ACCA F4 Employment Law: Rights, Discipline And Dismissal! Trivia Quiz
There are some laws that govern the type of relationship that exists between employees and their employers. As an accounting student, you should have a clear understanding of these laws when you go to the outside world. Give the quiz a try and see if you know everything about them.
Questions and Answers
- 1.
An employee -
- A.
Works under a contract of service
- B.
Works under an contract for services
Correct Answer
A. Works under a contract of serviceExplanation
Self-employed (independet contractor) works under a contract for servicesRate this question:
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- 2.
A number of tests can be used to determine if someone is employed or self-employed:
- A.
The control test
- B.
The integration test
- C.
The economic reality test
- D.
The financial risk test
- E.
The provision test
Correct Answer(s)
A. The control test
B. The integration test
C. The economic reality testExplanation
The control test, integration test, and economic reality test are all methods that can be used to determine if someone is employed or self-employed. The control test examines the level of control that an employer has over the worker, while the integration test looks at how integrated the worker is within the business. The economic reality test assesses the degree of economic dependence that the worker has on the employer. These tests help to determine the nature of the working relationship and whether the person should be classified as an employee or self-employed.Rate this question:
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- 3.
The _______ test: employees are subject to control by their employer as to how, where and when they do their work: Yewens v Noakes (1880). (Note, however, that this test is inappropriate for skilled workers.)
Correct Answer(s)
controlExplanation
The Yewens v Noakes (1880) case established the control test, which determines whether employees are subject to their employer's control regarding how, where, and when they perform their work. This test is not applicable to skilled workers, as their expertise allows them more autonomy in their work.Rate this question:
- 4.
The _________ test – someone is regarded as an employee if their work is an integral part (i.e. part and parcel) of the business and not merely an accessory to it. (Note, however, that this test has become difficult to apply as a sole criterion.)
Correct Answer(s)
integrationExplanation
The term "integration" refers to the test used to determine whether someone is considered an employee. According to this test, if an individual's work is an essential part of the business and not just a secondary component, they are regarded as an employee. However, it is important to note that this test has become challenging to apply as the only criterion for determining employment status.Rate this question:
- 5.
The ________ ______ test (or multiple test) – under this test the court takes all the surrounding factors into account.
Correct Answer(s)
economic realityExplanation
Under the economic reality test, the court considers all the relevant factors surrounding a situation to determine the true nature of the relationship. This test helps to determine whether an individual should be classified as an employee or an independent contractor. The court looks at factors such as the degree of control exerted by the employer, the worker's opportunity for profit or loss, the investment in facilities or equipment, and the permanency of the relationship. By considering the economic reality of the situation, the court can determine the appropriate classification and ensure that workers are afforded the necessary protections and benefits.Rate this question:
- 6.
The economic reality test involves asking whether the person who is doing the work, is doing so as a person in business on his own account. Relevant factors are:
- A.
Control
- B.
Provision of his own equipment
- C.
Whether he hires his own helpers
- D.
Degree of financial risk he undertakes
- E.
Degree of responsibility he bears for investment and management
- F.
The extent to which he has an opportunity of profiting from sound management in the performance of his task
- G.
Whether there is a regular method of payment
- H.
Whether the person works regular hours
- I.
Whether there is mutuality of obligations
- J.
Whether there is a set work location
- K.
Whether he may take holiday
- L.
Whether the person is entitled to statutory (bank) holidays
Correct Answer(s)
A. Control
B. Provision of his own equipment
C. Whether he hires his own helpers
D. Degree of financial risk he undertakes
E. Degree of responsibility he bears for investment and management
F. The extent to which he has an opportunity of profiting from sound management in the performance of his task
G. Whether there is a regular method of payment
H. Whether the person works regular hours
I. Whether there is mutuality of obligationsExplanation
The economic reality test is used to determine whether a person is working as an independent contractor or as an employee. The factors listed in the answer are relevant in assessing this. Control refers to the level of control the person has over their work. Provision of their own equipment and hiring their own helpers indicate a greater likelihood of being an independent contractor. The degree of financial risk and responsibility for investment and management also suggest a business relationship. The opportunity to profit from sound management and the presence of a regular method of payment further support the independent contractor status. Factors such as regular hours, mutuality of obligations, and entitlement to holidays may indicate an employee relationship.Rate this question:
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- 7.
The economic reality test (or multiple test) can be shown in -
- A.
Ready Mixed Concrete (South East) Ltd v Minister of Pensions & National Insurance & Others (1968)
- B.
Pepper v Webb (1968)
- C.
Secretary of State for Employment v ASLEF (1972)
- D.
