Diagnostic test

. What type of contract does an employee have?

A contract for service

A contract of service

A contract for services

A contract of services

. 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

. Employee and workers are entitled to receive which of the following?

A written contract

A written statement of particulars

A written works handbook

A written personnel manual

. How can changes to a contract of employment lawfully be made?

With the consent of either party

With the consent of a tribunal or court

With the consent of both parties

With the consent of the Secretary of State

. If a tribunal is not persuaded that a deduction was authorised by the employee's contract:

The worker is entitled to be paid the money deducted

The worker is entitled to be paid twice the value of the money deducted

The tribunal will refer the matter to the Secretary of State

The tribunal will fine the employer

. An employer who makes an overpayment may recover it if there was which of the following?

A mistake of law

An innocent mistake

A negligent mistake

A mistake of fact

. 'Like all the other protected characteristics it is possible to objectively justify indirect age discrimination; like the other characteristics it is not possible to justify direct discrimination.' Is this statement true?

Yes, age discrimination is treated in the same way as all the other grounds of discrimination.

No, because it is possible to justify direct age discrimination.

Yes, it is possible to justify it, but only in respect of older workers.

Yes, it is possible to justify it, but only in respect of younger workers.

. Often employees receive extra benefits for long service, like extra holidays for example. Is this allowed under the Equality Act 2010?

Yes, it is always allowed without the need for further justification.

Yes, there is no requirement to justify it if related to service of less than five years. Thereafter it needs to be justified.

Yes, there is no requirement to justify it if related to service of less than two years. Thereafter it needs to be justified.

No, it is not allowed because it discriminates against younger people who do not have the length of service.

. 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 organisation.

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.

. If a local authority were to give free use of its swimming pools to all those who have reached the state retirement age, would it be guilty of sex discrimination?

No, because it would have treated all those who have retired equally.

It may have, because not everyone can swim, and that would mean that non-swimmers are being treated less favourably.

Probably yes, because this means that men, who at present have a state retirement age of 65 years, would be at a disadvantage when compared to women, who, currently, have a retirement age of 60 years.

Sometimes, because not everyone would need free access to the council's swimming pools.

. Is it legally possible to turn down an applicant for a job because she is pregnant?

Yes, it must be possible because the employee will only be in the job a short time before she goes off on maternity leave.

No, it would amount to direct sex discrimination.

Only if the applicant was more than 3 months pregnant.

Yes, if the employer is a small firm who would not be able to deal with the consequences.

. Is it possible to replace a temporary worker who is pregnant and on maternity leave with a permanent replacement?

Yes; it must make sense to do so.

No; the employer probably had the option of replacing her before she took leave, but did not do so.

Yes; a permanent recruit must always take priority over a temporary worker.

No; it would be very upsetting for the temporary worker during her pregnancy.

. Under the Working Time Regulations 1998, which of the following applies if workers are required to be 'on call' at their place of work?

None of these hours counts as working time

All of these hours count as working time

Half of these hours count as working time

Tribunals decide how many hours should count as working time

. In relation to working time, what is the standard reference period?

7 weeks

7 months

17 days

17 weeks

. Contractual terms and conditions of employment can only be varied by which of the following?

Unilateral action by the employer

Unilateral action by the employee

The intervention of a court or tribunal

Mutual agreement

. 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

. How much service must employees normally have to claim unfair dismissal?

Three months

One year

Six months

Two years

. If a qualified employee requests a written statement of the reasons for dismissal, the employer must provide one within what time period?

14 days

4 days

7 days

28 days

. In relation to redundancy, what does section 163 ERA presume?

A dismissal for redundancy is unfair

A dismissal is by reason of redundancy

A redundancy dismissal claim was submitted in time

The employee was dismissed at law

. In the context of redundancy, what must an employer prove in relation to offers of suitable alternative employment?

Both the suitability of the offer and the unreasonableness of the refusal

Only that the offer was suitable

Only that the refusal was unreasonable

Only that the offer was made

. 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 commonsense 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.

Diagnostic test

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