11. STUDY MANUAL questions on Employment, data protection and intellectual property. Flashcards
Whether or not a worker has to account for their own Income Tax and National Insurance Contributions is (indicative / decisive).
indicative
Whether or not a worker is provided with tools and equipment is (indicative / decisive).
indicative
Whether or not a worker is called an employee in an advertisement, job description or contract is (indicative / decisive / irrelevant).
irrelevant
Whether or not a worker is subject to disciplinary procedures is (indicative / decisive).
indicative
Whether or not a worker is required as an when needed, receiving no pay if not is (indicative / decisive / irrelevant).
decisive
T/F: companies are required to operate the PAYE system on the earnings of employees.
TRUE
T/F: companies are vicariously liable for the tortious acts of employees committed during the course of their employment.
TRUE
T/F: if a company is liquidated, employees are deemed preferential creditors in respect of unpaid salary.
TRUE
T/F: employees may be entitled to claim unfair dismissal.
TRUE
Unfair and wrongful disimissal may only be claimed by …
employees
There is a duty of mutual [T and C]* between employer and employee.
trust and confidence
There is a duty of mutual … between employer and employee.
trust and confidence
An employer’s implicit duty to pay ‘reasonable remuneration’ is universally overriden by express provision within the …
contract of employment
T/F: An employer is required to provide an employee with a reference.
FALSE
T/F: An employee must always obey their employer’s instructions.
FALSE
Not if they would be performing an unlawful act, placing themselves in a situation of risk not inherent in their duties, or materially outside their contract of employment
T/F: An employee dismissed for becoming pregnant is automatcially deemed to have been …
unfairly dismissed
A dismissal on the grounds of preganancy is always …
unfair.
A dismissal on the grounds that the employee seeks the minimum wage or other statutory right is always …
unfair.
A dismissal on the grounds of employee misconduct is potentially unfair if it can be shown that it was not … for the employer to dismiss their employee.
reasonable
A dismissal due to the taking of unofficial strike action can never be …
unfair
Dismissal without notice is known as … dismissal.
summary
An employee who resigns as a result of their employer’s serious breach of contract (is / is not) likely to be successful in a claim of wrongful dismissal.
is
An employee who is given only one month’s notice despite 6 years continuous employment (is / is not) likely to be successful in a claim of wrongful dismissal.
is
since 6 weeks is the statutory minimum
An employer who dismisses an employee during a training period in contravention of a term in the contract (is / is not) likely to incur liability for wrongful dismissal.
is
An employee guilty of gross negligence (is / is not) likely to be successful in a claim of wrongful dismissal.
is not
The only realistic remedy in a claim for wrongful dismissal is …
damages
In cases of wrongful dismissal the only relevant fact is …
whether there has been a breach of the employment contract.
In cases of unfair dismissal the main relevant fact is …
whether the employer acted reasonably in the circumstances.
(Notwithstanding situations of automatically unfair dismissal e.g. pregancy)
Nick commences employment under a three-year contract with Equis Ltd. After two years, he is given notice that the contract is not to be renewed.
Might he have a claim for wrongful dismissal?
NO
There has been no breach of the employment contract.
In cases of wrongful dismissal the only relevant fact is …
whether or not the contract of employment has been breached by the employer.
Nick commences employment under a three-year contract with Equis Ltd. After two years, he is given notice that the contract is not to be renewed.
Might he have a claim for unfair dismissal?
YES
Non-renewal of the contract is a form of dismissal. The employer must therefore demonstrate that it is fair.
Nick commences employment under a three-year contract with Equis Ltd. After two years, he is given notice that the contract is not to be renewed.
Might he have a claim for constructive dismissal?
NO
He has not resigned in response to his employer’s behaviour.
Nick commences employment under a three-year contract with Equis Ltd. After two years, he is given notice that the contract is not to be renewed.
Might he have a claim for redundancy pay?
YES
He has the necessary continuous employment. It depends on whether non renewal of the contract is on the grounds of redundancy.
T/F: A bank holding innacurate data on a customer is liable to a fine.
TRUE
T/F: A data controller may not charge a data subject for a subject access request.
TRUE
T/F: A data controller has two weeks to respond to a request from a data subject.
FALSE
The time period specified is one month.
T/F: A data controller must correct the data that it holds on a data subject.
TRUE
T/F: Working for more than one employer is an automatic sign of self-employment.
FALSE
The necessary conditions for ‘employment’ are:
-Personal service must be rendered
-Control by the employer
-Mutuality of obligation
Are partners employees?
Not if they are partners under the meaning of the Partnership Act, Limited Partnerships Act or Limited Liability Partnerships acts.
A person with a ‘vanity’ title of partner may however be classed as an employee.
T/F: Unless there is a mutuality of obligations, to provide and perform work, there cannot be a contract of employment and the person working cannot be an employee.
TRUE
A mutuality of obligations is a necessary (though not sufficient) condition of employment.
Is there a duty under Health and Safety legislation for an employer to ensure adequate access to places of work?
YES
Is there a duty under Health and Safety legislation for an employer to provide medical personnel at places of work?
NO
Although adequate first-aid arrangements must be in place. In some industries e.g. mining ‘adequate’ inplies trained medical personnel.
Is there a duty under Health and Safety legislation for an employer to ensure the safety of employees’ personal effects and belongings while at work?
NO
Is there a duty under Health and Safety legislation for an employer to provide a healthy working environment?
YES
An employee with less than … continuous service is entitled to a statutory notice period of 1 week.
2 years
An employee with less than 2 years continuous service is entitled to a statutory notice period of …
1 week
An employee with 2 years of continuous service is entitled to a statutory notice period of …
2 weeks
An employee with … of continuous service is entitled to a statutory notice period of 2 weeks.
2 years
An employee with 3 years of continuous service is entitled to a statutory notice period of …
3 weeks
An employee with … of continuous service is entitled to a statutory notice period of 3 weeks.
3 years
An employee with 13 years of continuous service is entitled to a statutory notice period of …
12 weeks
An employee with 12 years of continuous service is entitled to a statutory notice period of …
12 weeks
What is the necessary period of continuous employment for an unfair dismissal claim on the grounds of lack of qualification?
2 years
What is the necessary period of continuous employment for an unfair dismissal claim on the grounds of making a protected disclosure?
NONE
It is an automatically unfair dismissal.
What is the necessary period of continuous employment for an unfair dismissal claim on the grounds of pregnancy?
NONE
It is an automatically unfair dismissal.
By how much may an award be adjusted in order to take account of an unreasonable failure to comply with the ACAS code of practice in a dismissal?
25%
An award for unfair dismissal may be adjusted by up to 25% in respect of?
An unreasonable failure to comply with the ACAS code of practice in dismissal.
Remedies for wrongul dismissal include.
Damages.
Injunction.
Declaration (of rights).
Remedies for wrongul dismissal include: D*, I, DoR
damages
Remedies for wrongul dismissal include: D, I*, DoR
injunction
Remedies for wrongul dismissal include: D, I, DoR*
declaration of rights
The minimum length of continous service required for an employee to be entitled to a statutory redundancy payment is …
2 years
T/F: The data protection act applies to all companies in the UK.
TRUE
T/F: The retention of personal data is subject to a statutory limit of 6 years.
FALSE
There is no prescribed limit. Data should be kept for no longer than is necessary for the purpose for which it was collected.