Lister v Romford Ice & Cold Storage Ltd (1972)
Correct Answer
A. Ready Mixed Concrete (South East) Ltd v Minister of Pensions & National Insurance & Others (1968)Explanation
The economic reality test, also known as the multiple test, is a legal principle used to determine the employment status of an individual. In Ready Mixed Concrete (South East) Ltd v Minister of Pensions & National Insurance & Others (1968), the court applied the economic reality test to determine whether the workers were employees or independent contractors. The court considered various factors such as the degree of control exercised by the company, the worker's obligation to provide personal service, and the worker's financial risk. This case is significant because it established the economic reality test as a key factor in determining employment status.Rate this question:
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- 8.
The type of working relationship has a number of consequences: An employee -
- A.
Receive statutory protection
- B.
Does not receive statutory protection
- C.
Has implied terms in contract
- D.
Does not have implied terms in contract
- E.
Employer is vicariously liable for the acts of workers when they act in the course of the employer’s business
- F.
Employer is not vicariously liable for the acts of workers when they act in the course of the employer's business
- G.
Upon insolvence, is a preferential creditor
- H.
Upon insolveny, is not a preferential creditor
- I.
Receive their pay net of income tax and national insurance under the PAYE system
- J.
Are taxed under the trading income provisions
- K.
Certain state benefits are available
- L.
Certain state benefits are not available
Correct Answer(s)
A. Receive statutory protection
C. Has implied terms in contract
E. Employer is vicariously liable for the acts of workers when they act in the course of the employer’s business
G. Upon insolvence, is a preferential creditor
I. Receive their pay net of income tax and national insurance under the PAYE system
K. Certain state benefits are availableExplanation
An employee receives statutory protection, meaning they have legal rights and entitlements under employment laws. They also have implied terms in their contract, which are unwritten terms that are assumed to be part of the employment agreement. The employer is vicariously liable for the acts of workers when they act in the course of the employer's business, meaning the employer can be held responsible for their actions. In the event of insolvency, an employee is a preferential creditor, meaning they have a higher priority in receiving payment compared to other creditors. Employees receive their pay net of income tax and national insurance under the PAYE system, which deducts these taxes before the employee receives their wages. Certain state benefits are available to employees, providing them with additional support or assistance.Rate this question:
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- 9.
The type of working relationship has a number of consequences: An independent contractor -
- A.
Receive statutory protection
- B.
Does not receive statutory protection
- C.
Has implied terms in contract
- D.
Does not have implied terms in contract
- E.
Employer is vicariously liable for the acts of workers when they act in the course of the employer’s business
- F.
Employer is not vicariously liable for the acts of workers when they act in the course of the employer's business
- G.
Upon insolvence, is a preferential creditor
- H.
Upon insolveny, is not a preferential creditor
- I.
Receive their pay net of income tax and national insurance under the PAYE system
- J.
Are taxed under the trading income provisions
- K.
Certain state benefits are available
- L.
Certain state benefits are not available
Correct Answer(s)
B. Does not receive statutory protection
D. Does not have implied terms in contract
F. Employer is not vicariously liable for the acts of workers when they act in the course of the employer's business
H. Upon insolveny, is not a preferential creditor
J. Are taxed under the trading income provisions
L. Certain state benefits are not availableExplanation
An independent contractor does not receive statutory protection, meaning they are not entitled to certain legal rights and benefits that are provided to employees. They also do not have implied terms in their contract, meaning that the terms of their agreement may not be automatically assumed or implied by law. The employer is not vicariously liable for the acts of workers when they act in the course of the employer's business, meaning that the employer is not held responsible for the actions or mistakes of the contractor. Upon insolvency, the contractor is not a preferential creditor, meaning they do not have priority in receiving payment. Independent contractors are taxed under the trading income provisions, which may have different tax implications compared to employees. Lastly, certain state benefits are not available to independent contractors, meaning they may not be eligible for certain government-provided benefits.Rate this question:
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- 10.
A contract of employment will consist of: - express _____ - _____ implied by the courts - _____ implied by statute -
Correct Answer(s)
termsExplanation
The correct answer is "terms". A contract of employment will consist of express terms, which are explicitly stated and agreed upon by both parties. It will also include terms implied by the courts, which are obligations that are automatically included in the contract based on common law principles. Additionally, there may be terms implied by statute, which are requirements imposed by legislation. All of these terms together make up the contract of employment.Rate this question:
- 11.
______ terms are those agreed by the parties themselves. The agreement may be written or oral.
Correct Answer(s)
ExpressExplanation
Express terms are those that are explicitly agreed upon by the parties involved in a contract. These terms can be either written or oral and are clearly stated and agreed upon by all parties. They are specific and leave no room for ambiguity or misunderstanding. Express terms are important as they outline the rights, obligations, and responsibilities of each party, ensuring that all parties are aware of their obligations and what is expected of them.Rate this question:
- 12.
