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ICAEW Law 11: Employment, data protection and intellectual property law. > 11. Unfair and wrongful dismissal, redundancy. > Flashcards

11. Unfair and wrongful dismissal, redundancy. Flashcards

1
Q

In order to pursue a claim for unfair dismissal, the employee must usually have been continously employed for at least …

A

2 years

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2
Q

If the reason for a dismissal is automatically unfair, for example where the employee is pregnant, there is no … requirement.

A

continuous employment

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3
Q

An employee must make a claim for unfair dismissal within … of the effective date of termination.

A

3 months

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4
Q

Types of dismissal: T*, NR of a FTC, CD

A

termination

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5
Q

Types of dismissal: T, NR of a FTC*, CD

A

non renewal of a fixed term contract

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6
Q

Types of dismissal: T, NR of a FTC, CD*

A

constructive dismissal

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7
Q

The repudiation by an employer of an essential term of the contract and the employee subsequently resigns is a situation of …

A

constructive dismissal

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8
Q

A reduction in pay, complete change in the nature of the job, or a failure to provide a suitable working environment would potentially be seen as grounds for … if the employee were to subsequently resign.

A

constructive dismissal

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9
Q

A claim for constructive dismissal only requires the employer’s behaviour to be … effective cause.

A

an

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10
Q

Terminations NEVER constituting unfair dismissals: R (WCD)*, FC, MA

A

resignation (without constructive dismissal)

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11
Q

Terminations NEVER constituting unfair dismissals: R (WCD), FC*, MA

A

frustrated contracts

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12
Q

Terminations NEVER constituting unfair dismissals: R (WCD), FC, MABP*

A

mutual agreement between parties

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13
Q

Automatic reasons for unfair dismissal: P*, SC, TU, ToU (E, T or O), SP, SR, PD

A

pregnancy

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14
Q

Automatic reasons for unfair dismissal: P, SC*, TU, ToU (E, T or O), SP, SR, PD

A

spent convictions

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15
Q

Automatic reasons for unfair dismissal: P, SC, TU*, ToU (E, T or O), SP, SR, PD

A

trade union membership or activities

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16
Q

Automatic reasons for unfair dismissal: P, SC, TU, ToU* (E, T or O), SP, SR, PD

A

transfer of undertaking

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17
Q

Automatic reasons for unfair dismissal: P, SC, TU, ToU (E, T or O)*, SP, SR, PD

A

unless justified by an economic, technical or organisational reason

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18
Q

Automatic reasons for unfair dismissal: P, SC, TU, ToU (E, T or O), SP*, SR, PD

A

self preservation

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19
Q

Automatic reasons for unfair dismissal: P, SC, TU, ToU (E, T or O), SP, SR*, PD

A

seeking to enforce a statutory right

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20
Q

Automatic reasons for unfair dismissal: P, SC, TU, ToU (E, T or O), SP, SR, PD*

A

making a protected disclosure (whistleblowing)

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21
Q

If a dismissal is to be deemed fair the onus is on the … to show that they took reasonable action for a justifiable reason.

A

employer

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22
Q

If a dismissal is to be deemed fair the onus is on the employer to show that they took … for a justifiable reason.

A

reasonable action

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23
Q

If a dismissal is to be deemed fair the onus is on the employer to show that they took reasonable action for a …

A

justifiable reason

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24
Q

If an employee is dismissed the employer must show that it is …

A

fair

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25
Q

An employee has the right not to be … dismissed by his employer.

A

unfairly

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26
Q

Grounds for a dismissal to be considered fair: CoQ*, M, R, SR, SoSR

A

capability or qualifications

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27
Q

Grounds for a dismissal to be considered fair: CoQ, M*, R, SR, SoSR

A

misconduct

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28
Q

Grounds for a dismissal to be considered fair: CoQ, M, R*, SR, SoSR

A

redundancy

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29
Q

Grounds for a dismissal to be considered fair: CoQ, M, R, SR*, SoSR

A

statutory restriction

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30
Q

Grounds for a dismissal to be considered fair: CoQ, M, R, SR, SoSR*

A

some other substantial reason

31
Q

“…”, in relation to an employee, means his capability assessed by reference to skill, aptitude, health or any other physical or mental quality.

A

capability

32
Q

“…”, in relation to an employee, means any degree, diploma or other academic, technical or professional qualification relevant to the position which he held.

A

qualifications

33
Q

An employee can only be dismissed upon the grounds of ‘qualifications’ if there is an express or implied requirement that they hold such qualifications within their …

A

contract of employment

34
Q

Claims for unfair dismissal are determined in accordance with [E and the SM of the case]*.

