C12

Question 1

Mutuality of obligations - contractor or employee

Answer 1

Both

Question 2

Some element of control exercisable by the employer on the employee

Question 3

Written statement of employment - required Y or N
Title of job

Answer 3

Y

Question 4

Written statement of employment - required Y or N
Sick leave entitlement

Answer 4

Y

Question 5

Written statement of employment - required Y or N
Details of appraisal procedures

Answer 5

No

Question 6

Written statement of employment - required Y or N
Details of holiday entitlement and holiday pay

Answer 6

Y

Question 7

contract of service - what is required:

Answer 7

-mutuality of obligation
-some element of control exercisable by the er over ee
-personal service by the ee (some element)

NOT deduction of tax at source

Question 8

Are the following statements true or false in relation to determining whether a working arrangement
is between an employer and employee or between an employer and an independent contractor?
Provided there is an element of control and personal service and mutuality of obligations present,
then the arrangement is a contract of employment.
A True
B False
Where a person is only offered work on an as-and-when required basis by their employer, the
working arrangement cannot be a contract of service.
C True
D False

Answer 8

B - the existence of these elements is essential in order for a contract to be held to be a contract of service rather than a contract for services BUT their existence does not necessarily mean that this will be the case. the application of the multiple test may still result in the arrangement being a contract for services

c - in such cases there is an absence of mutuality of obligations which is essential for a contract of service (ee)

Question 9

Bun the Bakers Ltd has a number of retail outlets in London. Flora works for the company when it is
short-staffed during particularly busy periods. She wears a Bun the Bakers apron and hat and is given
24 hours’ notice of which outlet she is required to work at. She then has the use of the Bun the Baker
van for any deliveries. She is not entitled to ask anyone else to perform her duties. Tax and national
insurance are deducted from her pay at source. Work is offered to Flora by Bun the Bakers on an asand-
when required basis.
Requirement
Which of the following best describes her employment status?
A Flora is an employee, because tax is deducted from her pay at source.
B Flora is an independent contractor because she is only given 24 hours’ notice of when she is
required to work.
C Flora is an independent contractor because she is only offered work by Bun the Bakers on an asand-
when required basis.
D Flora is an employee because the majority of factors considered in the multiple test point
towards a contract of service.

Answer 9

C - altho most factors point towards a contract of service, the absence of mutuality of obligations means that it cannot be one

Question 10

Terms that form part of an employment contract have a number of sources.
Requirements
Are the prescribed particulars in a written statement of employment particulars a source of terms in
an employment contract?
A Yes
B No
Is legislation, such as the Health and Safety at Work Act 1974, a source of terms in an employment
contract?
C Yes
D No

Answer 10

B - does not form part of a contract of employment but may serve as evidence of its’ terms (it is not a legal contract)

C - terms can be implied into an employment contract from legislation

Question 11

When must an employer provide a written statement of employment particulars to an employee (in
the absence of an employment contract)?
A On or before the day employment commences
B W ithin 28 days of employment commencing
C W ithin 2 months of employment commencing
D W ithin 3 months of employment commencing

Answer 11

A

Question 12

A contract of employment must be either in writing or evidenced in writing.
A True
B False
The law may imply terms into a contract of employment even where the parties to it have not
expressly agreed that they should be included.
C True
D False

Answer 12

B - can be written or oral (absence of written employment contract - provide a written statement of employment particulars)

Question 13

Are the following legal consequences of someone being held to be an ‘independent contractor’
rather than an employee?
They may need to register for and charge VAT.
A Yes
B No
They have the right to bring a claim for unfair dismissal under the Employment Rights Act 1996.
C Yes
D No
The employee will be entitled to protection under health and safety legislation unlike an
independent contractor.
Yes
No

Answer 13

A - if they meet the VAT threshold

D - only ees have the right to bring a claim for unfair dismissal

no - an independent contractor is still owed stat duties by their er under the H+S at W, although an ee is owed a greater duty of care

Question 14

er duties re references

Answer 14

not a duty to provide a reference BUT a duty to provide an accurate one if they do provide one

Question 15

An employee’s implied duties under the common law cease when their employment ceases.
True
False

Answer 15

False - most duties cease when the employment ceases BUT the duty to not misuse confidential info may continue after that time