The Employment Rights Act 1996 (ERA 1996) requires an employer to provide an employee with a written statement of certain particulars of their employment within ___ months of the commencement of employment.
Correct Answer(s)
two
2Explanation
The correct answer is "two" or "2" because according to the Employment Rights Act 1996, an employer is required to provide an employee with a written statement of certain particulars of their employment within two months of the commencement of employment. This statement includes important information such as job title, salary, working hours, and holiday entitlement. It is a legal requirement to provide this information to employees to ensure transparency and clarity in the employment relationship.Rate this question:
- 13.
The statement of particulars of employment must include details of:
- A.
Pay rates and interval
- B.
Job title
- C.
Hours of work
- D.
Place of work
- E.
Length of notice
- F.
Details of disciplinary or grievance procedures
- G.
Date of commencement of employment
- H.
Statutory holidays
- I.
Name of line manager
- J.
Job specification
Correct Answer(s)
A. Pay rates and interval
B. Job title
C. Hours of work
D. Place of work
E. Length of notice
F. Details of disciplinary or grievance procedures
G. Date of commencement of employmentExplanation
The statement of particulars of employment must include details of pay rates and interval, job title, hours of work, place of work, length of notice, details of disciplinary or grievance procedures, date of commencement of employment. These details are essential for both the employer and the employee to have a clear understanding of the terms and conditions of employment. Pay rates and interval ensure that the employee knows how much they will be paid and when, while the job title, hours of work, and place of work provide clarity on the role and working conditions. The length of notice allows both parties to understand the notice period required for termination. Details of disciplinary or grievance procedures ensure that the employee knows the process for addressing any issues that may arise. The date of commencement of employment is important for record-keeping purposes, and statutory holidays and the name of the line manager provide additional information about the employment arrangement. The job specification outlines the specific duties and responsibilities of the role.Rate this question:
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- 14.
Any change to the statement of particulars of employment must be notified by written statement within two month.
- A.
True
- B.
False
Correct Answer
B. FalseExplanation
Any change must be notified by written statement within one monthRate this question:
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- 15.
The statement of particulars of employment is not a _______ unless both parties agree and it is called a ______. It is strong prima facie evidence of the terms of the _______, but is not conclusive.
Correct Answer
contractExplanation
The statement of particulars of employment is not a contract unless both parties agree and it is called a contract. It is strong prima facie evidence of the terms of the contract, but is not conclusive.Rate this question:
- 16.
Terms implied by the courts - Duties of the employee - - Duty to obey lawful and reasonable orders as shown in -
- A.
Pepper v Webb (1968)
- B.
Secretary of State for Employment v ASLEF (1972)
- C.
Lister v Romford Ice & Cold Storage Ltd (1972)
- D.
Sinclair v Neighbour (1967)
Correct Answer
A. Pepper v Webb (1968)Explanation
In Pepper v Webb (1968), the court established that employees have a duty to obey lawful and reasonable orders from their employers. This means that employees are expected to follow instructions that are within the scope of their job responsibilities and are not illegal or unreasonable. This case serves as a precedent for future cases regarding the duties of employees and emphasizes the importance of obedience in the employment relationship.Rate this question:
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- 17.
Terms implied by the courts - Duties of the employee - - Duty of mutual co-operation (or the duty to perform the work in a reasonable manner) as shown in -
- A.
Pepper v Webb (1968)
- B.
Secretary of State for Employment v ASLEF (1972)
- C.
Lister v Romford Ice & Cold Storage Ltd (1972)
- D.
Sinclair v Neighbour (1967)
Correct Answer
B. Secretary of State for Employment v ASLEF (1972)Explanation
The duty of the employer to give, and the employee to obey, lawful instructions is often expressed as the duty of mutual co-operation. The courts have begun to imply a term that the employer must not act in a manner calculated to damage the mutual trust and confidence and this is taken into account in considering the reasonableness of the order. The courts have interpreted the duty to obey lawful and reasonable orders as a duty not to frustrate the commercial objectives of the employer.Rate this question:
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- 18.
Terms implied by the courts - Duties of the employee - - Duty to exercise reasonable care and skill as shown in -
- A.
Pepper v Webb (1968)
- B.
Secretary of State for Employment v ASLEF (1972)
- C.
Lister v Romford Ice & Cold Storage Ltd (1972)
- D.
Sinclair v Neighbour (1967)
Correct Answer
C. Lister v Romford Ice & Cold Storage Ltd (1972)Explanation
The employee must act with reasonable care in performing his duties. The standard of care will depend on the circumstances. It is generally accepted that a single act of negligence, unless it is gross negligence, will not justify summary dismissal. There are certain occupations, such as airline pilots, where a single act of negligence in performing essential duties may warrant dismissal.
