Employment and Other Working Relationships

Question 1

True or false, an employer is always obliged to provide an employee with a written statement of particulars?

Answer 1

False

Question 2

True or false, a written statement of particulars must contain full details of the employer’s disciplinary and grievance procedures?

Answer 2

False

Question 3

True or false, a non executive director who does not have a contract of employment is an office holder?

Answer 3

True, the rights and duties of any office holder are defined by the office they hold and not any employment contract

Question 4

True or false, for tax purposes, there are three possible ways in which a person can be taxed: as an employee, a worker or as self employed?

Answer 4

False, either as an employee or self-employed

Question 5

True or false, the advantage of a worker as opposed to an independent contractor is that a worker is entitled to certain rights under employment law?

Answer 5

True

Question 6

What overrides the lesser notice period stated in an employee’s employment contract?

Answer 6

The minimum statutory notice period (at least 1 week per year of employment)

Question 7

When does an employee have the right to not be unfairly dismissed?

Answer 7

When the employee has had two years continuous employment with the employer

Question 8

What rights do workers have?

Answer 8

Workers are protected under the Public Disclosure Act 1998, and are entitled to contribute to an employer’s pension scheme and can benefit from auto-enrolment in a pension scheme

Question 9

What is constructive dismissal?

Answer 9

Where an employee is forced to resign and leave their employment against their will because their employer’s conduct results in unreasonable changes to their contract of employment

Question 10

What is summary dismissal without cause?

Answer 10

Where an employer unjustifiably dismisses an employee without giving the required notice or observing the other formalities agreed in the contract of service itself (e.g payment in lieu of notice)

Question 11

What are the awards that an employment tribunal can make for unfair dismissal?

Answer 11

Compensation
Re-instatement
Re-engagement

Question 12

Can a part-time employee make a claim for unfair dismissal?

Answer 12

Yes if they have worked continuously for their employer for 2 years minimum

Question 13

How could someone suing their former employer for wrongful dismissal mitigate their losses?

Answer 13

By looking for a similar job which would pay a comparable salary

Question 14

What is a company secretary categorised as?

Answer 14

An office holder

Question 15

What is the statutory right under s.1 Employment Rights Act 1996?

Answer 15

For employers to give employees written particulars of all their terms of employment

Question 16

A general duty of faithful service is an example of what kind of duty?

Answer 16

An implied duty that an employee owes to their employer

Question 17

True or false, information on where rules on health and safety may be found must be included in the written statement setting out the terms of the contract?

Answer 17

True

Question 18

True or false, self-employed people are preferential creditors?

Answer 18

False, only employees are preferential creditors