Chapter 23 Self-test questions

Regulation of the conditions of employment
The Working Time Regulations 1998 provide that in a seven-day-week period, the worker should not exceed 48 working hours, assessed over a ___ week period.

An employee who is working as much as 90-hours per week and suffers deteriorating health as a result (which was reasonably foreseeable) may result in an employer being liable in torts for the injury / loss suffered.

Under the Working Time Regulations 1998, what is the maximum working week of an adult (calculated, typically, over a seventeen week period)?

The Working Time Regulations 1998 provide that adult workers are entitled to a 20 minute rest break if expected to work more than ___ hours at a stretch.

The Working Time Regulations provide that a maximum working week must not exceed 48 hours which will be assessed over a two week period.

Which of the following are methods available to determine the pay received by a worker when considering conformity with the National Minimum Wage Act 1998:
i) Time Work;
ii) Salaried Work;
iii) Output Work;
iv) Unmeasured Work.

From 1st April 2009, the Working Time Regulations provide for paid annual leave entitlement for a period of ___ weeks.

The Working Time Regulations provide that adult workers are entitled to a 60-minute rest break if expected to work more than six hours at a stretch.

When the courts protect an employer through enforcement of a restraint of trade clause, which of the following would NOT be considered applicable for protection?

In establishing the national minimum wage rate, the government takes recommendations from the ___ ___ Commission.

When establishing the rates for the National Minimum Wage Act 1998, the Government takes recommendations from the Low Pay Commission with regard to annual increases.

An employer is obliged to carry Employers' Liability Insurance in respect of which category(s) of individual:
i) Employees;
ii) Independent contractors;
iii) Self-employed traders;
iv) Agency workers employed on a casual basis.

The health and safety of employees is a ____________ duty on the employer which means the employer cannot remove / transfer their duty.

Insofar as the employer has provided safe equipment for the employees to use at work, there is no requirement that they must ensure employees are competent to use these as this is too subjective a concept.

In relation to the Working Time Regulations, adult workers are entitled to how much rest in each 24-hour period?

Under an employer's duty to provide workers with a safe system of work, they must ensure systems are in place to allow tasks to be conducted without any ____________ risk of injury or illness attributable to carrying out this function.

Under the Health and Safety at Work Act 1974, employers only have responsibility for the health and safety of employees. Independent contractors are assumed to be responsible for themselves as they have their own insurance, work for themselves and so on.

Under the Health and Safety at Work Act 1974, an employer has a responsibility for the health and safety of which category of individual?

The main legislative provision covering health and safety in the workplace is the ______ ___ ________ ___ ______ Act 1974.

A restraint of trade clause will only be applicable if: 1) it seeks to protect the employer's legitimate proprietary interests (such as trade secrets and customer information); and 2) it is reasonable between the parties and is in the public interest.

If an employer commits an offence of gross negligence manslaughter, which of the following punishments may the court impose?

The Health and Safety at Work Act etc. 1974 obliges employers to conduct their undertaking in such a way as to ensure that employees and ______________ who may be affected by their actions, are not exposed to risk of their health and safety.

Confidential information (client lists, suppliers' details, and so on) and trade secrets (secret formulas and so on) will be included in the court's assessment of a proprietary interest when considering the application of a restraint of trade clause.

A ________ ___ _______ clause may be used by an employer to prevent a (former) employee from working in competition with them for a period of time, or to prevent the employee from using confidential information gained from the employment.

A restraint of trade clause is assessed in its entirety and if some elements are considered going beyond the necessary aims of protecting the employer's business, the whole clause is unenforceable.

For the purposes of assessing the legitimacy of a restraint of trade clause, confidential information and trade secrets will be considered a _________ interest.

Upon an employer's insolvency, holiday pay and wages (to the current maximum or four months' pay (whichever is less)) are assigned 'preferential debt' status and may be paid out of the employer's remaining assets ahead of other debts.

Back to top