EMPLOYMENT LAW PART 2

Luna works in a factory that has temporarily reduced operations. For the last 6 weeks within 13 weeks, she has earned less than half of his normal weekly pay. Which of the following statements is correct?

• Luna automatically loses her employment rights after 6 weeks.

• Luna must wait until 12 consecutive weeks before claiming redundancy.

• Luna cannot claim redundancy because she is still employed.

• Luna can claim statutory redundancy because she has been on short-time working   for 6 weeks in 13 weeks.

Sarah has been employed full-time at a manufacturing company. Due to a temporary shortage of materials, she was placed on short-time work, earning less than half of her normal weekly pay for 5 consecutive weeks. She was not formally dismissed.

 

Which of the following statements is correct?

• Sarah cannot claim redundancy because she is still employed.

• Sarah can only claim redundancy if she is formally dismissed.

• Sarah can claim redundancy only if her employer stops paying her completely.

• Sarah can claim redundancy because she has been on short-time work for more than 4 consecutive weeks

Gerald has been employed by Ashad for three years but has recently been dismissed following a series of arguments. Gerald brings a claim for unfair dismissal against Ashad. In considering Ashad's potential liability and the amount of any award, if the tribunal considers that Ashad has behaved unreasonably, by what percentage might an award be increased?

• Up to 10%

• Up to 20%

• Up to 25%

• Up to 50%

Janet works part time at Dibbles Ltd and has done so for the past 15 years. Her line manager, Jeanette, started at Dibbles six months ago and works full time. Does the Employment Rights Act 1996 provide protection against unfair dismissal for:

     1. Janet?

     2. Jeanette?

• YES; YES

• NO; NO

• NO; YES

• YES; NO

On 30 April, Nigella is given written notice that her employment is to terminate six weeks later, on 11 June. By what date must she submit a claim for unfair dismissal to an employment tribunal?

• 11 August

• 30 October

• 11 September

• 30 October

Can an employee claim unfair dismissal where their contract of employment is frustrated?

Yes

No

Is an employer obliged to provide a written statement of the reasons for a dismissal?

Yes

No

• YES; YES

• NO; NO

• YES; NO

• NO; YES

Which of the following is an automatically unfair reason for dismissal under statute?

• The dismissal of an employee on the ground that they have assaulted another employee.

• The dismissal of an employee on the ground that they are involved in trade union activities

• The dismissal of an employee on the ground that they have stolen goods belonging to the employer.

• The dismissal of an employee on the ground of redundancy.

Carlos is employed as a private pilot.

Which of the following grounds for dismissal would be considered automatically unfair under the Employment Rights Act 1996?

• Dismissal on the ground that he has refused to fly because he reasonably believes the plane's engine to be faulty and dangerous.

• Dismissal on the ground that he has crash landed a plane after having had too much to drink at lunchtime.

• Dismissal on the ground that it has transpired that he has not kept his private pilot's licence up to date, as required by his contract

• Dismissal on the ground that he has been disqualified from flying

Which of the following reasons for dismissal is potentially fair under the Employment Rights Act 1996?

• That the employee is not qualified to do the job they are employed to do

• That the employee is seeking to enforce a statutory right, eg, a right under the Working Time Regulations 1998

• That the employee has an illness related to pregnancy

• That the employee has made a protected disclosure

Pamela and Rhiannon work for Hammer House Ltd and have just been told by their boss that they are no longer required and should clear their desks immediately. Their contracts provide for one month's notice and no wrongdoing has been alleged. There is no question of redundancy. Pamela has been working at Hammer House Ltd for two years and Rhiannon for nine months.

1. 1. Can Pamela claim for both unfair dismissal and wrongful dismissal?

2. 2. Can Rhiannon claim wrongful dismissal in an employment tribunal?
   3. Can Rhiannon claim unfair dismissal?

• YES

  YES

  NO

• NO

  NO

  NO

• YES

  NO

  YES

• NO

  YES

  NO