Question 16

Amran is employed on a part-time basis by Lady Noble, to manage her portfolio of property and
equities. He is paid on a commission only basis. The parties have agreed that Amran will be paid an
agreed commission every time he makes a profit on a sale transaction for Lady Noble. Last year,
Amran was very happy with his earnings but in the past eight months, he has earned very little
because Lady Noble has been planning a new business project and has failed to give Amram
instructions when requested.
Requirements
Might Lady Noble be liable for breach of her common law duty to pay Amran remuneration?
A Yes
B No
Might Lady Noble be liable for breach of her common law duty to provide Amran with work?
C Yes
D No
LO

Answer 16

B no - the duty is to pay the agreed remuneration + in absence of an expression provision, a reasonable amount (subject to min wage legal requirements). they have agreed!

C yes - there is an implied obligation to provide work or to continue to pay wages where no work is provided. in this instance, there is a duty to give the ee the opportunity to earn their commission

Question 17

ready for shipment and one of the saws, being operated nearby, becomes detached from its station
and causes Arthur serious injury. It transpires that Conrad, the director responsible for health and
safety issues at Tall Trees plc, has failed to have its machinery serviced for more than three years. Tall
Trees plc has also been criticised for failing to separate its stacking yard from the operational sawing
works.
Requirement
Which of the following best describes the legal position?
A T all Trees plc and Conrad are liable to a fine up to £50,000.
B T all Trees plc is liable to an unlimited fine.
C T all Trees plc is liable to an unlimited fine and Conrad is liable to up to two years’ imprisonment.
D Conrad is liable to a fine and imprisonment for up to two years and Tall Trees plc is liable to an
unlimited fine

Answer 17

D

Question 18

notices!
> 1 month < 2 years
> 2 years < 12 years
> 12 years

Answer 18

1. not < 1 week
2. not < 1 week per year of continuous employment
3. not < 12

Question 19

Under the Acas Code of Practice on disciplinary and grievance issues, is an employee to be given the
right to appeal when a decision is made against them?
A Yes
B No
Does a breach of the Acas Code of Practice render an associated dismissal automatically unfair?
C Yes
D No

Answer 19

A
D

Question 20

is dismissal at retirement age an automatic unfair reason for dismissal?

Answer 20

no - it is a potentially fair reason if it is shown to be proportionate and objectively justifiable in order to constitute “some other substantial reason” for the dismissal

Question 21

An employee who does not comply with the Acas Code of Practice may have their claim reduced by
up to 50%.
T/F

Answer 21

false - non-compliance with ACAS procedures by ee or er - damages can increase or reduce by 25%

Question 22

W ithin what period of time following the effective date of termination of an employee’s employment
contract must an employee make a claim for unfair dismissal?
A 28 days
B One month
C T hree months
D Six months

Answer 22

C

Question 23

Nathan is employed by Clifford to manage the catering at a conference of the South East Police
Service in Brighton over a two-week period.
Requirement
All of the following except one would constitute dismissal for the purposes of an unfair dismissal
claim. Which is the exception?
A If Clifford were to tell him a month in advance that he has found someone to provide the same
services more cheaply and Nathan is not required.
B If Clifford were to send Nathan home on the third day because the vol-au-vents were uncooked.
C If Clifford were to say that he was no longer needed Nathan because fewer delegates than
expected had attended the conference.
D If the conference were to be cancelled because a large proportion of the delegates were
required to report for duty in view of a major earthquake in Brighton.

Answer 23

D - frustrated contract - does not constitute dismissal for the purposes of unfair dismissal protection

Question 24

An employee is not required to show a qualifying period of continuous employment if the principal
reason for their dismissal is that they have made a protected disclosure.
A True
B False
Dismissal on the grounds of an employee’s membership or non-membership of a trade union or due
to the fact that they are involved in trade union activities is automatically unfair.
C True
D False

Answer 24

A - automatically unfair

C

Question 25

A ll of the following, except one, are potentially fair reasons for dismissal under the Employment
Rights Act 1996.
Requirement
Which is the exception?
A T heft by the employee
B T he employee’s persistent lateness
C T he employee’s misconduct
D T he employee having a spent conviction under the Rehabilitation of Offenders Act 1974

