Chapter 25 Multiple Choice Questions

. In relation to employment tribunals, which one of the following statements in NOT true?

A typical employment tribunal consists of a legally qualified chairman and two wing members.

In employment tribunals, each party usually pays his own costs.

Decisions of employment tribunals bind the inferior courts.

Employment tribunals are classified as First-tier Tribunals.

Parties to an employment tribunal hearing are not required to have legal representation.

Employment tribunals are bound by the decisions of the House of Lords/Supreme Court, Court of Appeal and High Court.

Decisions of employment tribunals can be appealed to the Employment Appeal Tribunal.

. Decisions of the Employment Appeal Tribunal can be appealed to the Court of Appeal. True or False?

True

False

. Regarding the Employment Appeal Tribunal (EAT), which one of the following statements is true?

The EAT is entirely appellate and will never hear first-instance cases.

Legal aid is not available in the EAT.

The EAT is bound by decisions of the High Court, Court of Appeal and the House of Lords/Supreme Court.

Decisions of the EAT bind employment tribunals and the EAT itself.

. For several reasons, it is important to be able to distinguish between employees and independent contractors. Which one of the following is NOT a valid distinction between the two?

Employees are taxed differently to independent contractors.

Certain statutory and common law rights only apply to employees and will not apply to independent contractors.

In relation to health and safety issues, the duty owed to employees is stronger than the duty owed to independent contractors.

Employers do not owe a duty of care in tort to independent contractors, but they do owe a tortious duty of care to their employees.

. Jo enters into a contract with Conway Ltd, which provides that she is a subcontractor of the company and not an employee. Jo signs the contract, but later attempts to rely on a statute that only protects employees. Is the contract's classification of her as a non-employee conclusive?

Yes

No

. Today, the principal test used to determine the status of a purported employee is to determine how integrated the purported employee is into the employer's business. True or False?

True

False

. Edward runs a sole proprietorship and he employs Bella. Bella is paid on commission, but, in the last six months Edward has not provided her with any work and so she has been unable to make a living. Has Edward breached Bella's contract of employment?

Yes

No

. Jacob is an employee of MultiQuest Ltd. As a result of a flood, the factory where Jacob works is closed for two weeks and, during that period, the company refuses to pay Jacob. Has the contract of employment been breached?

Yes

No

. Employers must provide an employee with a reference if the employee so requests. True or False?

True

False

. There are a number of situations where the employee's duty of obedience will not apply. Which one of the following is NOT such a situation?

Where the instructions place the employee in danger.

Where the instructions relate to activities outside of the scope of the employee's employment.

Where the instructions require the employee to relocate.

Where the instructions require the employee to engage in an unlawful act.

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