Chapter 13 Multiple choice questions

. Which one of the following statements is correct?

An employee works under a contract for services.

A self-employed person works under a contract of service.

A self-employed person cannot bring a claim for unfair dismissal.

A worker can bring a claim of unfair dismissal.

. The mutuality of obligation test:

Looks at the extent that a person is under the control of the employer.

Considers how far a person can be said to be 'in business on his own account'.

Looks at whether the employer is obliged to provide work for the employee and the employee is obliged to accept it.

Looks at how much the work is fully integrated into the core activities of the employing organisation.

. Under the Employment Rights Act 1996 the minimum amount of notice that an employer has to give an employee who has worked for him for two years is:

1 week.

2 weeks.

1 month.

2 months.

. What is meant by constructive dismissal?

Where there is a serious breach of contract by the employer which entitles the employee to treat it as terminated.

Where an employee is guilty of gross misconduct and the employer dismisses him immediately.

If an employer dismisses the employee without giving him the notice agreed in his contract.

Where an employee is dismissed for an unfair reason.

. Which one the following kind of dismissal is automatically fair?

Employee is persistently late for work.

Employee is incompetent.

Employee is made redundant.

Employee takes part in unofficial industrial action.

. Which of the following is not an automatically unfair dismissal?

Dismissal because someone is part-time.

Dismissal for reason relating to pregnancy.

Dismissal for being late on two occasions.

Dismissal for asserting the right to a minimum wage.

. Which of the following statements is incorrect?

An employer is not allowed to set a compulsory retirement age unless he can objectively justify it.

If a person's job is redundant, then the person can be fairly dismissed, if the correct proare followed.

In order to bring a complaint for an automatically unfair dismissal an employee has to have been employed for at least two continuous years.

If an employer dismisses an employee for a reason that is capable of being fair, he still has to show that the procedure that he used for the dismissal was a fair one.

. The Service that produces the Code of Practice on Disciplinary and Grievance Procedures is:

Advisory, Conciliation and Arbitration Service.

Arbitration, Conciliation and Advice Service.

Mediation and Conciliation Service.

Arbitration Mediation and Conciliation Service.

. When is there a legal obligation on an employer to provide 'collective consultation' as well as 'individual consultation' on redundancy?

Whenever any redundancies are being made.

Where an employer is proposing to dismiss 6 or more employees.

Where an employer is proposing to dismiss 20 or more employees.

It is not a legal requirement to provide collective consultation but it is good practice.

. Which one of the following is not a redundancy situation?

When the workplace is being reorganised.

When a business is closing.

When a workplace is closing.

Where there is a diminishing need for employees to do particular kinds of work in an organisation.

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