employment, data protection and intellectual property law

Question 1

how much notice does an employer have to give if the employee has done this amount of continuous service: 1 month - 2 years

Answer 1

at least one week

Question 2

how much notice does an employer have to give if the employee has done this amount of continuous service: 2 - 12 years

Answer 2

not less than one week for each year of continuous employment

Question 3

how much notice does an employer have to give if the employee has done this amount of continuous service: 12+ years

Answer 3

12 weeks

Question 4

what is the minimum notice an employee must give their employer once working for them for 4 weeks?

Answer 4

at least one week

Question 5

how long does an employee have to be continuously employed for to claim for unfair dismissal?

Answer 5

at least 2 years

Question 6

how long does an employee have to claim for unfair dismissal?

Answer 6

3 months from effective date of termination, unless the reason is automatically unfair, then there is no minimum

Question 7

what is constructive dismissal?

Answer 7

when the employee terminates the contract because of the employer’s conduct

Question 8

how long does an employee have to claim for wrongful dismissal?

Answer 8

6 years

Question 9

what must someone do to claim a redundancy payment?

Answer 9

be employed for 2 years
apply to the employment tribunal within 6 months of dismissal
prove he was dismissed/kept on short time for at least 4 consecutive weeks

Question 10

what is the penalty for non-compliance with the data protection act 2018?

Answer 10

a fine of up to 20 million euros or 4% of the global turnover

Question 11

how long does copyright last for

Answer 11

25 years - written works
50 years - broadcasts
70 years - sound and music, films,- dramatic, musical

Question 12

how long does design right last for?

Answer 12

earlier of:
15 years from creation
10 years from when first sold

Question 13

how long does a trademark last for?

Answer 13

10 years

Question 14

how long does a registered design last for?

Answer 14

25 years

Question 15

how long does a patent last for?

Answer 15

20 years

Question 16

punishment for breaking health and safety at work act?

Answer 16

up to 2 years imprisonment and/or unlimited fine

Question 17

what is the maximum fine the information commissioner can issue?

Answer 17

£17 million or 4% of global turnover

Question 18

is summary dismissal on liquidation a breach of contract?

Answer 18

yes, the dismissed person can claim for wrongful dismissal

Question 19

within what period of time following a breach of employment contract can a claim for wrongful dismissal be brought?

Answer 19

6 years (as opposed to unfair dismissal which is 3 months)

Question 20

who works under a contract for services: an independent contractor or an employee?

Answer 20

independent contractor

Question 21

who works under a contract of service: an independent contractor or an employee?

Answer 21

employee

Question 22

what does an employee have to prove in a claim for unfair dismissal?

Answer 22

that they were dismissed
(employer has to prove that it was for a fair reason and that they followed a fair procedure)