Chapter 19 Self-test questions

A statutory definition of employment status is provided in the Employment Rights Act 1996 s. 230.

True

False

Beyond the statutory definition, the _______ ___ identifies the tests used to establish the employment status of individuals.

Which test is used to most commonly (and effectively) identify employment status?

The distinction provided in s. 230 of the Employment Rights Act 1996.

The control test.

The integration / organisation test.

The mixed / economic reality test.

The first test used in identifying employment status, and developed through the common law, was the 'integration test.'

True

False

The original common law test used to establish employment status, which was based on the master/servant distinction, was the _______ test.

Which of the following features are the most indicative of an 'employee'?

The existence of control by the employer, mutuality of obligations, and that the individual is not in business on his/her own account.

The individual has the right to participate in the management of the organisation.

The individual has a financial risk in the venture.

The individual has the right to supply a substitute and does not have to perform the work personally.

The 'integration test' of employment status considers the integration of an individual into any trade unions recognized by the employer in the workplace.

True

False

The common law test of __________ was developed in the case Stevenson, Jordan and Harrison v Macdonald and Evans.

Decisions by the Employment Tribunals assessing employment status are based on:

The law only.

The facts of the individual case only.

Decisions of other tribunals only.

A mix of law and fact.

An essential feature of employee status is the mutuality of obligations between the parties.

True

False

Section 1 of the Employment Rights Act 1996 obliges an employer to provide an employee with ______ ________ of employment within two months of starting work.

Which of the implied terms in a contract of employment is often considered the most important?

The employee's duty to cooperate with the employer.

The employer's duty to provide a safe system of work.

The duty of mutual trust and confidence.

The employee's duty of fidelity.

The tests established through case law to identify the employment status of an individual must be strictly adhered to and these tests must be applied in a 'mechanical' way to ensure consistency of approach in the tribunals. The tribunals have no discretion in the application of the tests.

True

False

The implied term of ________ identifies that an employee must not work in competition with the principal employer and they must give to the employer their faithfulness.

The written statement of particulars has to be provided to employees when?

Within one year of the commencement of employment.

At the discretion of the employer.

Within two months of the commencement of employment.

Not needed as it is included in the contract of employment.

The case Montgomery v Johnson Underwood established the leading test for determining employment status. The decision identified that the individual must be registered as an employee and pay their own income tax to be considered an employee.

True

False

Insofar as the employer provides the employee with pay, and with exception of certain professions (such as in the entertainment / medicine industries), the employer is not under an implied term to provide an employee with ____.

The common law test of establishing the status of employment of a worker through 'integration' in Stevenson, Jordan and Harrison v Macdonald and Evans was flawed because:

The term 'integration' was not defined.

Alternative common law tests were already established.

Existing statutory definitions were adequate for establishing employment status.

The case concerned negligence rather than an employment dispute.

Within two months of the employment commencing, an employer must provide an employee with the written particulars of employment.

True

False

One of the most significant implied terms imposed on both employers and employees is to maintain mutual _______ ___ _______.

According to Hall v Lorimer, how should tribunals approach the tests established through the common law when assessing an individual's employment status?

The tests should be applied strictly according to the instructions provided in the judgments.

The tests are merely persuasive and do not establish precedents that have to be followed.

The tests should not be proceeded through mechanically.

The tests should be proceeded through mechanically.

Employees are subject to an implied term that they must disclose the misdeeds of others and any misdeeds they have committed.

True

False

The Employment Rights Act 1996 s. 230 and the various common law tests are used to determine the employment status of a worker, an employee and an _________ _______.

The case of Montgomery v Johnson Underwood established which TWO tests necessary to establish employment status, before the tribunal proceeds to the remaining tests?
i) Control exercisable by the employer;
ii) The intentions of the parties;
iii) Mutuality of obligations;
iv) Any employment status identified in the contract of employment.

i and ii.

ii and iii.

ii and iv.

i and iii.

An employee is under a duty to adapt to new working conditions as introduced by the employer – such as the use of new technology. The employer must provide adequate training where necessary and provide the employee with time to adapt.

True

False

A fundamental reason why an employer will wish to determine the employment status of a worker is that the protection against unfair dismissal is only available to individuals identified as an _________.

Employees who are asked to change or adapt to incorporate new technology in a system of working may:

Refuse to adapt.

Refuse unless it is part of an express agreement in the contract of employment.

Must always adapt.

Must adapt insofar as the employer has provided adequate training and time for adaptation.

Generally (although subject to exceptions), the employer is under no implied obligation to provide an employee with work.

True

False

An independent contractor works under a 'contract for services.' An employee works under a 'contract __ ________'.

In relation to an employer providing an employee with work, the following is correct:

The employer is always under a duty to provide the employee with work.

The employer will only be under a duty to provide work where the nature of the job so demands.

The employer is never under a duty to provide work.

The employer is not under a duty to provide work where he/she has provided the employee with pay.

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