Chapter 7 Self-test questions

. Which of the following is not a qualifying condition for Unfair dismissal protection?

The claimant must be an 'employee' according to the common law definition.

The claimant must have been continuously employed for at least two years.

The claimant must have been provided with a letter stating the reason for the dismissal.

The claimant must have been dismissed.

. Which of the following is not recommended by the ACAS code for discipline and grievance procedures?

Procedures should be set out in writing.

Procedures should identify what levels of management have the authority to take disciplinary action.

Procedures should provide that no employee is dismissed for a first breach of discipline, except in cases of gross misconduct.

Procedures should provide that management ensure a speedy process by avoiding investigations until after disciplinary decisions have been made.

. Which of the following is true about the status of the ACAS code?

It sets out what employers are expected to do, and tribunals will expect employers to act accordingly unless it is reasonable to depart from the recommendations of the Code in the circumstances.

It supports the statutory standard procedures, which set out the bare minimum requirements of procedure.

It sets out the default procedural requirements in any employment setting, and can be varied from only by an agreement between the parties set out in the employment contract.

It offers general guidance that is of use to employers, but has little bearing on the decisions made in tribunals, which must be based on the facts of each case.

. Which of the following situations does not amount to a dismissal for unfair dismissal purposes?

Where the contract is terminated by the employer either with or without notice.

Where a limited-term contract expires or otherwise terminates without being renewed.

Where the contract specifies that commission of a certain kind of misconduct will constitute a self-dismissal, and the employee commits that misconduct.

Where the employee terminates the contract, with or without notice, in circumstances such that he or she is entitled to terminate it without notice by reason of the employer's conduct.

. Which of the following is true of constructive dismissal?

It establishes not only a dismissal, but that the dismissal is presumptively unfair.

It is established only by a fundamental breach of contract by the employer.

It is established by unreasonable conduct by the employer that would make a reasonable employee decide to leave.

It is a product of the implied term of trust and respect (or confidence), and essentially turns breaches of that term into dismissals.

. Which of the following is not an accurate statement about the date of termination for unfair dismissal purposes?

Where the contract is terminated by notice (whether given by the employer or employee)—the termination date is the date that the notice expires (provided the notice was of proper length; if not, termination date is the date on which the notice should have expired).

Where the contract is terminated without notice—the termination date is the date on which the termination takes effect.

Where a fixed-term or other limited-term contract expires without renewal—the termination date is the date on which the termination takes effect.

Where the employee under notice gives counter-notice to terminate the employment sooner—the termination date is the date of expiry of the counter-notice.

. Which of the following is not a central factor in the statutory 'unfair dismissal' cause of action?

Whether there was a dismissal.

Whether there was a prima facie or potentially fair reason.

The reasonableness of the employer's decision.

The fairness of the dismissal to the employee.

. Which of the following is not a category of prima facie or potentially fair reasons for dismissal under the unfair dismissal statute?

Misconduct by the employee.

That the employee has worse qualifications or capability than another employee available to do the job.

That the employee could not continue to work in that position without contravention of a legislative provision.

Some other substantial reason of a kind such as to justify the dismissal.

. Which of the following is true about the assessment of 'fairness' in an unfair dismissal case?

It is an objective assessment of the fairness of the employer's dismissal decision.

Much like medical malpractice cases, it is based on evidence and testimony of the local industry standard for fairness in dismissal decisions.

It is based on the tribunal imagining the range of reasonable employers, and then imagining what different reasonable responses those employers might make to the circumstances at issue, and then deciding whether the actual decision at issue was worse than the worst of those decisions it imagined might be made by those reasonable employers it imagined.

It is based exclusively on the substantive reasons for the dismissal, not the procedure for arriving at the decision.

. Which of the following statements about conduct dismissals is false?

An employer may dismiss two employees for an offence committed by only one person, so long as both (and no others) could have done it and the employer cannot determine which one did.

If the employee denies committing the misconduct, the employer must reasonably believe in the employee's guilt, based on reasonable evidence gathered through a reasonable investigation.

It can be fair to dismiss a person for conduct outside the workplace, even if the conduct does not relate to work.

It would never be reasonable to dismiss an employee for drinking too much at a party given by the employer to celebrate the employee's long service.

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