Answer 25

D - automatically unfair to dismiss someone for having a spent conviction under the Rehab of Offenders Act

Question 26

Sophia has worked as a nurse in the Sunshine Care Home for two years. She was injured in a traffic
accident while taking some of its residents on a day trip in the home’s minibus, driven by one of her
colleagues, Raphael. Although she returned to work soon after the accident, it left her with neck and
back pains that were aggravated by her work, which involved lifting and bathing residents. Her
employer allowed her time off work to keep doctor and hospital appointments and warned her that
if she failed to improve, she would have to leave or accept a change of position to work on reception
instead. Sophia failed to get better but really did not wish to be a receptionist. Two weeks later, she
was informed in writing that her employment with Sunshine Care Home would be terminated as a
result of her decision not to take up the receptionist post.
Requirement
Which of the following best describes Sophia’s dismissal?
A A utomatically unfair because Sophia’s absenteeism was due to an injury caused by someone
employed by the Sunshine Care Home.
B Potentially fair but the Sunshine Care Home, by taking the decision to dismiss Sophia, has acted
unreasonably in the circumstances.
C Potentially unfair because the receptionist job does not constitute suitable alternative
employment for Sophia.
D Potentially fair and the Sunshine Care Home has acted reasonably in the circumstances by giving
Sophia time off work and an offer o

Answer 26

D

Question 27

Greta, aged 61, had worked for Fine Fabrics for 25 years and the employment tribunal has ruled that
she was unfairly dismissed.
Requirement
Which of the following may be relevant to the calculation of the basic award to which she will be
entitled?
(1) Greta’s age
(2) Greta’s length of service
(3) Greta’s conduct
(4) Anyy redundancy payment made to Greta
A (1) and (2) only
B (2) and (3) only
C (2), (3) and (4) only
D A ll of the above

Answer 27

D - basic award is calculated by reference to the ees length of service and age. it may be reduced on account of an ees unreasonable behaviour and any redundancy payment will also be taken into account

Question 28

Under the Employment Rights Act 1996 can a compensatory award for unfair dismissal be reduced in
the following circumstances?
Where the employee’s conduct causes or contributes to their dismissal
A Yes
B No
Where the employee fails to mitigate their loss, eg, by seeking employment elsewhere
C Yes
D No

Answer 28

A C - the ee has a duty to take reasonable steps to mitigate any loss

Question 29

What is the usual remedy awarded for wrongful dismissal?
A Compensatory award
B Reinstatement
C Damages
D Injunction

Answer 29

damages - normal contract law applies so damages are based on what the ee would have earned if the wrongful dismissal had not occurred

rare cases - an application might be made for an injunction

Question 30

definition: where the er dismisses the ee in breach of an express or implied term of his employment contract

Answer 30

wrongful dismissal

Question 31

wrongful vs unfair dismissal time frame

Answer 31

unfair - 3m

wrongful - 6 years

Question 32

unfair vs wrongful dismissal min period of employment

Answer 32

unfair - 2 years
wrongful - none

Question 33

unfair vs wrongful

Answer 33

unfair - statute (law)

wrongful - breach of contract - damages

Question 34

unfair vs wrongful remedies

Answer 34

unfair - compensation (rare: reinstatement, reengagement)

wrongful - damages

Question 35

Oliver has been employed by Hots Ltd to deliver pizza for the past 10 months. His manager, Charles,
regularly turns up for work drunk and swears at Oliver and one day accuses him of having made a
pass at his girlfriend, which is not true. Charles then pushes Oliver off his delivery bike and tells him
to get lost. Oliver leaves and has not been back to work at Hots Ltd since.
Requirements
Can Oliver bring a claim for unfair constructive dismissal?
A Yes
B No
Can Oliver bring an action for wrongful dismissal?
C Yes
D No
LO

Answer 35

unfair - no - hasnt been working for 2 years

wrongful - yes - no min employment length

Question 36

Raita works as a receptionist for Bayview Hotel. Her contract provides that the employer may
terminate the contract without notice but subject to paying the equivalent of six months’ salary. After
working there for only nine months, Raita is handed notice of termination with immediate effect.
Requirement
Which of the following best describes her legal position?
A Raita can bring an action for wrongful dismissal without notice.
B Raita is unable to bring an action because she has only been employed for nine months.
C Raita has no right to sue for wrongful dismissal but may enforce the obligation to pay six months’
salary.
D Raita may bring an action for wrongful dismissal and damages will be the equivalent of six
months’ salary.

