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Return to Employment Law Concentrate 6e resources
Diagnostic test - where do I need to Concentrate?
Why is it necessary to distinguish employees from other types of worker?
For common law purposes only
For statutory purposes only
For both common law and statutory purposes
For EU purposes only
How relevant is the declared intention of the parties in determining whether or not a contract of employment exists?
Relevant where there is ambiguity and the contract is not a sham
Relevant if the court or tribunal thinks it desirable to consider it
If a Section 1 ERA 1996 statement is not provided, an employment tribunal can:
Order the employer to provide an explanation
Order the employer to provide a statement
Refer the matter to the EAT
Determine what the particulars should be
When does an employer have a duty to provide an employee with work?
All employees must be provided with work.
All manual staff must be provided with work.
All non-manual staff must be provided with work.
It depends on the circumstances of the case.
A worker who fails to notify the employer about an accidental overpayment may:
Keep the overpayment
Be committing theft
Seek a tribunal's permission to keep the overpayment
Be transferred against their will to another job
The National Minimum Wage Act (NMWA) contains a presumption that:
The worker has received the NMW
The worker is qualified to receive the NMW
The worker has been underpaid
The worker is both qualified to receive the NMW and has been underpaid
Is it correct to say that if an employer dismisses someone aged 65 years for reasons of retirement, then the individual will not be able to claim that this dismissal amounted to age discrimination?
It is not correct. Dismissing someone because of their age amounts to age discrimination.
It is correct because the Age Regulations apply only to people younger than 65 years old.
It is not correct because people are able to claim unfair dismissal regardless of their age.
It is correct. Provided the employer follows the procedural rules then dismissal for retirement at age 65 years is not age discrimination.
Is it possible for a white person to claim less favourable treatment under the Equality Act?
No, because the Act is designed to protect ethnic minorities from discrimination.
Yes, because sometimes white people can make up an ethnic minority.
Yes, because, as was stated in the Court of Appeal, it was appropriate to give a broad meaning to the expression 'racial grounds'. It was an expression that should be capable of covering any reason or action based on race. The phrase used in the Equality Act 2010 is 'because of race' but no difference in meaning was intended by Parliament on this point.
No, because white people are never less favourably treated.
What do we mean by a comparative model of justice in respect of direct discrimination?
We mean that someone has to be treated less favourably when compared to another.
We mean that all the claimants have to be treated as badly as the rest of the people in the same organization.
We mean that the claimants have been treated badly because of their sex or race.
We mean that the claimant has been treated badly compared to the accepted norms in society.
Is it possible to freely decide when employees should be able to have their holidays without infringing the Equality Act?
No, because employees should be entitled to take their holidays at any time with sufficient notice.
It will depend upon the situation, but there may be a possibility of indirect race discrimination if the employer has a multi-ethnic work force.
No, because holidays are governed by the Working Time Regulations.
Yes, because the employer must pay the employees during the time they are on holiday.
Is it possible to dismiss someone for redundancy if she is absent on maternity leave?
Yes, if someone's job is redundant then it must be possible to dismiss them even if they are on maternity leave.
No, it is impossible to dismiss anyone on maternity leave.
Yes, provided it has nothing to do with the pregnancy or maternity leave and the individual has been offered any suitable alternative employment.
No, because it would be unfair to dismiss someone who was absent from work at the time the decisions were made.
'The maximum age of a child for whom parental leave can be taken is 18 years old.' Is this statement correct?
Yes, unless the employer agrees to something different.
No, there are a number of exceptions, including children with a disability, adoptive situations, and where the delay in taking leave is the employer's decision.
No, because many children can be looked after by child carers so there is not a need for a uniform maximum age.
Yes, because that is what the Regulations state.
A night worker's normal hours must not exceed in a reference period an average of how many hours?
8 in any 48 hour period
8 in any 24 hour period
6 in any 24 hour period
10 in any 24 hour period
How much can a tribunal award where an employee's right to take time off to look for work is infringed?
Up to a week's pay
Up to two weeks' pay
A day's pay
Up to two-fifths of a week's pay
If employers accept part performance of contracts of employment they:
Must pay for such work as is agreed
Must pay the full wages specified in the contract
May choose not to pay any wages
Must ask a court or tribunal to assess what is owed to the employee
Damages for breach of contract are available:
For any consequences of the breach?
For the indirect and likely consequences of the breach?
For the direct and likely consequences of the breach?
Up to £5000?
If a qualified employee requests a written statement of the reasons for dismissal, the employer must provide one within what time period?
When must a claim for unfair dismissal normally arrive at an ET?
Within 1 week of the effective date of termination
Within 4 weeks of the effective date of termination
Within 3 months of the effective date of termination
Within 6 months of the effective date of termination
Unless a longer period is agreed for the purposes of retraining, a statutory trial period ends after how long?
8 working weeks
8 calendar weeks
4 calendar weeks
4 working weeks
A statutory redundancy payment is calculated on the basis of which of the following?
Length of service and pay
Age and length of service
Age, length of service, and pay
Age and pay
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.
Are there occasions when employers are not required to provide information to employee representatives within the context of collective bargaining?
They do not have to provide any information which will hamper them in negotiations.
They are not required to provide information in a number of specified reasons such as if it is information that relates specifically to an individual unless he or she has consented to its disclosure.
They have to be very open or the negotiations will not be conducted between equal parties.
They do not have to provide information which would help the trade union case in the negotiations.
Which criteria must a judge take into account in deciding whether to grant an interim injunction against a trade union from taking industrial action?
Whether there is a serious question to be tried and where the balance of convenience lies.
Whether the trade union puts up a good case.
Whether the issue is serious enough.
How well supported the industrial action is.
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