Part II: Multiple choice questions

. On whom is the burden of proof to satisfy the tribunal that the main reason for the dismissal was potentially lawful?

The employee

The employer

Neutral burden of proof

On a balance of probabilities

. Unfair dismissal is:

dismissal in which the employer did not follow his legal obligations as set out in the contract of employment.

where an employee resigns because of the employer's unfair treatment of him.

where the reasons for the dismissal or the manner in which it was handled by the employer fall short of the standards expected by the law.

where the treatment of the employee is so unfair that he cannot be expected to work for the employer any longer.

. Which of the following is entitled to claim unfair dismissal?

Police officers

Employees with less than two years' service

Employees with less than three years' service

Workers with one year's service

. Which of the following is not an automatically unfair reason for dismissal?

Dismissal because of a spent conviction.

Dismissal for unofficial industrial action.

Dismissal for refusing to work on a Sunday in a shop.

Dismissal for a reason relating to maternity.

. Which of the following statements about compensation in unfair dismissal cases is not correct?

The claimant's age is taken into account when determining compensation.

Compensation is awarded for loss of pension rights.

Compensation is reduced when a claimant is found not to have made any efforts to find a new job.

Compensation is paid to compensate claimants for injury to their feelings.

. Which of the following would not usually be regarded as gross misconduct in most forms of employment?

Making a personal phone call

Theft

Serious bullying or harassment

Physical violence

. In deciding if a dismissal was unfair, the tribunal will, in applying the band of reasonable responses test:

ask itself whether or not the dismissal was reasonable in general terms.

judge the employer's actions against what they themselves would have done in the same situation.

ask itself what would be good practice on the part of managers in the same situation.

consider whether the decision to dismiss could be construed as being that of a reasonable employer.

. In which landmark judgment did the EAT establish the test that is used to determine an employer's reasonableness in handling a misconduct cases in which the dismissed employee contests his or her guilt?

Burchell 1980

Polkey 1987

Iceland Frozen Foods 1983

British Labour Pump 1979

. Which of the following statements about dismissals on grounds of poor performance is true?

They should be managed in the same way as dismissals on grounds of gross misconduct.

They should be handled in the same way as dismissals on grounds of ordinary misconduct.

They should be handled in the same way as dismissals on grounds of ill health.

They should be handled in the same way as dismissals on grounds of redundancy.

. Which of the following statements about mandatory retirement is accurate?

Employers are free mandatorily to retire employees at any age that they specify in contracts of employment.

Employers are free mandatorily to retire employees at the age of 65 or above.

Employers are free mandatorily to retire employees at the age of 65 provided the policy can be objectively justified with good business reasons.

Employers can no longer mandatorily retire any employee against his or her will.

. Which is not necessarily a redundancy situation?

A business is closing.

A business is restructuring.

A workplace is closing.

There is a diminishing need for employees to do particular kinds of work in an organization.

. Which of the following is not one of the questions asked by the case of Murray v Foyle meats?

Has the employee been dismissed?

Has there been an actual or prospective diminution in the need for employees to carry out work of a particular kind?

Is that work set out in his employment contract?

Is the dismissal wholly or mainly attributable to this state of affairs?

. Which of the following methods of selecting people for redundancy is clearly unlawful?

Ill health records

Last In First Out (LIFO)

Performance in the job

Disciplinary records

. Which of the following statements is true in relation to a situation in which 20 employees are being made redundant at the same time?

Employers are not obliged to consult formally.

Employers are obliged to consult individually but not collectively.

Employers are obliged to consult collectively but not individually.

Employers are obliged to consult both individually and collectively.

. Which of the following statements about redundancy payments is correct?

Redundancy payments are always greater for older employees.

Employers never pay people more than is required by statute.

Employees can refuse an alternative job offer from their employer and claim a redundancy payment when their jobs are disappearing.

Employees can sometimes claim a redundancy payment if they leave before their notice period has been completed.

. Which of the following is not a prerequisite of a contract being formed?

The contract should be in writing.

There should be an offer.

There should be consideration.

There should be an acceptance.

. Implied terms:

have to be specifically agreed between the parties.

have to be imposed by the court.

can be put in unilaterally by the employer.

can be deemed to be present because of implied agreement.

. Which of the following is not an express term?

Rate of pay

Duty to maintain mutual trust and confidence

Notice provision

Location of workplace

. An implied term:

can be added if the court thinks it is reasonable to do so.

can be added if an officious bystander thinks it is reasonable to do.

can be implied if it is necessary in the business sense to give efficacy to the contract.

has to be expressly approved by the parties before the court can add it.

. Which of the following is not an implied duty of the employee?

To obey instructions

To pay wages

To exercise reasonable care and skill

To act in good faith and fidelity

. Which of the following is not an implied duty of the employer?

To pay agreed wages

To provide work

To provide an hour for lunch

To maintain a safe system of work

. An employee who still works for his employer wishes to bring a breach of contract claim for £30,000. He should do so:

in the employment tribunal.

in the employment appeal tribunal.

in the county court.

in the High Court.

. Which of the following is untrue? Wrongful dismissal:

has to relate to unreasonable behaviour on the part of the employer.

occurs if there is a dismissal in breach of contract.

can be claimed for dismissal without proper notice.

can occur if someone is dismissed summarily for an act of misconduct which is not gross misconduct.

. Which of the following would not benefit from bringing a wrongful dismissal claim as opposed to an unfair dismissal one?

An employee who has less than two years' service.

A highly paid employee who is dismissed in breach of contract.

A police officer.

A person who is dismissed with proper notice because of poor performance, but who does not accept the employer's reasons.

. Which of the following is not an essential ingredient in a successful claim for constructive dismissal?

The employee must have been employed by the employer for three years.

The employer must be in fundamental breach of the contract.

The employee must decide to resign shortly after the breach.

The employee must resign because of this breach.

Part II: Multiple choice questions

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