Chapter 20 Self-test questions

Which of the following would establish a dismissal under the common law?

The frustration of the contract.

A resignation freely offered in response to the worker being offered alternative employment.

A resignation made due to the threat of a dismissal.

The death of the employer.

The remedy following a successful claim of wrongful dismissal is reinstatement of the worker to his/her former employment with the defendant employer.

True

False

________ awards following a successful wrongful dismissal claim aim to place the dismissed individual in the position they would have been had the contract not been breached.

Which of the following qualifications is required to enable a claim under wrongful dismissal?

Employee status.

The claimant to have completed one year's continuous employment only.

A claim within three months of the effective date of termination only.

A fundamental breach of the contract by the employer.

The non-renewal of a fixed term contract does not constitute a dismissal at common law but may enable a claim to be made for unfair dismissal.

True

False

Where the contract does not provide details, the Employment Rights Act 1996 s. 86 provides that where an employee has been engaged for a period of between one month and two years continuously for the same employer, they are entitled to ___ week's notice.

For the purposes of a claim through redundancy, in which of the following circumstances will a dismissal have been deemed to take place?

The employer has ceased to continue to carry on the type of work that was previously undertaken by the employee.

The employer has offered the employee faced with redundancy a suitable offer to renew their contract or of re-engagement.

An associated employer has made a suitable offer of employment.

The employee's contract has been transferred to another employer under the TUPE 2006 Regulations.

Where a contract of employment does not contain a notice period for its termination, the only method of determining the applicable notice period is to look at other contracts agreed between the employer and similarly-engaged workers.

True

False

An individual wrongfully dismissed has a duty of _________ to (reasonably) attempt to reduce the damage / losses sustained as a result of the breach.

Which of the following would NOT constitute an automatically unfair selection for redundancy?

Due to an agreement between the employer and the employees' representatives (such as 'last in first out' in a section of the workforce where everyone performs the same job).

Due to membership or non-membership of a trade union, or activities connected with the membership.

Due to pregnancy or childbirth, or if the employee has asserted statutory rights or made complaints under health and safety legislation.

Due to unreasonable selection on the basis of a discriminatory policy.

Breach of contract in employment, leading to a claim of wrongful dismissal, is a common law action. As such, the only available remedy is damages, not the equitable remedy of injunctions.

True

False

A claim of wrongful dismissal must be made within ___ years following the termination of the contract.

Under the Trade Union and Labour Relations (Consolidation) Act 1992, when must an employer begin the process of consultation with regards to a redundancy situation involving 20 or more employees?

When the employer has made the selections for redundancy.

When the employees / employees' representatives request the consultation process.

Within 8 days of the formal decision to make redundancies.

When the employer is contemplating making redundancies.

A wrongfully dismissed worker is expected to have reasonably mitigated their losses following the dismissal.

True

False

As a potentially fair reason to dismiss, _________ involves two broad scenarios. The employer may be closing the business and hence there is no work for the employee to do; or the employee may be surplus to the employer's requirements following, for example, a reorganization or refocus to the business.

Where an employer has offered an employee (who is subject to redundancy) alternative employment, this is considered a trial engagement to assess its suitability for the employee for how long?

One week.

Four weeks.

Four months.

Eight weeks.

Reasons discovered by an employer following (an otherwise wrongful) dismissal will not be admitted by the court / tribunal to subsequently justify the dismissal.

True

False

Where an employee is selected for redundancy because of their membership (or non-membership) of a trade union, this is an example of an _________ unfair selection.

The Transfer of Undertakings (Protection of Employment) Regulations 2006 consider a 'relevant transfer' to include:
i) The transfer of the business between the current owner (the transferor) and the new owner (the transferee).
ii) Contracting-out / out-sourcing (such as where a service previously undertaken by the client is awarded to a new contractor).
iii) Re-tendering (such as where a contract for a service is awarded to a new contractor).
iv) Contracting-in / In-sourcing (such as where a contract with the previous contractor is performed 'in-house').

i only.

i and iv.

i, ii and iii.

All of the above.

A claim for wrongful dismissal must be brought within six years following the notice of the contract being ended.

True

False

When the employer is planning redundancies involving __ or more employees, there is an obligation, brought into effect through the Trade Union and Labour Relations (Consolidation) Act 1992 ss. 188–198, to consult with the recognized trade union or other employee representatives. The requirement is to begin the consultation process when the employer is 'contemplating' redundancies.

Which of the following is a potentially fair reason to dismiss an employee when the dismissal is connected with a transfer covered by TUPE 2006?

An economic, technical or organisational reason.

Due to the sex of the employee.

Due to the employee's race.

As the employee has a disability that would make the business more difficult to operate with him/her employed.

In claims for redundancy payments, the tribunal is allowed to question the employer's motives for choosing to make redundancy dismissal and whether this was a sensible and justifiable business decision.

True

False

An employee offered alternative employment following selection for redundancy will lose their right to claim a redundancy payment where they have been ___________ in a refusal to accept the offer.

As a bare statutory minimum, an employee who has worked for the employer continuously for five years is entitled to how much notice?

One week.

Five weeks.

None unless explicitly agreed in the contract.

Twelve weeks.

To qualify for the protection of redundancy, the claimant must:
1) be an employee;
2) have been continuously employed by the same employer for at least one year before the relevant date of the redundancy;
3) not be in an excluded category of worker; and
4) have been dismissed (for redundancy).

True

False

The ________ __ _____________ Regulations 2006 impose obligations on the transferor and transferee in respect of the firm's employees and their terms and conditions of employment when a business is transferred.

Dismissal of a pregnant worker due to her pregnancy may be held as fair selection for redundancy.

True

False

Under the Transfer of Undertakings (Protection of Employment) Regulations 2006 reg. 7(3), an otherwise unfair dismissal connected to the transfer may be justified by the new employer if it is due to an _________ technical, or organizational reason.

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