A

equity and the substantial merits of the case

35
Q

If an employee is to be dismissed on the grounds of misconduct, the employer must [G and R B]* them to be guilty of it.

A

genuinely and reasonably believe

36
Q

If an employee is dismissed on the grounds of redundancey, they may be able to pursue a claim of unfair dismissal if they can show that they were …

A

selected unfairly

37
Q

Dismissal of a van driver due to their disqualification for drink driving would be deemed to be (fair / unfair).

38
Q

Reaching normal state pension age (is / is not) a ground for fair dismissal.

39
Q

For employments beginning before …, continuous service of only 1 year was required before a claim of unfair dismissal could be pursued.

A

6th April 2012

40
Q

For employments beginning before 6th April 2012, continuous service of only … was required before a claim of unfair dismissal could be pursued.

41
Q

If a dismissal is carried out in breach of a relevant procedure relating to workplace dispute resolution, the tribunal may vary any award by up to …

42
Q

Remedies for unfair dismissal: R*, R, C (B, C - JAE, A - ENC)

A

reinstatement

43
Q

Remedies for unfair dismissal: R, R*, C (B, C - JAE, A - ENC)

A

re-engagement

44
Q

Remedies for unfair dismissal: R, R, C* (B, C - JAE, A - ENC)

A

compensation

45
Q

Remedies for unfair dismissal: R, R, C (B*, C - JAE, A - ENC)

A

basic award

46
Q

Remedies for unfair dismissal: R, R, C (B, C* - JAE, A - ENC)

A

compensatory award

47
Q

Remedies for unfair dismissal: R, R, C (B, C - JAE*, A - ENC)

A

just and equitable grounds

48
Q

Remedies for unfair dismissal: R, R, C (B, C - JAE, A* - ENC)

A

additional award

49
Q

Remedies for unfair dismissal: R, R, C (B, C - JAE, A - ENC*)

A

employer non-compliance

50
Q

(Unfair / wrongful) dismissal is a statutory protection for employees.

51
Q

(Unfair / wrongful) dismissal is a common law action taken by employees whose employer is in breach of the employment contract.

52
Q

Unfair dismissal is a … for employees.

A

statutory protection

53
Q

Wrongful dismissal is a common law action taken by employees whose employer is in breach of the …

A

employment contract

54
Q

The time period in which an action for wrongful dismissal can be brought is …

55
Q

There (is / is no) minimum length of continuous service required before a claim for wrongful dismissal can be brought.

56
Q

Examples of reasons for summary dismissal: D*, GM, D, GoPN, BoET

A

disobedience

57
Q

Examples of reasons for summary dismissal: D, GM*, D, GoPN, BoET

A

gross misconduct

58
Q

Examples of reasons for summary dismissal: D, GM, D*, GoPN, BoET

A

dishonesty

59
Q

Examples of reasons for summary dismissal: D, GM, D, GoPN*, BoET

A

gross or persistent negligence

60
Q

Examples of reasons for summary dismissal: D, GM, D, GoPN, BoET*

A

breach of express terms

61
Q

The remedies for wrongful dismissal are the same (D, I e.t.c.) as those for any …

A

breach of contract

62
Q

The remedies for wrongful dismissal are the same (D, I e.t.c.)* as those for any breach of contract.

A

damages, injunctions, e.t.c.

63
Q

Reasons for wrongful dismissal: NN*, IN, BFE, RIB, BoC, EAER

64
Q

Reasons for wrongful dismissal: NN, IN*, BFE, RIB, BoC, EAER

A

insufficient notice

65
Q

Reasons for wrongful dismissal: NN, IN, DBFE*, RIB, BoC, EAER

A

dismissal before expiry of a fixed term contract

66
Q

Reasons for wrongful dismissal: NN, IN, BFE, RIB*, BoC, EAER

A

redundancy in breach of contract

67
Q

Reasons for wrongful dismissal: NN, IN, BFE, RIB, BoC*, EAER

A

breach of contract

68
Q

Reasons for wrongful dismissal: NN, IN, BFE, RIB, BoC, EAER*

A

employee accepts employer’s repudiation

69
Q

A serious breach of a contract of employment by an employer is termed a …

A

repudiation

70
Q

Redundancy is a form of …

71
Q

The proper test for determining whether an employee is … is to see whether there has been a reduction in the employer’s requirements for employees to work at the place where the person concerned is employed.

72
Q

Statutory redundancy pay is calculated on the same basis as statutory NP.

A

notice periods

73
Q

The existence of a mobility clause within a contract of employment (can / can not) be used to avoid the payment of statutory redundancy pay.

74
Q

If an employer relies on incapability through ill health as grounds for dismissal, there must be appropriate …

A

medical evidence

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

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