Answer 36

C

Question 37

T he following employees have recently left App Design Ltd.
Don was dismissed with 28 days’ notice. His contract states that he is entitled to 35 days’ notice.
Jaz was employed for a fixed contract term of six months which was not renewed when it expired.
Amol was made redundant, but he was selected for redundancy in contravention of App Design Ltd’s
contractual redundancy selection procedure.
Dimitri resigned following the repudiation of his employment contract by App Design Ltd.
Requirement
Which employees were wrongfully dismissed?
A Don and Jaz only
B A mol and Dimitri only
C Don, Amol and Dimitri only
D J az, Amol and Dimitri only

Answer 37

C - non-renewal of a fixed term contract may constitute an unfair dismissal but it is not a wrongful dismissal (no breach of contract)

Question 38

A contract between Gary and his employer, Go-Go Ltd, contains, amongst others, the following two
provisions.
Provision 1: “Gary is ‘the employee’ and Go-Go Ltd is ‘the employer’.”
Provision 2: “Gary must perform his duties himself unless he is ill, in which case he can delegate them
to another person that he chooses.”
Requirements
Are the following statements true or false?
Provision 1 is conclusive proof that a contract of employment exists.
A True
B False
Provision 2 is conclusive proof that a contract of employment exists.
C True
D False

Answer 38

B - the labels attached by the parties are relevant but are not critical or conclusive

D - the ability to delegate work indicates self-employment not employment (some delegation allowed for employment)

Question 39

A thur works as an accountant for the Churchill High School. He embezzles £30,000 of the school’s
funds and is subsequently arrested and charged with theft. The Governors of the school dismiss him
from his post with immediate effect following a disciplinary hearing, during the course of which
Arthur was offered the right to appeal against their final decision but turned it down.
Which of the following best describes the legal position?
A T he school is justified in dismissing Arthur without notice, as he has engaged in gross
misconduct and the school therefore has no liability, particularly since disciplinary and dismissal
procedures appear to have been followed.
B T he school is justified in dismissing Arthur (as he has engaged in gross misconduct) and will only
be liable for nominal damages as a result of terminating his contract with less than the statutory
minimum period of notice under the Employment Rights Act 1996.
C T he school is liable for wrongful dismissal, as a reasonable employer would have given Arthur a
warning first in the circumstances.
D A rthur is entitled to claim wrongful dismissal because he has been dismissed in breach of his
employment contract.

Answer 39

A - summary dismissal without notice is justified in limited circumstances ie: the wilfull refusal to obey a lawful and reasonable order, gross misconduct in connection with the business (or outside if sufficiently grave), dishonesty, gross or persistent negligence breach of an express term of a contract where the ee has been made aware that such a contravention will not be tolerated (ie pilots found to be drunk)

Question 40

Redundancy is a form of dismissal.
A True
B False
A statutory redundancy payment is calculated in the same way as the basic award in unfair dismissal
cases.
C True
D False

Answer 40

A true

C true - calculated in the same way based on age + length of service

Question 41

redundancy
unfair
wrongful

time to claim

Answer 41

redundancy - 6m
unfair - 3m
wrongful - 6 years

Question 42

Which of the following can be included as a separate document, rather than as part of the written
statement of prescribed particulars as given to an employee?
A T he names of the employer and the employee
B W hether any service with a previous employer forms part of the employee’s period of
continuous employment
C A brief job description
D T he notice period for termination of the employment

Answer 42

notice periods DO NOT have to be included in prescribed particulars

Question 43

All except one of the following are grounds for an employment tribunal reducing the amount of a
basic award for unfair dismissal.
Requirement
Which is the exception?
A W here the employee has unreasonably refused an offer of reinstatement
B W here the employee has received a redundancy payment
C W here it is just and equitable having regard to the employee’s conduct
D Where the loss suffered by the employee was less than the value of the award