An extension of this duty of care is a duty to indemnify the employer for any damages which he has had to pay as a result of his vicarious liability for the employee’s negligence.Rate this question:
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- 19.
Terms implied by the courts - Duties of the employee - - Duty of good faith – a duty to give honest and faithful service The employee cannot use the employer’s property as his own, and must account to his employer for any money or property which he receives in the course of his employment. The employee may do other work in his own time. However, the law imposes a duty not to do spare time work which competes with that of his employer and may cause his employer damage. An employee must not disclose trade secrets to a third party nor misuse confidential information he has acquired in the course of his employment. This implied duty may continue after the employment has ceased. Clearly an employee who uses or sells secret processes, such as chemical formulae, or photocopies list of customers and sells them or uses them for his own purposes will be in breach. The real problem arises in drawing a line between trade secrets/confidential information and general knowledge and skill acquired by the employee in the course of his employment. An employee may always use skills he has learnt in his employment. As shown in - The employee cannot use the employer’s property as his own, and must account to his employer for any money or property which he receives in the course of his employment. .. (Pick two)
- A.
Sinclair v Neighbour (1967)
- B.
Hivac Ltd v Park Royal Scientific Instruments Ltd (1946)
- C.
Latimer v AEC Ltd (1953)
- D.
Lister v Romford Ice & Cold Storage Ltd (1972)
Correct Answer(s)
A. Sinclair v Neighbour (1967)
B. Hivac Ltd v Park Royal Scientific Instruments Ltd (1946)Explanation
The correct answer is Sinclair v Neighbour (1967) and Hivac Ltd v Park Royal Scientific Instruments Ltd (1946). These two cases are relevant to the duty of good faith and the employee's duty not to use the employer's property as their own. Sinclair v Neighbour established the duty of giving honest and faithful service, while Hivac Ltd v Park Royal Scientific Instruments Ltd dealt with the duty of not using the employer's property for personal use. Both cases illustrate the importance of these duties in the employer-employee relationship.Rate this question:
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- 20.
Terms implied by the courts - Duties of the employee - - Duty to render personal service - Employees may not _______ the performance of their work to someone else unless they have their employer’s express or implied permission to do so.
Correct Answer(s)
delegateExplanation
Employees are required to personally perform their work unless they have obtained permission from their employer to delegate it to someone else. This means that they cannot transfer or assign their duties to another person without explicit or implicit consent from their employer.Rate this question:
- 21.
Terms implied by the courts - Duties of the employer - - Duty to pay reasonable remuneration - this will be implied in the absence of an express _________ regarding pay
Correct Answer(s)
provisionExplanation
The correct answer is provision. In this context, the term "provision" refers to a clause or statement in a contract or agreement that specifically addresses the issue of pay. If there is no express provision regarding pay in the contract, the courts will imply a duty on the employer to pay reasonable remuneration to the employee.Rate this question:
- 22.
Terms implied by the courts - Duties of the employer -r Duty to ________ the employee - The employer must _________ his employee where the employee has incurred a legal liability or necessary expenses whilst acting on the employer’s behalf.
Correct Answer(s)
indemnifyExplanation
The term "indemnify" refers to the duty of the employer to compensate or reimburse the employee for any legal liability or necessary expenses that the employee has incurred while acting on behalf of the employer. This means that the employer is responsible for covering the costs or damages that the employee may have to pay or incur in relation to their work for the employer.Rate this question:
- 23.
Terms implied by the courts - Duties of the employer -r At common law the employer is under a duty to take reasonable care for the ______ ___ _______of his employees. Breach of this duty exposes the employer to liability in negligence to his employees.
Correct Answer(s)
health and safetyExplanation
The correct answer is "health and safety." In this context, the employer has a duty to ensure the health and safety of their employees. This duty includes taking reasonable care to prevent any harm or injury to the employees while they are at work. If the employer fails to fulfill this duty and a breach occurs, they can be held liable for negligence and may be required to compensate the affected employees.Rate this question:
- 24.
Terms implied by the courts - Duties of the employer -r Duty to provide a safe system of work In assessing the reasonableness of the employer in these matters a number of factors must be considered. For example: what was the risk of injury? What was the cost of prevention? What were the characteristics of the employee? If the employer has not acted unreasonably, he has not been negligent, and has no common law liability. As shown in -
- A.
Latimer v AEC Ltd (1953)
- B.
William Hill Organisation Ltd v Tucker (1998)
- C.
