Chapter 21 Self-test questions

Unfair dismissal and constructive dismissal
Only individuals with the employment status of _________ may bring a claim of unfair dismissal.

To enable a claim for constructive unfair dismissal to succeed, which of the following elements are required:
i) The employee to have followed the statutory grievance procedures.
ii) The employer having breached a fundamental term of the contract and the employee accepting this breach.
iii) The employee having completed a minimum of three years' continuous service.
iv) The employee having identified to the employer the reason for his/her resignation.

Independent contractors and employees in the police service may qualify for the right to protection against unfair dismissal.

When establishing qualification criteria for unfair dismissal, the Employment Rights Act 1996 s. 212(1) identifies _________ ________ as 'Any week during the whole or part of which an employee's relations with his employer are governed by a contract of employment counts in computing the employee's period of employment.'

Which of the following is NOT a necessary criterion to qualify for the right to claim unfair dismissal.

The qualifications to be satisfied before an individual may seek protection against an unfair dismissal are:
1) employee status;
2) they must have been employed by the same employer for at least two years before the dismissal;
3) they must have been dismissed (and unfairly); and
4) the claimant must submit the claim of unfair dismissal within six months of the effective date of termination.

The dismissal of a homosexual man from his employment at a residential holiday camp was considered 'some other substantial reason of a kind such as to justify the dismissal.' This is a potentially fair reason to dismiss as identified in section __ of the Employment Rights Act 1996.

The automatically unfair reasons to dismiss an employee include:
i) Dismissal due to a spent conviction.
ii) Dismissal due to a transfer of the undertaking protected under TUPE 2006.
iii) Dismissal due to the worker's capability.
iv) Dismissal due to the worker being pregnant.

The Employment Rights Act 1996 s. 98 outlines the five potentially fair reasons that an employer may use to justify a dismissal in a claim of unfair dismissal.

Dismissals due to the pregnancy of the worker, a spent conviction under the Rehabilitation of Offenders Act 1974, or trade union membership or activities are examples of __________ unfair reasons to dismiss.

Which of the following is NOT a potentially fair reason to dismiss as identified in the Employment Rights Act 1996.

An employee who has been dismissed may request the employer provides them with the reason in writing.

The Employment Relations Act 1999 ss. 10–13 provide an individual with the right to be accompanied by a _________ or trades union official at a meeting which may result in their discipline and/or dismissal.

The remedies available for a tribunal to award in successful cases of unfair dismissal include:
i) Compensation.
ii) Reinstatement.
iii) Re-engagement.
iv) Specific performance.

Employers should follow the statutory disciplinary and grievance procedures to demonstrate and ensure fairness when dismissing an employee.

The acronym of the body which produced a code of practice and procedural fairness for employers in relation to the exercise of disciplinary and grievance matters is ____.

Which of the following is NOT a component in establishing the compensation remedy for unfair dismissal.

Employers do not require 'proof' of an employee's misconduct to potentially justify a dismissal as being fair. The employer simply requires a 'reasonable belief.'

An unreasonable failure to follow the ACAS Code of Practice 1 in relation to dismissals may lead to a tribunal raising or lowering any award by up to __ per cent.

Under the Burchell principles, which of the following is NOT a requirement to be followed as identified in the judgment?

An employee's unpleasant and disruptive behavior at work is not a ground upon which an employer can rely and be considered potentially fair if cited as the reason for the employee's dismissal.

The employer may present a ___________ fair reason, as outlined in s. 98 Employment Rights Act 1996, to justify the dismissal.

Under the Employment Relations Act 1999 ss. 10–13, a worker who attends a disciplinary meeting has the right to be accompanied by a lawyer or trade union official.

__________ dismissal allows the employee to accept the employer's repudiation of the contract and claim unfair dismissal.

In determining the reasonableness of an employer's action as whether, based on the facts held at the time, they were justified in dismissing the employee, the tribunal must not substitute its own view for that of the band of reasonable responses.

Where an employer has fundamentally altered the contract, there is a requirement for the affected employee to make some outward sign if they do not accept. If the employee says nothing to dispute the employer's action, then it may be considered that they have waived the right to claim by _________ the change in contract and will have lost their right to bring an action against it.

The remedies available following a successful claim of unfair dismissal are reinstatement, re-engagement and compensation.

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