Employment Law

Question 1

An employee works under?

Answer 1

A contract of services

Question 2

Within what time period must an employer provide a written statement of employment particulars to an employee?

Answer 2

Two months

Question 3

The right not to be unfairly dismissed is restricted to employees who have continuous service of?

Answer 3

Two years

Question 4

Complaints need to be brought?

Answer 4

to employment tribunals within 3 months of the infringement of their rights (6 months for equal pay claims from when the employment ended).

Question 5

Which is not an automatically unfair reason for dismissal?

Answer 5

Dismissal on the grounds of conduct by the employee

Question 6

If a contract states that someone is an ‘independent contractor’ is this conclusive in the eyes of the law?

Answer 6

No, on the authority of Pimlico Plumbers v Smith 2017 EWCA Civ 51

Question 7

Which one of the following statements does not need to be included in a written statement of employment particulars?

Answer 7

Details of appraisal procedures

Question 8

Which does not constitute a duty owed by an employee towards his employer under common law?

Answer 8

A duty to obey all orders, no mater what, given to the employee by the employer

Question 9

In the case of Faccenda Chicken v Fowler [1976] I.C.R. 297 it was held that

Answer 9

an ex- employee must not disclose secret processes of manufacture.

Question 10

In Bluebell Apparel v Dickinson 1980 S.L.T. 157 it was held that

Answer 10

a restrictive covenant prohibiting the former employee working for another jeans company for 2 years anywhere else in the world was valid.

Question 11

In Pulse Health Care v. Carewatch Care Services UKEAT 0123/12 it was held that

Answer 11

a contract stating that it was a zero hours contract was deemed not to be one as the worker had to offer to work at least 24 hours per week.

Question 12

In Blackwood v Birmingham and Solihull Mental Health NHS Trust [2016] EWCA Civ 607 (CA) it was held that when the mental health trust withdrew the offer of a University related work placement

Answer 12

claims of discrimination against a University about access to a work placement would, in Scotland, lie in the Sheriff Court while claims of discrimination by the provider (the health trust) in the course of the placement were within the jurisdiction of the employment tribunal.

Question 13

The Integration Test may be used to determine the status of a worker. Which other test is traditionally used sed by the courts to determine the status of a worker?

Answer 13

The control test

Question 14

Which regulates the working hours of an employee?

Answer 14

The contract of employment

Question 15

When a court issues a compulsory winding up order of a company….

Answer 15

this operates as a notice of termination of the contracts of employment between the company and its staff.

Question 16

In F.C. Shepherd & Co. Ltd v Jerrom [1986] I.R.L.R. 359 it was held that….

Answer 16

after 39 weeks in borstal the employment contract was frustrated as the apprentice was not available for work.

Question 17

Which is a duty owed by an employer to an employee?

Answer 17

An employee has done something which amounts to gross misconduct and is instantly dismissed

Question 18

In Rigby v Ferodo Ltd [1988] I.C.R. 29 it was held that….

Answer 18

when the employer reduced the wages, the fact that Rigby had continued to work did not mean that he had accepted the change.

Question 19

Summary dismissal occurs when….

Answer 19

An employee has done something which amounts to gross misconduct and is instantly dismissed

Question 20

What not a fair reason for dismissal?

Answer 20

Pregnancy