Spring v Guardian Assurance (1994)
Correct Answer
A. Latimer v AEC Ltd (1953)Explanation
The case of Latimer v AEC Ltd (1953) is cited as an example to support the statement that if an employer has not acted unreasonably in providing a safe system of work, they are not considered negligent and have no common law liability. This case likely involved an assessment of the reasonableness of the employer's actions in relation to the risk of injury, the cost of prevention, and the characteristics of the employee. The court's decision in this case may have established a precedent for determining an employer's duty to provide a safe system of work.Rate this question:
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- 25.
Terms implied by the courts - Duties of the employer -r Duty to give reasonable notice of ___________ of employment In practice this implied duty rarely arises since most contracts of employment contain express provision stating the exact length of notice or stating that the contract is to be for a fixed term. Also there are statutory minimum periods of notice.
Correct Answer
terminationExplanation
The implied duty of the employer is to give reasonable notice of termination of employment. This means that the employer is obligated to inform the employee in advance before terminating their employment. However, this duty rarely arises in practice because most employment contracts already specify the length of notice or state that the contract is for a fixed term. Additionally, there are statutory minimum periods of notice that must be followed.Rate this question:
- 26.
Terms implied by the courts - Duties of the employer -r Duty of _______ ___________ - The employer has a duty not to behave in a manner calculated to damage the relationship of trust and confidence, e.g. by abusively reprimanding an employee.
Correct Answer
mutual co-operationExplanation
The correct answer is "mutual co-operation" because the employer has a duty to foster a positive and cooperative relationship with their employees. This includes treating employees with respect and not engaging in behavior that undermines the trust and confidence between the employer and employee. Abusively reprimanding an employee would be a breach of this duty and would damage the mutual co-operation that should exist in the workplace.Rate this question:
- 27.
Terms implied by the courts - Duties of the employer _________ of work - There is no general common law duty to provide work. However, such a term may be implied, under the business efficacy test, where failure to provide work would deprive the employee of a benefit contemplated by the contract. For example, if the contract expressly provides for remuneration on a piecework or commission basis it may be possible to imply a duty on the employer to provide sufficient work to enable the employee to earn a reasonable sum.
Correct Answer
ProvisionExplanation
The term "provision" refers to the duty of the employer to provide work to the employee. This duty may be implied in the contract if it is necessary for the employee to receive a benefit that was contemplated by the contract. For example, if the contract specifies that the employee will be paid on a piecework or commission basis, it may be implied that the employer has a duty to provide enough work for the employee to earn a reasonable amount of money.Rate this question:
- 28.
Terms implied by the courts - Duties of the employer Where the employee is skilled and needs practice to maintain those skills, there may be an obligation to provide a reasonable amount of work. As shown in -
- A.
William Hill Organisation Ltd v Tucker (1998) William Hill Organisation Ltd v Tucker (1998)
- B.
Spring v Guardian Assurance (1994)
- C.
Latimer v AEC Ltd (1953)
Correct Answer
A. William Hill Organisation Ltd v Tucker (1998) William Hill Organisation Ltd v Tucker (1998)Explanation
In the case of William Hill Organisation Ltd v Tucker (1998), it was established that there may be an obligation for the employer to provide a reasonable amount of work to an employee who is skilled and needs practice to maintain those skills. This implies that the employer has a duty to ensure that the employee has sufficient opportunities to utilize and enhance their skills.Rate this question:
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- 29.
Terms implied by the courts - Duties of the employer There is no duty to provide a reference but, if one is provided, it must be truthful, as shown in -
- A.
Spring v Guardian Assurance (1994)
- B.
William Hill Organisation Ltd v Tucker (1998)
- C.
Latimer v AEC Ltd (1953)
Correct Answer
A. Spring v Guardian Assurance (1994)Explanation
In the case of Spring v Guardian Assurance (1994), it was established that although there is no legal obligation for an employer to provide a reference for an employee, if they choose to do so, it must be truthful. This means that the employer cannot provide false or misleading information in the reference. This case sets a precedent for the duty of honesty and accuracy in employment references.Rate this question:
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- 30.
Terms implied by statute Gives employees certain rights, such as a right not to be unfairly dismissed, a right to a redundancy payment if made redundant and a right to a minimum period of notice to terminate the contract.
- A.
ERA 1996
- B.
Working Time Regulations 1998
- C.
Employment Act 2002
- D.
Equal Pay Act 1970
- E.
National Minimum Wage Act 1998
Correct Answer
A. ERA 1996Explanation
The correct answer is ERA 1996. The ERA 1996, or the Employment Rights Act 1996, is a statute that provides employees with various rights and protections. It includes rights such as protection against unfair dismissal, entitlement to redundancy payments, and the right to receive a minimum notice period before termination of the employment contract. This legislation is important in ensuring that employees are treated fairly and have certain legal protections in the workplace.Rate this question:
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- 31.
