Employment Law Test

Question 1

What is the principal statute governing employment law in the UK?

Answer 1

Employment Rights Act 1996

Question 2

Is an employee under a contract of service or a contract for service?

Answer 2

Contract of services

Question 3

What test do the courts use to identity a contract of service?

Answer 3

Multiple test

Question 4

What does mutuality of obligations mean?

Answer 4

The employer must be under an obligation to provide work to the employee and the employee must have an obligation to perform that work

Question 5

Does an employee have to perform work personally?

Answer 5

Yes. For example, they can’t send someone else in their place as this will usually be fatal to their status, unless in exceptional circumstances

Question 6

What other factors might the court consider when deciding whether there is a contract of service?

Answer 6

Whether the employee has their own equipment, how the parties themselves view the relationship, payment of NI and tax by employer

Question 7

Under the ERA 1996 must the employer provide to the employee within two months of the employee starting work?

Answer 7

Must provide an employee with certain written particulars of employment: job title, description and start date, how much and how often an employee will be paid, hours of work, holiday entitlement and location where work will take place

Question 8

What are express terms in a contract of employment?

Answer 8

These are conditions within the contract which are specifically agreed between the parties, either orally or in writing

Question 9

To whom do implied terms apply? Employers? Employees? Both?

Answer 9

The courts have implied various duties on both employees and employers into employment contracts

Question 10

What is a collective agreement?

Answer 10

A further source of terms and conditions. These agreements are made by, or on behalf of, one or more trade unions with one or more employers

Question 11

Give one of the implied terms under the ERA 1996.

Answer 11

Duty of mutual cooperation

Question 12

If the contract is silent and an employee has been working for the employer for between 2 years and 12 years, what is the minimum notice period?

Answer 12

1 week notice per complete year

Question 13

Which statute governs unfair dismissal?

Answer 13

Employment Rights Act 1996

Question 14

To make a claim for unfair dismissal how long must the employee have been employed for?

Answer 14

Minimum period of 2 years

Question 15

Within what time period must they make their claim?

Answer 15

Within 3 months of dismissal

Question 16

Give the name of the case which illustrates unfair dismissal.

Answer 16

Kevin Keegan v Newcastle United Football Club

Question 17

There are 5 fair reasons for dismissal - name 2 of them.

Answer 17

Conduct of an employee and redundancy

Question 18

What are the remedies of unfair dismissal?

Answer 18

Compensation, reinstatement and reengagement

Question 19

Explain when redundancy arises.

Answer 19

Redundancy arises where there is a disappearing role, workplace or cessation or diminution of work

Question 20

Give the facts and decision of European Pasty Chefs v Currell.

Answer 20

A pastry chef was dismissed because the requirement of his speciality (eclairs and meringues) had ceased. He was replaced by a new pastry whose speciality was the new requirements (continental pastries). It was half that the pastry chef had been dismissed for redundancy as the need for his speciality had ceased.