Answer 43

D - basic awards are governed by the Employment Rights Act 1996 and are made regardless of the amount of loss suffered by an employee - they are calc based on age of ee and length of service (NO LINK TO THE LOSS SUFFERED BY THE EE)

Question 44

David is a journalist working for the Daily Libel at their Southampton office.
David has a clause in his contract which states that he can be required to work from any other office
of the company on a temporary basis provided that the office is not more than 200 miles from the
Southampton office. For the past two months, David, who lives in Southampton, has been required to
work every day at the company’s Nottingham office, some 170 miles away from Southampton. David
has consistently argued with his employers that the daily travelling to Nottingham is destroying his
health due to exhaustion and stress, and that he presents a serious health and safety risk to other
road users and other employees of the Nottingham office.
Advise the Daily Libel of any potential claims David could make against them by indicating whether
or not each of the following statements is true or false.
Requirements
David could claim that they are in breach of their common law duty to protect him against reasonably
foreseeable risks to his health, safety and welfare.
A True
B False
The outcome of a successful claim for breach of a common law duty by an employer is for an
employee to be awarded damages.
C True
D False

Answer 44

A true

C true - breach of ee contract = damages

Question 45

David is a journalist working for the Daily Libel at their Southampton office.
David has a clause in his contract which states that he can be required to work from any other office
of the company on a temporary basis provided that the office is not more than 200 miles from the
Southampton office. For the past two months, David, who lives in Southampton, has been required to
work every day at the company’s Nottingham office, some 170 miles away from Southampton. David
has consistently argued with his employers that the daily travelling to Nottingham is destroying his
health due to exhaustion and stress, and that he presents a serious health and safety risk to other
road users and other employees of the Nottingham office.
Advise the Daily Libel of any potential claims David could make against them by indicating whether
or not each of the following statements is true or false.
Requirements
David could claim that they are in breach of their common law duty to protect him against reasonably
foreseeable risks to his health, safety and welfare.
A True
B False
The outcome of a successful claim for breach of a common law duty by an employer is for an
employee to be awarded damages.
C True
D False

Answer 45

A true

C true - breach of ee contract = damages

Question 46

W hich of the following statements regarding the Equality Act 2010 is correct?
A T he Equality Act 2010 only protects individuals who are employed by an organisation, but there
is no minimum length of service to have this protection.
B T he Equality Act 2010 protects all employees who work for an organisation plus anyone who
applies to work there.
C T he Equality Act 2010 only protects employees who have worked for an organisation for more
than six months.
D T he Equality Act 2010 only protects individuals whilst they are in an organisation’s recruitment
and selection process.

Answer 46

B - regardless of how long they have worked there too!

Question 47

Can employers ever avoid liability if they commit discrimination?
A No. Discrimination is never justified so liability cannot be avoided.
B Y es. But only if the discrimination is a proportionate means of achieving a legitimate aim.
C Y es. But only if the discrimination is morally acceptable.
D Y es. But only if the discrimination is unavoidable.

Answer 47

B
proportionate - the discriminatory effect is significantly outweighed by the benefits of achieving the aim (ie the er has no reasonable alternative)

legitimate aim - includes the needs of the business/efficiency

Question 48

W estcourt Ltd is an engineering company. It has a policy of employing recent graduates into roles
that make use of cutting-edge technology and paying large bonuses to them. Employees with 10
years’ experience or more are transferred to more traditional, manual engineering roles. Although the basic pay of these roles is the same as paid to those in the cutting-edge technology roles, the
manual roles do not attract the same large bonuses.
Requirement
Which of the following statements is correct?
A W estcourt Ltd’s policy is an example of direct discrimination.
B W estcourt Ltd’s policy is an example of indirect discrimination.
C W estcourt Ltd’s policy is an example of victimisation.
D W estcourt Ltd’s policy is not discriminatory nor an example of victimisation.

Answer 48

B Westcourt Ltd’s policy is an example of indirect discrimination.
Indirect discrimination involves applying a policy or practice which disadvantages people with a
protected characteristic. In Westcourt Ltd’s case, the policy discriminates on age because older
workers are likely to have more experience and therefore are likely to only be employed in the
manual engineering roles which attract lower bonuses.