Terms implied by statute Limit the hours of work to an average of 48 a week. It also gives the right to four weeks' paid leave a year and one day off each week.
- A.
ERA 1996
- B.
Working Time Regulations 1998
- C.
Employment Act 2002
- D.
Equal Pay Act 1970
- E.
National Minimum Wage Act 1998
Correct Answer
B. Working Time Regulations 1998Explanation
The Working Time Regulations 1998 is the correct answer because it is the legislation that specifically limits the hours of work to an average of 48 per week. It also provides employees with the right to four weeks' paid leave per year and one day off each week. This regulation is in place to protect workers' health and safety, ensuring they have adequate rest and time off from work.Rate this question:
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- 32.
Terms implied by statute Gives parents of children under seventeen or disabled children under eighteen the right to request flexible working arrangements. The employer must give serious consideration to such a request and can only reject it for clear business reasons. The Act also introduced paternity and adoption leave.
- A.
ERA 1996
- B.
Working Time Regulations 1998
- C.
Employment Act 2002
- D.
Equal Pay Act 1970
- E.
National Minimum Wage Act 1998
Correct Answer
C. Employment Act 2002Explanation
The Employment Act 2002 is the correct answer because it introduced the right for parents of children under seventeen or disabled children under eighteen to request flexible working arrangements. The Act also requires employers to give serious consideration to such requests and can only reject them for clear business reasons. Additionally, the Act introduced paternity and adoption leave.Rate this question:
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- 33.
Terms implied by statute Deals not only with pay, but other terms, e.g. holiday and sick leave. Implies an equality clause into all contracts of employment if workers of the opposite sex do the same job or a different job of equal value.
- A.
ERA 1996
- B.
Working Time Regulations 1998
- C.
Employment Act 2002
- D.
Equal Pay Act 1970
- E.
National Minimum Wage Act 1998
Correct Answer
D. Equal Pay Act 1970Explanation
The Equal Pay Act 1970 is the correct answer because it is the specific legislation that deals with the issue of equal pay for men and women. It implies an equality clause into all contracts of employment, ensuring that workers of the opposite sex receive equal pay for doing the same job or a different job of equal value. The Act not only covers pay, but also other terms and conditions such as holiday and sick leave.Rate this question:
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- 34.
Terms implied by statute Imposes minimum levels of pay.
- A.
ERA 1996
- B.
Working Time Regulations 1998
- C.
Employment Act 2002
- D.
Equal Pay Act 1970
- E.
National Minimum Wage Act 1998
Correct Answer
E. National Minimum Wage Act 1998Explanation
The National Minimum Wage Act 1998 is the correct answer because it is the specific legislation that imposes minimum levels of pay. This act sets out the minimum wage rates that employers must pay their workers, ensuring that they receive a fair and reasonable level of pay for their work. The other laws listed may be relevant to employment and worker rights, but they do not specifically address the issue of minimum pay levels.Rate this question:
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- 35.
ERA 1996 imposes the following minimum notice periods for the employer: Continuous employment Period of notice 1 month-2 years 2-12 years 12 years + 1 week 1 week per complete year 12 weeks
- A.
True
- B.
False
Correct Answer
A. TrueExplanation
ERA 1996 imposes minimum notice periods for employers based on the length of continuous employment. For employees who have worked between 1 month and 2 years, the minimum notice period is 1 week. For employees who have worked between 2 and 12 years, the minimum notice period is 1 week per complete year of service. And for employees who have worked for 12 years or more, the minimum notice period is 12 weeks. Therefore, the statement "ERA 1996 imposes the following minimum notice periods for the employer" is true.Rate this question:
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- 36.
ERA 1996 imposes the following minimum notice periods for employees: An employee with at least four weeks’ continuous employment must give his employer at least four week’s notice of his terminating of the contract.
- A.
True
- B.
False
Correct Answer
B. FalseExplanation
An employee with at least four weeks’ continuous employment must give his employer at least one week’s notice of his terminating of the contract.Rate this question:
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- 37.
A claim for ________ __________ is a common law action for breach of contract. The claim is available to both employees and independent contractors. The usual rules of breach of contract will apply.
Correct Answer
wrongful dismissalExplanation
A claim for wrongful dismissal is a common law action for breach of contract. This claim can be made by both employees and independent contractors who believe that their contract has been breached. The usual rules of breach of contract will apply in such cases, allowing the claimant to seek legal remedies for the wrongful termination of their employment or contract.Rate this question:
- 38.
Wrongful dismissal occurs where the employer terminates the contract:
- A.
Without giving proper notice
- B.
