WorksheetsDISMISSAL QUIZ 2
Total questions: 25
Worksheet time: 13mins
Which case is associated with the concept of "Unfair dismissal" in employment law?
Martin v Yeoman Aggregates [1983]
ASLEF v Brady [2006]
Polkey v A E Dayton Services Ltd [1988]
Holland v Glendale Industries Ltd [1998]
What type of dismissal is highlighted in the case of "Dunnachie v Kingston-upon-Hull City Council [2004]"?
Redundancy
Constructive dismissal
Unfair dismissal
Remedies & Damages
In which case was it established that a dismissal could be immediate if told to 'get out' by a director in the heat of the moment?
Martin v Yeoman Aggregates [1983]
Robertson v Securicor Transport Ltd [1972]
Smith v Robinson [1985]
Johnson v Unisys [1999]
Which type of common law action represents an employer's repudiatory breach of contract?
Breach after the contract has concluded
Breach before the contract would have concluded
Breach during contract negotiation
Breach with full compliance to notice requirements
What are the damages awarded for in a case of wrongful dismissal under contractual terms?
To cover legal fees only
To put the employee into the position they would have been in had the contract been performed
To compensate for emotional distress
To pay for retraining costs
According to the Employment Rights Act of 1996, under what section are all dismissals considered unfair unless they fall under one of six permitted grounds?
Section 98
Section 100
Section 95
Section 102
What is considered an automatically unfair ground for dismissal related to union activities?
Refusing to work on Sundays
Being on strike if within the first 8 weeks of strike
Carrying out health and safety duties
Failure to follow dismissal procedures
Under what condition is refusing to work on Sunday considered an automatically unfair ground for dismissal?
Always
Never
Only with some exceptions
If the employee is a trade union member
What is NOT one of the grounds for fair dismissal according to s.98 of the ERA 1996?
Skill
Aptitude
Discrimination based on disability
Persistent absenteeism
Under the Equality Act 2010, what must be considered in cases of dismissal due to ill health?
The potential for discrimination if it relates to a condition
The employee's length of service
The employee's past disciplinary record
The financial impact on the company
What is the first step in the three-stage test for fair dismissal based on conduct?
The employer conducted a thorough investigation.
The employer had reasonable grounds for belief of misconduct.
The employer believed the employee was guilty of misconduct.
The employee was given a chance to explain their conduct.
Which of the following is NOT part of the three-stage test for determining fair dismissal based on conduct?
The employer believed the employee was guilty of misconduct.
The employer had reasonable grounds for that belief.
The employer carried out as much investigation as was reasonable.
The employee's past performance reviews were satisfactory.
What must an employer have to justify their belief in an employee's misconduct according to the three-stage test?
A formal complaint from a co-worker
Reasonable grounds for the belief
A previous warning given to the employee
Proof beyond a reasonable doubt
According to the three-stage test for fair dismissal based on conduct, what is required of the employer's investigation?
It must result in a disciplinary action.
It should be carried out as reasonably as possible under the circumstances.
It needs to be completed within a set timeframe.
It must involve law enforcement.
What was the primary reason for the dismissal of the manager and three assistants in the case of Parr v Whitbread [1990]?
Poor performance at work
Theft of a sum of money
Violation of company policy
Insubordination
In the case of Parr v Whitbread [1990], what did the Employment Tribunal find about the company's investigation?
It was inadequate and biased
It was thorough and identified responsible parties
It lacked legal standing
It was unnecessary
What was the outcome for the employees involved in the theft at Whitbread, according to the case Parr v Whitbread [1990]?
Only the manager was dismissed
All accused employees were promoted
All involved employees were dismissed
The employees were given a warning
On what grounds was the dismissal of the employees deemed fair in the Parr v Whitbread [1990] case?
The dismissal was based on a random decision
The employees confessed to the theft
The dismissal was based on solid and sensible grounds
There was public demand for dismissal
What is a valid ground for fair dismissal according to the case Parr v Whitbread [1990]?
Insubordination by the employee
Dismissal of suspects after a sufficient investigation by the employer
Poor performance without prior warnings
Personal dislike by the employer
What is required from an employer before conducting a dismissal for fair conduct?
Immediate dismissal without investigation
Identification of likely culprits and detailed investigation
A simple verbal warning
Employee confession only
What could be a consequence if an employer fails to conduct a sufficient investigation before dismissal?
The dismissal may be deemed fair
The dismissal could lead to a legal challenge for being unfair
The employer may receive a bonus
The employee may be promoted
What is the first step in the investigation process according to the document?
Take detailed statements
Identify likely culprits
Question your reasonable belief
Be clear on your action
Which step involves speaking to potential culprits to gather more evidence?
Eliminate those not in the frame
Take detailed statements
Be clear on your action
Identify likely culprits
What should be questioned to determine if each suspect could have independently carried out the theft?
The suspects' alibis
The suspects' opportunity to steal
Your reasonable belief about their personal guilt
The clarity of your action
What consequence is mentioned for the guilty party if they identify themselves during the investigation?
They will be rewarded
They will be given a warning
They will face disciplinary proceedings likely leading to dismissal
They will be promoted
