Part IV: Multiple choice questions

. The basic adult rate of the national living wage:

applies only to employees.

applies to all workers over the age of 25

applies to all workers over the age of 25 (with some exceptions).

applies to all adults over the age of 18.

. Under the national living wage regulations what need not be paid in addition to the basic required rate?

sick pay.

overtime

regional weighting payments

accommodation charge

. The national minimum wage can not be enforced by:

bringing an action in the employment tribunal.

complaining to the enforcement officer in the local authority.

complaining to compliance officer at the Inland Revenue.

bringing a case in the county court.

. It is unlawful to make deductions from wages in the following circumstances:

in a strike situation.

for misconduct if there is no clause in the contract allowing this.

where there has been an overpayment of wages.

where there has been a court order for the employee to pay compensation to the employer.

. Which of the following is not a condition of taking time off for ante-natal care?

The woman must give the employer a week's notice of the appointment.

The woman must produce evidence of the appointment if asked to do so.

The appointment must have been made on the advice of a midwife, etc.

The woman must be pregnant.

. Jemima is pregnant, and expecting a baby in 15 weeks' time. She has been with her current employer for two months, and is intending to take her full entitlement of maternity leave. How many weeks can she take?

2 weeks compulsory plus 18 weeks ordinary and 26 weeks additional.

2 weeks compulsory plus 26 weeks ordinary and 26 weeks additional.

26 weeks ordinary and 26 weeks additional.

26 weeks ordinary.

. Jemima, on the facts above, will be paid during her maternity leave in the following way:

90% of her salary for 39 weeks.

90% of her salary for the first 6 weeks, then SMP of £117.18 (at time of writing) for the remaining 33 weeks.

90% of her salary for 52 weeks.

State maternity allowance of £128.73 (at time of writing) for 39 weeks.

. Jemima's partner, Rob, has been employed by his employer for 9 months. He wishes to take a few days' paid leave at the time of the baby's birth. Which of the following will not be a factor his employer will consider?

How long Rob has been employed.

Whether he has given his employer enough notice of the leave.

Whether Rob has asked for one or two weeks' leave.

Whether he has taken such leave for a previous child.

. Which of the following is untrue in the case of parental leave?

It applies for both mothers and fathers.

It applies for adoptive parents.

Up to 18 weeks can be taken each year.

The leave is unpaid.

. Which of the following is untrue in the case of the right to request flexible working?

the Employer must consider the request.

the Employer must grant the request.

the Employee must have 26 weeks' service.

the Employer can refuse for business reasons.

. Which of the following is incorrect in relation to the Human Rights Act?

UK citizens can argue the European Convention of Human Rights in the UK courts, they do not have to go to Strasbourg.

UK judges have to interpret legislation in accordance with the principles of the European Convention of Human Rights.

The HRA has had a huge effect on employment law.

There is a duty on public authorities to act in manner compatible with the Convention.

. Which of the following is not a right under the General Data Protection Regulations (GDPR) 2018?

The right not to have personal data kept for more than one month

The right to know the purposes for which data will be used

The right to prevent processing which is likely to cause damage or distress

The right of access to personal data

. Which of the following is not one of the six lawful bases relating to personal data under the GDPR?

Public task

Business need

Contract

Legal obligation

. Which of the following is incorrect?

The GDPR applies to monitoring of employees.

The GDPR applies if telephone calls are intercepted but not recorded.

The GDPR applies if telephone calls are recorded onto tape.

The GDPR prevents and employer from recording calls.

. A disclosure about which of the following is not protected as a 'qualifying disclosure' under the Public Interest Disclosure Act 1998?

A failure to comply with legal obligations

Incompetence of employer

A miscarriage of justice

A criminal offence

. An employer:

must provide a job reference for a former employee.

must provide a good job reference for a former employee.

must take care in writing any reference that is provided.

must show the former employee what is said in the reference.

. Which of the following statements about the TUPE regulations is correct?

It is always unfair in law to dismiss an employee at the time of a TUPE transfer

Collective agreements do not transfer with employees

Employees can refuse to transfer

Continuity of service continues after a transfer has taken place

. What is being described here:
'The transfer from one controlling body to another of an organised grouping of resources'.

A standard transfer

A service-provision change

The ETO category

A transfer of assets

. What is the position in unfair dismissal law when an employee is dismissed soon after a TUPE transfer for an economic, technical or organisational reason?

Automatically fair

Automatically unfair

Potentially fair

Potentially unfair

. What is the maximum level of a protective award made when consultation with employees or their unions has not taken place ahead of a TUPE transfer?

26 weeks' pay

13 weeks' pay

there is no maximum

£20,000

Part IV: Multiple choice questions

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