Without giving sufficient notice
- C.
During its fixed term
Correct Answer
A. Without giving proper noticeExplanation
Wrongful dismissal refers to a situation where an employer terminates an employee's contract without providing the required notice period. This means that the employer ends the employment relationship abruptly and fails to give the employee the opportunity to prepare for the termination and find alternative employment. It is considered wrongful because it violates the terms of the contract and denies the employee their rights to fair treatment and due process.Rate this question:
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- 39.
Dismissal without notice is known as _______ dismissal
Correct Answer
summaryExplanation
Dismissal without notice is known as summary dismissal.Rate this question:
- 40.
Summary dismissal is usually wrongful dismissal unless the employee:
- A.
Waives their rights or accepts payment in lieu of notice
- B.
Repudiates the contract themselves or is in fundamental breach
- C.
Repudiates their rights or accepts payment in lieu of notice
- D.
Waives the contract themselves or is in fundamental breach
Correct Answer(s)
A. Waives their rights or accepts payment in lieu of notice
B. Repudiates the contract themselves or is in fundamental breachExplanation
Summary dismissal refers to the immediate termination of an employee without notice or any other form of compensation. However, it is generally considered wrongful dismissal unless certain conditions are met. These conditions include the employee either waiving their rights or accepting payment in lieu of notice. Additionally, summary dismissal may be justified if the employee repudiates the contract themselves or is in fundamental breach of their obligations. In these cases, the employer has the right to dismiss the employee without providing any notice or compensation.Rate this question:
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- 41.
An individual who believes he has been wrongfully dismissed may sue in the County court or High Court for damages. The limitation period for such a claim is six years.
Correct Answer(s)
six
6Explanation
The correct answer is "six" or "6" because the limitation period for a wrongful dismissal claim is six years. This means that an individual who believes they have been wrongfully dismissed has up to six years from the date of their dismissal to sue in the County Court or High Court for damages.Rate this question:
- 42.
An employee, he can bring a claim to the employment tribunal provided he does so within three months of his dismissal and the claim is for £25,000 or less.
Correct Answer(s)
£25,000
25,000
25000Explanation
The given statement suggests that an employee can bring a claim to the employment tribunal if he is dismissed and the claim is for an amount that is £25,000 or less. The answer options provided are different representations of the same amount, which is £25,000.Rate this question:
- 43.
________ _________ is where the employer terminates the contract without justifiable reason. This is a statutory right under the Employment Rights Act 1996. Only employees can bring an action for ______ ________
Correct Answer(s)
unfair dismissalExplanation
Unfair dismissal refers to the situation where an employer terminates an employee's contract without a valid reason. This right is protected by the Employment Rights Act 1996, allowing employees to take legal action against their employer for unfair dismissal.Rate this question:
- 44.
Normally employees who resign deprive themselves of the right to make a claim for redundancy or unfair dismissal. However, s95 ERA 1996 covers situations where ‘the employee terminates the contract with, or without, notice in circumstances which are such that he or she is entitled to terminate it without notice by reason of the employer’s conduct’. This is known as ____________ dismissal.
Correct Answer(s)
constructiveExplanation
The correct answer is "constructive" dismissal. Constructive dismissal refers to a situation where an employee resigns due to the employer's conduct that breaches the employment contract or creates an intolerable working environment. Even though the employee technically resigns, they are considered to have been dismissed by the employer's actions. This allows the employee to make a claim for redundancy or unfair dismissal despite resigning.Rate this question:
- 45.
An employee is entitled to treat himself as constructively dismissed if the employer is guilty of conduct which is a significant breach going to the root of the contract of employment, or which shows that the employer no longer intends to be bound by one or more of the essential terms of the contract. Whether the employee leaves with or without notice, the conduct must be sufficiently serious to entitle him to leave at once. However, he must act quickly, for if he continues for any length of time without leaving, he will be regarded as having elected to affirm the contract and will lose his right to treat himself as discharged. As shown in -
- A.
Western Excavating (ECC) Ltd v Sharp (1978)
- B.
Donovan v Invicta Airways (1970)
- C.
Simmonds v Dowty Seals Ltd (1978)
- D.
Kevin Keegan v Newcastle United Football Club Limited (2010)
Correct Answer
A. Western Excavating (ECC) Ltd v Sharp (1978) -
- 46.
Where a repudiatory breach occurs the employee resigns and will have an action against the employer for wrongful dismissal. As shown in - Pick three
- A.
Donovan v Invicta Airways (1970)
- B.
Simmonds v Dowty Seals Ltd (1978)
- C.
Kevin Keegan v Newcastle United Football Club Limited (2010)
- D.
