Chapter 2 Self-test questions

. Which of the following is not a recognised legal category of employment status?

Employee.

Worker

Atypical worker.

Independent contractor.

. Which of the following is not an influential contemporary test for 'employee' status?

The 'integration' test.

The 'economic reality' test.

Mutuality of obligation.

Personal service.

. Which of the following could be said to be a requirement of the 'employee' definition, but not the 'worker' definition?

Mutuality of obligations.

Control.

Personal service.

A contract.

. In which of the following situations would the parties' self-identification of their relationship (eg. calling the relationship one of employment or independent contracting) be decisive to a judicial determination?

The contract of employment declares that the relationship is one of independent contracting.

The contract declares that there is no mutuality of obligation, but that the employee must be available when the employer needs work.

The contract states that the worker will pay her own tax and national insurance.

The contract declares, without contradiction by other terms, that the employee is free to reject work for any reason, and that the employer is under no obligation to provide it.

. Which of the following could be said to 'fail' the test of mutuality of obligation?

There is no express contractual requirement of the employer to provide work or of the worker to accept it, but the employer consistently provides the same amount of supplies each week and expects to pick up roughly the same number of completed products each week.

The contract says that the employer will provide work when it chooses to and the employee can refuse that work any time, for any reason, although in practice the employer offers work less often to workers who turn down offers of work.

The contract denies that the employer has any obligation to provide work, and indicates that the worker can turn down work, but requires that the worker be available for possible work during specific periods of time.

The contract declares that the parties have no mutual obligations, but the worker will be disciplined for not coming in to work, and the employer has never failed to have work available.

. Which of the following is true of the written statement of employment particulars required by the Employment Rights Act 1996?

If no separate contract of employment has been agreed, it is the contract of employment.

It must contain all of the details of arrangements for sick pay.

It must include a note specifying any disciplinary rules and procedures that apply.

It may address pay by referring to the terms of a separate collective bargaining agreement.

. Which of the following is true about agreements by employees not to compete with their employer after they leave the employment?

They will only be enforced to the extent necessary to protect 'protectable interests' such as trade secrets or customer contacts.

They are an improper restraint of trade.

They can be included in the contract by the employer whenever he or she concludes that protection is needed.

It is not important how long the agreement forbids competition, only whether there are compelling 'protectable interests.'

. Which of the following statements about statutory continuity requirements is not true?

If the worker agrees to a gap in employment for no other reason than that the employer insists on it, this will break continuity.

If an employer dismisses an employee after 103 weeks of employment, the employee will have no right to claim unfair dismissal.

Gaps in continuity can only be bridged by an 'umbrella' contract of mutual obligation.

Every continuous week under which the employee is under a contract of employment will count for continuity, regardless of how much time is worked during that week.

. Which of the following is not a basis for bridging a gap in continuity?

Where the employee is incapable of work through sickness or illness.

Where the employee is absent from work on account of a 'temporary cessation of work'

Where the employee is absent from work in circumstances such that, by arrangement or custom, he is regarded as continuing in the employment of his employer for any purpose.

Where the employee works only seasonally.

. Which of the following is not a contractually effective method of changing the terms of an existing employment relationship?

Negotiating an agreed, express modification of the contract bound by consideration in the form of some kind of concession to the employee.

Imposing a new employment term on the employee, over his or her objection, on the ground that it might be fair to dismiss the employee for not agreeing to the change.

Requiring a change to the terms of employment that falls within an implied or express flexibility clause, or within the general management prerogative relating to work rules.

Dismissing the employee and offering to engage him or her on different terms.

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