufficiently detailed to cover all the required points.

Question 33

An employer faces (civil / criminal) liability for failing to provide an employee with a written statement of employment particulars.

Answer 33

civil

Question 34

T/F: An employer faces criminal liability if they fail to provide a written statement of employment particulars.

Answer 34

FALSE

an employee can apply for a declaration

Question 35

T/F: An employee’s implied duties under common law cease when their employment ceases.

Answer 35

FALSE

The duty of confidentiality in particular remains ad infinitum.

Question 36

The duty of an employee implied by common law most relevent AFTER the employment ceasis is …

Answer 36

confidentiality.

Question 37

T/F: An employer has an implied duty under common law to assess an employee’s performance on an annual basis.

Answer 37

FALSE

Question 38

T/F: An employer has an implied duty under common law to pay resonable remuneration.

Answer 38

TRUE

although express terms are almost always present in the contract of employment.

Question 39

An employer has an implied duty under common law to pay … remuneration.

Answer 39

reasonable