Chapter 11 Multiple choice questions

. Why is continuity of employment important?

In order to ensure that you are paid regularly.

It is important because a number of rights like protection from unfair dismissal depend upon having it.

It is not important because people are always moving from one employer to another.

It is important because you will not be able to make a discrimination claim without having at least one year's continuous employment.

. Will continuity of employment be broken if you leave your employment for a couple of days during a week and then rejoin?

Yes, continuity has clearly been broken by leaving the employer.

Yes, because the law has a common sense approach to these matters and here continuity has clearly been broken.

Yes, because the employee clearly made a mistake and should not be penalised for it.

No, because employment in any one week enables continuity to be maintained.

. Is continuity maintained if an employee is absent through sickness?

Yes, otherwise employees would be frightened of taking sick leave.

Absences through sickness of less than 26 weeks will definitely not be held to break continuity.

No, because employees could take as much time off as they liked if it were so.

It depends what the sickness is.

. If an employee had 104 weeks' service, but had been on strike for two of those weeks, would he or she qualify to claim two years' continuity of employment?

Yes, strikers are protected so this would not make any difference.

Yes, otherwise it would discourage people from taking industrial action.

No, because weeks when an employee is on strike do not count for continuity purposes.

No, because industrial action breaks continuity and the employee would start all over again after the strike is finished.

. What is the intention of the TUPE Regulations?

It appears that they are to confuse people, as can be seen from the large number of cases on the subject.

To protect employees when their employer changes as a result of a transfer.

To transfer the best employees from one employer to another.

To protect employers from employee claims in connection with a transfer.

. What sort of transfers do the 2006 TUPE Regulations apply to?

Transfers of employees only.

Transfers of economic entities only.

Transfers of economic entities and service provision changes.

Anything that is transferred between employers.

. In the context of the TUPE Regulations when does a service provision change take place?

When there is a change in the service provided.

When an employer contracts out some part of its activities.

When a small employer grows into a larger one and changes the way it organises itself.

When there is a transfer of services.

. Would an employee of the transferor employer who was dismissed a week before a transfer still be protected by the TUPE Regulations?

Not unless they had been unfairly dismissed because of the impending transfer.

No, they were clearly not employed at the time of the transfer.

Yes, all employees of the transferee in the period before the transfer would be covered.

Yes, otherwise employers would be able to dismiss everyone that they did not wish to transfer.

. What can happen to an employee who does not wish to transfer?

He or she is made redundant by the transferee and receives statutory redundancy payments.

He or she is dismissed immediately.

He or she is in a position where, at the time of transfer, they are not employed by the transferor nor employed by the transferee.

He or she must be kept on in the transferor's employment.

. When should information about the transfer be communicated to employees or their representatives?

As soon as it is known.

Long enough before to enable consultation to take place.

After the transfer has been completed.

When the employer decides it is the most opportune time.

Chapter 11 Multiple choice questions

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