Chapter 8 Self-test questions

. Which of the following is not necessarily a redundancy situation?

In response to economic pressure a business reorganises in a way that requires changes to the organisation of work, and several employees refuse to cooperate with the changes and are dismissed.

In response to economic pressure a business reorganises in a way that requires changes to the organisation of work, and this means that some kinds of jobs are no longer needed and those workers are dismissed, but some new kinds of jobs are required, so an identical number of new workers are hired to do those jobs.

An employer goes out of business.

A national company closes its branch in a particular city and must dismiss all of the employees at that branch.

. Which of the following would not constitute a redundancy resulting from a diminished requirement for work of a particular kind?

Competitive pressure means that a company needs fewer welders, but its welders are excellent employees, so the company eliminates ten welding jobs, moves the ten newest welders to the assembly department, and dismisses ten assembly workers.

In order to make a higher profit margin, a company requires its employees to work more flexible shifts. One employee refuses and is dismissed.

A company no longer needs someone who can type, but instead needs someone who can operate a voice dictation system, so it dismisses the typist and hires a voice dictation specialist.

A diminished need for welding work leads a company to reorganise its operation to achieve efficiencies, and as a result a mid-level management job gets eliminated.

. Which of the following changes to a given job would constitute a reduction in the requirement of the employer for employees to do work of a kind done in the original job?

A change in a barmaid/waitress job from a traditional family pub to a rough and raunchy 'roadhouse'.

A change in the job of petrol station manager to require more paperwork.

A change in the job of a heating maintenance worker from one requiring plumbing skills to one requiring the computer and electronics skills of a 'heating technician'.

A change to the days of work from five days a week to six.

. Which of the following is the proper test for deciding where a person is employed for the purpose of the definition of redundancy?

Where they could be required to work by the contract of employment.

Where the employer does business of the kind for which the employee was engaged.

Where the employer runs several workplaces, the one location nearest to where the employee resides.

Where the employee actually worked generally (even if the employee worked in more than one place).

. Which of the following is not expected of an employer in order to make a redundancy a fair dismissal?

The employer should consult with the employee or his or her union.

The employer should send notices to employees only after every option has been investigated, and the decision to make certain people redundant is final.

The employer should make reasonable efforts to find suitable alternative employment for the employee within the firm.

The employer should use a fair selection procedure to decide who is to be made redundant based, where possible, on objective matters like length of service, experience, and efficiency.

. Which of the following is not a question a tribunal should ask itself in determining whether a reorganisation SOSR is 'reasonable'?

Was the company correct in believing that economic circumstances required a change?

Was the reorganisation necessary, in the sense that there was a real business need that justified some kind of reorganisation?

Were the changes to the employee's job necessary to the success of this reorganisation?

Was there sufficient and appropriate consultation?

. Which of the following is not excluded from receiving a redundancy payment?

A person with less than two years continuous employment.

An employee dismissed for gross misconduct even though a redundancy situation applies.

An employee who has unreasonably refused an offer of suitable alternative employment.

An employee who leaves before the redundancy notice period expires in order to take on new employment.

. Which of the following is not a category of information which a transferring employer is required to supply to the representatives of affected employees before a transfer of undertakings?

The fact that the relevant transfer is to take place, when, and the reasons for it.

The legal, economic and social implications for the affected employees.

The contractual terms of the employees currently working for the transferee.

The measures the transferor envisages will be taken in relation to those employees in connection with the transfer.

. Which of the following is correct about the application of TUPE in relation to a change in the supplier of contracted-out services such as clearing or catering?

It only applies if the new contractor takes on substantial physical assets.

It only applies if the new contractor takes on the majority of the employees who were employed in providing the service before the contract change

It only applies if after the transfer the service provided by the new contractor is fundamentally the same as that provided by the old contractor

It applies even if the old contractor did not permanently allocate any prior employee to the service.

. Which of the following is an automatically unfair dismissal under TUPE?

The dismissal by the transferee employer, after the transfer, of employees who have transferred, if the reason is that the employer now has more employees than are needed to do the work.

Before the transfer, the transferee is tipped off by a manager that a particular employee is 'trouble'. The transferee insists that the transferor dismisses this employee before the transfer date so that he does not transfer.

After the transfer, the new employer asks employees to work at another location, in accordance with a clause in their contracts of employment, and the employees who refuse to do so are dismissed.

An employee was on a final warning for misconduct when he was transferred under TUPE. It is falsely alleged after the transfer by a manager that this employee has just committed another minor act of misconduct and so the transferee dismisses him.

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