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ICAEW Law 11: Employment, data protection and intellectual property law. > 11. STUDY MANUAL questions on Employment, data protection and intellectual property. > Flashcards

11. STUDY MANUAL questions on Employment, data protection and intellectual property. Flashcards

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1
Q

Whether or not a worker has to account for their own Income Tax and National Insurance Contributions is (indicative / decisive).

A

indicative

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2
Q

Whether or not a worker is provided with tools and equipment is (indicative / decisive).

A

indicative

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3
Q

Whether or not a worker is called an employee in an advertisement, job description or contract is (indicative / decisive / irrelevant).

A

irrelevant

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4
Q

Whether or not a worker is subject to disciplinary procedures is (indicative / decisive).

A

indicative

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5
Q

Whether or not a worker is required as an when needed, receiving no pay if not is (indicative / decisive / irrelevant).

A

decisive

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6
Q

T/F: companies are required to operate the PAYE system on the earnings of employees.

A

TRUE

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7
Q

T/F: companies are vicariously liable for the tortious acts of employees committed during the course of their employment.

A

TRUE

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8
Q

T/F: if a company is liquidated, employees are deemed preferential creditors in respect of unpaid salary.

A

TRUE

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9
Q

T/F: employees may be entitled to claim unfair dismissal.

A

TRUE

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10
Q

Unfair and wrongful disimissal may only be claimed by …

A

employees

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11
Q

There is a duty of mutual [T and C]* between employer and employee.

A

trust and confidence

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12
Q

There is a duty of mutual … between employer and employee.

A

trust and confidence

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13
Q

An employer’s implicit duty to pay ‘reasonable remuneration’ is universally overriden by express provision within the …

A

contract of employment

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14
Q

T/F: An employer is required to provide an employee with a reference.

A

FALSE

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15
Q

T/F: An employee must always obey their employer’s instructions.

A

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

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16
Q

T/F: An employee dismissed for becoming pregnant is automatcially deemed to have been …

A

unfairly dismissed

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17
Q

A dismissal on the grounds of preganancy is always …

A

unfair.

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18
Q

A dismissal on the grounds that the employee seeks the minimum wage or other statutory right is always …

A

unfair.

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19
Q

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.

A

reasonable

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20
Q

A dismissal due to the taking of unofficial strike action can never be …

A

unfair

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21
Q

Dismissal without notice is known as … dismissal.

A

summary

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22
Q

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.

A

is

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23
Q

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.

A

is

since 6 weeks is the statutory minimum

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24
Q

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.

A

is

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25
Q

An employee guilty of gross negligence (is / is not) likely to be successful in a claim of wrongful dismissal.

A

is not

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26
Q

The only realistic remedy in a claim for wrongful dismissal is …

A

damages

27
Q

In cases of wrongful dismissal the only relevant fact is …

A

whether there has been a breach of the employment contract.

28
Q

In cases of unfair dismissal the main relevant fact is …

A

whether the employer acted reasonably in the circumstances.

(Notwithstanding situations of automatically unfair dismissal e.g. pregancy)

29
Q

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?

A

NO

There has been no breach of the employment contract.

30
Q

In cases of wrongful dismissal the only relevant fact is …

A

whether or not the contract of employment has been breached by the employer.

31
Q

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?

A

YES

Non-renewal of the contract is a form of dismissal. The employer must therefore demonstrate that it is fair.

32
Q

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?

A

NO

He has not resigned in response to his employer’s behaviour.

33
Q

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?

A

YES

He has the necessary continuous employment. It depends on whether non renewal of the contract is on the grounds of redundancy.

34
Q

T/F: A bank holding innacurate data on a customer is liable to a fine.

A

TRUE

35
Q

T/F: A data controller may not charge a data subject for a subject access request.

A

TRUE

36
Q

T/F: A data controller has two weeks to respond to a request from a data subject.

A

FALSE

The time period specified is one month.

37
Q

T/F: A data controller must correct the data that it holds on a data subject.

A

TRUE

38
Q

T/F: Working for more than one employer is an automatic sign of self-employment.

A

FALSE

The necessary conditions for ‘employment’ are:

-Personal service must be rendered
-Control by the employer
-Mutuality of obligation

39
Q

Are partners employees?

A

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.

40
Q

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.

A

TRUE

A mutuality of obligations is a necessary (though not sufficient) condition of employment.

41
Q

Is there a duty under Health and Safety legislation for an employer to ensure adequate access to places of work?

A

YES

42
Q

Is there a duty under Health and Safety legislation for an employer to provide medical personnel at places of work?

A

NO

Although adequate first-aid arrangements must be in place. In some industries e.g. mining ‘adequate’ inplies trained medical personnel.

43
Q

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?

A

NO

44
Q

Is there a duty under Health and Safety legislation for an employer to provide a healthy working environment?

A

YES

45
Q

An employee with less than … continuous service is entitled to a statutory notice period of 1 week.

A

2 years

46
Q

An employee with less than 2 years continuous service is entitled to a statutory notice period of …

A

1 week

47
Q

An employee with 2 years of continuous service is entitled to a statutory notice period of …

A

2 weeks

48
Q

An employee with … of continuous service is entitled to a statutory notice period of 2 weeks.

A

2 years

49
Q

An employee with 3 years of continuous service is entitled to a statutory notice period of …

A

3 weeks

50
Q

An employee with … of continuous service is entitled to a statutory notice period of 3 weeks.

A

3 years

51
Q

An employee with 13 years of continuous service is entitled to a statutory notice period of …

A

12 weeks

52
Q

An employee with 12 years of continuous service is entitled to a statutory notice period of …

A

12 weeks

53
Q

What is the necessary period of continuous employment for an unfair dismissal claim on the grounds of lack of qualification?

A

2 years

54
Q

What is the necessary period of continuous employment for an unfair dismissal claim on the grounds of making a protected disclosure?

A

NONE

It is an automatically unfair dismissal.

55
Q

What is the necessary period of continuous employment for an unfair dismissal claim on the grounds of pregnancy?

A

NONE

It is an automatically unfair dismissal.

56
Q

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?

A

25%

57
Q

An award for unfair dismissal may be adjusted by up to 25% in respect of?

A

An unreasonable failure to comply with the ACAS code of practice in dismissal.

58
Q

Remedies for wrongul dismissal include.

A

Damages.
Injunction.
Declaration (of rights).

59
Q

Remedies for wrongul dismissal include: D*, I, DoR

A

damages

60
Q

Remedies for wrongul dismissal include: D, I*, DoR

A

injunction

61
Q

Remedies for wrongul dismissal include: D, I, DoR*

A

declaration of rights

62
Q

The minimum length of continous service required for an employee to be entitled to a statutory redundancy payment is …

A

2 years

63
Q

T/F: The data protection act applies to all companies in the UK.

A

TRUE

64
Q

T/F: The retention of personal data is subject to a statutory limit of 6 years.

A

FALSE

There is no prescribed limit. Data should be kept for no longer than is necessary for the purpose for which it was collected.

ICAEW Law 11: Employment, data protection and intellectual property law. (7 decks)

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