Chapter 10 Self-test questions

. Which of the following forms of industrial action does not amount to a breach of the employment contract?

Participating in a strike.

Working strictly to the terms of the contract with the intention of depriving the employer of the worker's best efforts.

Refusing to work voluntary overtime in an effort to withdraw goodwill.

Remaining at work but refusing to perform aspects of the job.

. An employee may be fairly dismissed for taking part in industrial action in all but which one of the following circumstances?

The employee has returned from an official, properly called strike after 10 weeks, and is dismissed four weeks later.

The strike was official but the ballot calling the strike was not properly conducted, and all the striking employees were dismissed.

The employee is dismissed, as have all other striking employees, after being on an official properly balloted strike for 14 weeks, where the employer has made reasonable attempts to settle the dispute.

The strike was unofficial.

. After OBG Ltd v Allan which of the following is not a proper tort action available against unions in relation to industrial action?

Inducing the breach of contract.

Conspiracy.

Causing economic loss by unlawful means.

Interference with contract.

. Which of the following is not an element of the tort of inducing breach of contract?

The defendant knows that he or she is inducing a breach of contract.

The defendant has reason to believe that the breach will cause economic harm to one of the parties to the contract.

The defendant intends to procure a breach of contract.

There must be an actual breach of contract.

. If a union wishes to call a strike of all of its members working for a hospital trust and reasonably believes that 45% of them normally do work of a kind specified as 'important public services', what ballot result does it need to benefit from immunity for organizing the action?

The majority of members voting must vote in favour of strike action.

More than half of the members entitled to vote must cast a vote and the majority of members voting must vote in favour of strike action,

More than half of the members entitled to vote must cast a vote and 40% of members entitled to vote must vote in favour of strike action,

More than half of the members entitled to vote must cast a vote and the majority of members voting must vote in favour of strike action, and 40% of those entitled to vote must vote in favour of strike action.

. The statutory definition of a trade dispute contained in section 244 of the Trade Union and Labour Relations (Consolidation) Act 1992 includes disputes between workers and their employer involving all but which one of the following?

The engagement or non-engagement, or termination or suspension of employment, or the duties of employment, of one or more workers.

The terms and conditions of employment, or the physical conditions in which any workers are required to work.

The allocation of work or the duties of employment between workers or groups of workers.

The respective positions of the workers and their employers with regard to matters of pressing political importance to one or both of the parties.

. Which of the following would be an example of secondary action within the meaning given to that term by section 224 of the
Trade Union and Labour Relations (Consolidation) Act 1992?

Encouraging the employees of company A to start a work-to-rule action in order to pressure company A to make concessions in a trade dispute with company A.

Encouraging the employees of company B to start a work-to-rule action in order to pressure company A to make concessions in a trade dispute with company A.

Boycotting the products of company B in order to pressure company A to make concessions in a trade dispute with company A.

Calling a strike in order to pressure company A to make concessions in a trade dispute with company A, but which has secondary effects on company B because it stops the flow of A's products.

. Which of the following would render a strike ballot invalid and result in the loss of immunity from tort on the basis of the strike?

Interference by the employer with the balloting process, for example by campaigning against the strike.

Failure by the union to supply the employer with the names of those to be balloted.

Use of a ballot paper that either does not contain the approved warning of possible breach of contract or contains unapproved comments on the warning.

Balloting by the union of workers at more than one workplace.

. Section 241 of the Trade Union and Labour Relations (Consolidation) Act 1992 makes it an offence unlawfully or without legal authority to do all of the following, in an effort to compel a person to do what they are not legally obliged to do, except which one?

Denounce a person in a public house or other common meeting place.

Use violence to or intimidate a person or his or her spouse or children, or injure his or her property.

Watch or beset the house or other place where a person resides, works, carries out business or happens to be, or the approach to such house or place.

Follow a person with two or more other persons in a disorderly manner in or through any street or road.

. Which of the following is not among the criminal offences related to picketing that are found in the Public Order Act 1986?

Riot.

Violent disorder.

Affray.

Intimidation.

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