8. Employment, Data Protection and Intellectual Property Law

Question 1

What is the difference between an employee and an independent contractor?

Answer 1

Employee- works under a contract of service

Independent contractor- works under a contract for services

Question 2

What three essential elements are there for a contract of service to exist?

Answer 2

1. Personal service
2. Control
3. Mutuality of obligations

Question 3

Employees are subject to pay as you earn, whereas the self-employed are subject to Schedule _

Answer 3

D

Question 4

Employers pay Class 1 contributions for employees. Independent contractors pay Class _ and _ contributions

Answer 4

2 and 4

Question 5

An employee has an implied duty to provide an ____ reference for their employees

Answer 5

Accurate

Question 6

An employee has an implied duty not to disclose _____ information of their employees

Answer 6

Confidential

Question 7

Employers with more than _____ employees must prepare a statement on health and safety issues

Answer 7

Five

Question 8

Under a number of different acts, the employer has the duty not to _______ and to recognise the need for diversity

Answer 8

Discriminate

Question 9

Does an employer have a duty to provide family and life balance rights?

Answer 9

Yes

Question 10

For an employee employed longer than one month but less than two years, there is a minimum statutory notice of __________

For an employee employed longer than two years but less than twelve years, there is a minimum statutory notice of __________

For an employee employed longer than twelve years, there is a minimum statutory notice of __________

Answer 10

Not less than one week

Not less than one week per year of continuous employment

Not less than twelve weeks

Question 11

In order to pursue a claim for unfair dismissal, the employee must have been continuously employed for at least ____ years

Answer 11

Two

Question 12

Can employees outside of the UK bring a claim for unfair dismissal?

Answer 12

No

Question 13

What three things must an employee show for a constructive dismissal?

Answer 13

1. Their employer committed a serious breach
2. They left because of this breach
3. They have not affirmed or waived the breach

Question 14

Give an example of automatically unfair reasons for dismissal

Answer 14

Pregnancy
Trade union membership
Dismissal on transfer of undertakings
Taking steps to protect yourself or others where there is imminent danger
Seeking to enforce statutory rights
Making a protected disclosure under the Public Interest Disclosure Act (PIDA 1998)

Question 15

What must an employer show they have done if they dismiss an employee on the grounds of capability?

Answer 15

That they consulted the employee and considered alternatives to dismissal

Question 16

What three powers does a tribunal have to remedy an unfair dismissal?

Answer 16

1. Reinstatement
2. Re-engagement
3. Compensation

Question 17

In cases of unfair dismissal, an additional reward of up to _____ weeks’ pay is available

Answer 17

52

Question 18

In what three circumstances might a wrongful dismissal be a better option than an unfair dismissal?

Answer 18

1. Where a claim for unfair dismissal has not been brought within three months
2. An employee might not qualify to bring a claim for unfair dismissal
3. There are statutory limits on the amount of compensation for unfair dismissal

Question 19

Wrongful dismissal occurs in what five circumstances?

Answer 19

1. No notice or insufficient notice of termination of employer contract
2. Termination of contract before expiry of fixed term/completion of task
3. Where the employee is selected for redundancy in breach of a selection procedure incorporated into his contract
4. Where the employer wrongly repudiates the contract and the employee ‘accepts’ his breach by resigning
5. Where the contract provides for dismissal on specific grounds and the employee is dismissed on some other ground not included in the contract

Question 20

In what three circumstances is a dismissal treated as a redundancy?

Answer 20

1. Employer ceases to carry on business for the purposes of which the employee was employed
2. Employer has ceased to carry on business in the place where the employee was employed
3. The requirements of that type of business for employees to carry out work of a particular kind have ceased or are expected to diminish or cease

Question 21

An employee will lose the right to claim a redundancy payment if he is guilty of gross ______

Answer 21

Misconduct

Question 22

Per the Data Protection Act 2018, what six principles must data controllers comply with?

Answer 22

1. Lawfulness, fairness and transparency
2. Purpose limitation
3. Data minimisation
4. Accuracy
5. Storage limitation
6. Integrity and confidentiality

Question 23

What rights do data subjects have per the DPA 2018?

Answer 23

1. To be informed
2. Of access
3. Of rectification
4. To erasure
5. To restrict processing
6. To portability
7. To object

Question 24

Are academic institutions exempt from the DPA 2018 where data is processed for academic purposes?

Answer 24

Yes

Question 25

Does the DPA 2018 still restrict data usage where its use is to commit crimes or disrupt legal proceedings?

Answer 25

No

Question 26

What are the five types of intellectual property?

Answer 26

1. Copyright (music, film)
2. Design right (over 3D objects)
3. Trademark (symbols, words)
4. Registered design (packaging, patterns)
5. Patents (inventions)