Western Excavating (ECC) Ltd v Sharp (1978)
Correct Answer(s)
A. Donovan v Invicta Airways (1970)
B. Simmonds v Dowty Seals Ltd (1978)
C. Kevin Keegan v Newcastle United Football Club Limited (2010)Explanation
The given correct answer includes three cases where a repudiatory breach occurred and the employee resigned, giving them the right to take legal action against their employer for wrongful dismissal. These cases are Donovan v Invicta Airways (1970), Simmonds v Dowty Seals Ltd (1978), and Kevin Keegan v Newcastle United Football Club Limited (2010). In these cases, the employees were able to successfully argue that their employers' actions constituted a fundamental breach of their employment contracts, leading to their resignations and subsequent legal claims.Rate this question:
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- 47.
A failure to investigate a health and safety complaint was held to be conduct sufficient to entitle the employee to treat the contract as terminated. As shown in -
- A.
British Aircraft Corporation v Austin (1978)
- B.
Simmonds v Dowty Seals Ltd (1978)
- C.
Western Excavating (ECC) Ltd v Sharp (1978)
- D.
Donovan v Invicta Airways (1970)
Correct Answer
A. British Aircraft Corporation v Austin (1978)Explanation
In the case of British Aircraft Corporation v Austin (1978), it was held that a failure to investigate a health and safety complaint was considered conduct that entitled the employee to treat the contract as terminated. This means that if an employer fails to properly investigate a complaint related to health and safety issues, the employee has the right to consider their contract of employment as terminated. This case sets a precedent for the importance of employers taking complaints seriously and conducting thorough investigations in order to ensure the safety and well-being of their employees.Rate this question:
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- 48.
If the employee does not resign in the event of the breach, he is deemed to have accepted the breach and waived any rights. However, he need not resign immediately and may legitimately wait until he has found another job. As shown in -
- A.
Cox Toner (International) Ltd v Crook (1981)
- B.
Simmonds v Dowty Seals Ltd (1978)
- C.
Donovan v Invicta Airways (1970)
- D.
Western Excavating (ECC) Ltd v Sharp (1978)
Correct Answer
A. Cox Toner (International) Ltd v Crook (1981)Explanation
The case of Cox Toner (International) Ltd v Crook (1981) supports the explanation that if an employee does not resign in the event of a breach by the employer, it can be deemed that the employee has accepted the breach and waived any rights. However, the employee is not required to resign immediately and can wait until they have found another job. This case sets a precedent for this principle and is cited as a reference for understanding the legal implications in similar situations.Rate this question:
-
- 49.
Dismissal for one of the following reasons is fair unless the employer acted unreasonably in dismissing for the reason given:
- A.
Capabilities/qualifications of employee
- B.
Conduct of employee
- C.
Redundancy
- D.
Retirement
- E.
Continued employment would contravene statute
- F.
Some other substantial reason
- G.
Resignation
- H.
Status of employee
- I.
Conduct of employer
Correct Answer(s)
A. Capabilities/qualifications of employee
B. Conduct of employee
C. Redundancy
D. Retirement
E. Continued employment would contravene statute
F. Some other substantial reasonExplanation
The answer provided includes all the reasons that can potentially justify a fair dismissal, as long as the employer's actions were reasonable. This means that if an employee lacks the necessary capabilities or qualifications for their job, or if their conduct is unacceptable, the employer can dismiss them fairly. Similarly, if the employee's position becomes redundant or they reach the retirement age, the employer can also dismiss them fairly. Additionally, if continued employment would violate a statute or if there is some other substantial reason justifying the dismissal, it would be considered fair. The answer does not include resignation or the conduct of the employer as these are not valid reasons for a fair dismissal.Rate this question:
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- 50.
An employer can only rely on a given reason for dismissal where he knew of it at the date of the dismissal. As shown in - (two cases)
- A.
Devis W & Sons Ltd v Atkins (1977)
- B.
Stevenson v Golden Wonder Ltd (1977)
- C.
Singh v London Country Bus Services (1976)
- D.
Polkey v Dayton (AE) Services (1987)
Correct Answer(s)
A. Devis W & Sons Ltd v Atkins (1977)
B. Stevenson v Golden Wonder Ltd (1977)Explanation
In Devis W & Sons Ltd v Atkins (1977) and Stevenson v Golden Wonder Ltd (1977), it was established that an employer can only rely on a given reason for dismissal if they knew about it at the time of the dismissal. This means that if the employer was not aware of the reason at the time of the dismissal, they cannot later use that reason as justification for the dismissal. These cases highlight the importance of employers having knowledge of the reasons for dismissal before taking any action.Rate this question:
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Current Version
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Mar 19, 2023Quiz Edited by
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Sep 26, 2011Quiz Created by
SarBobBear
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