1.
When is employee entitled to a written statement of particulars or contracts?
Correct Answer
A. 8 weeks
Explanation
An employee is entitled to a written statement of particulars or contracts within 8 weeks of starting their employment. This statement should include important details such as job title, working hours, pay, and other terms and conditions of employment. It is a legal requirement for employers to provide this written statement to their employees within the specified timeframe to ensure transparency and clarity regarding the employment agreement.
2.
Can an employee claim that they have been sexually discriminated against if they've only been employed by an organization for 6 months?
Correct Answer
A. Yes
Explanation
An employee can claim that they have been sexually discriminated against even if they have only been employed by an organization for 6 months. There is no minimum time requirement for experiencing sexual discrimination, and it can occur at any point during employment. Discrimination based on sex is prohibited by law, and employees have the right to file a complaint or take legal action if they believe they have been subjected to such discrimination, regardless of the duration of their employment.
3.
What is the maximum amount of damages that employees can claim if they are found to have been dismissed due to racial discrimination?
Correct Answer
D. Unlimited
Explanation
Employees can claim unlimited damages if they are found to have been dismissed due to racial discrimination. This means that there is no cap or limit on the amount of compensation that can be awarded in such cases. The unlimited damages reflect the seriousness of racial discrimination and aim to provide full redress for the harm caused to the employees.
4.
Can an employee that has been employed for 3 years but works less than 16 hours per week claim unfair dismissal?
Correct Answer
A. Yes
Explanation
An employee who has been employed for 3 years but works less than 16 hours per week can claim unfair dismissal. This is because the length of employment exceeds the minimum requirement for claiming unfair dismissal, regardless of the number of hours worked per week. The employee may argue that their dismissal was unjust or unreasonable, and they have the right to seek legal recourse for compensation or reinstatement.
5.
The contract of employment (or statement of particulars) needs to be in writing in order to be enforceable?
Correct Answer
B. No
Explanation
The contract of employment does not necessarily need to be in writing in order to be enforceable. In many cases, a verbal agreement or even an implied agreement can be legally binding. However, having a written contract can provide clarity and evidence of the terms and conditions agreed upon by both parties, making it easier to resolve any disputes that may arise. Additionally, some jurisdictions may have specific legal requirements that mandate certain terms to be in writing for enforceability purposes.
6.
How much currently is SMP?
Correct Answer
B. 135.45
Explanation
The correct answer is 135.45.
7.
Employers have a statutory responsibility to consult their workforce for how many days when proposing to make 100 or more redundancies?
Correct Answer
C. 90 days
Explanation
Employers have a statutory responsibility to consult their workforce for 90 days when proposing to make 100 or more redundancies. This means that employers are legally obligated to engage in a consultation process with their employees for a period of 90 days before making any decisions regarding redundancies. This allows for open communication, discussion, and potential alternatives to be explored, ensuring that all parties are involved and informed throughout the process.
8.
How long in total is paid statutory maternity pay for?
Correct Answer
D. 39 weeks
Explanation
Paid statutory maternity pay is provided for a total of 39 weeks. This duration ensures that new mothers have sufficient time to recover from childbirth and bond with their newborns. It also allows them to take care of their baby's needs during the crucial early months. This extended period of paid leave aims to support and promote the well-being of both the mother and the child.
9.
What is the current National Minimum wage rate for employees 21 years and over (Added Rate)?
Correct Answer
B. 6.08
Explanation
The current National Minimum wage rate for employees 21 years and over (Added Rate) is 6.08.
10.
The employer must show that less favourable treatment is a proportionate means of achieving a ___________ __________
Correct Answer
legitimate
aim
Explanation
The employer must demonstrate that the less favorable treatment is a legitimate aim. This means that the employer must have a valid and justifiable reason for treating someone less favorably. The aim must be lawful, non-discriminatory, and in line with the organization's objectives or values. The employer must also show that the less favorable treatment is proportionate, meaning it is necessary and reasonable in order to achieve the legitimate aim.
11.
What does G.O.R. stand for?
Correct Answer
genuine
occupational
requirement
Explanation
The acronym G.O.R. stands for genuine, occupational, requirement. This term is often used in employment law to refer to a legitimate reason for an employer to discriminate against a certain individual or group of individuals based on a protected characteristic, such as gender, race, or disability. In order for a requirement to be considered a G.O.R., it must be necessary for the job and proportional to the aim pursued.
12.
What are the three elements for calculating statutory redundancy pay?
Correct Answer
B. Age, Salary and Length of Service
Explanation
Statutory redundancy pay is calculated based on three factors: age, salary, and length of service. Age is considered because older employees may find it more difficult to secure new employment. Salary is taken into account because higher earners may require more compensation. Length of service is important as it reflects the employee's loyalty and commitment to the company. By considering these three elements, a fair and equitable redundancy payment can be determined.