ACCA F4 Employment Law: Rights, Discipline And Dismissal! Trivia Quiz

The Yewens v Noakes (1880) case established the control test, which determines whether employees are subject to their employer's control regarding how, where, and when they perform their work. This test is not applicable to skilled workers, as their expertise allows them more autonomy in their work.

Self-employed (independet contractor) works under a contract for services

The control test, integration test, and economic reality test are all methods that can be used to determine if someone is employed or self-employed. The control test examines the level of control that an employer has over the worker, while the integration test looks at how integrated the worker is within the business. The economic reality test assesses the degree of economic dependence that the worker has on the employer. These tests help to determine the nature of the working relationship and whether the person should be classified as an employee or self-employed.

An employee with at least four weeks’ continuous employment must give his employer at least one week’s notice of his terminating of the contract.

The correct answer is "redundant" because it refers to an employee who is no longer needed or necessary due to specific circumstances. In this case, the employee's dismissal is directly related to the fact that the employer has ceased or intends to cease business or the requirements for that business have ceased or diminished. This indicates that the employee's role is no longer required, making them redundant.

Express terms are those that are explicitly agreed upon by the parties involved in a contract. These terms can be either written or oral and are clearly stated and agreed upon by all parties. They are specific and leave no room for ambiguity or misunderstanding. Express terms are important as they outline the rights, obligations, and responsibilities of each party, ensuring that all parties are aware of their obligations and what is expected of them.

The correct answer is "two" or "2" because according to the Employment Rights Act 1996, an employer is required to provide an employee with a written statement of certain particulars of their employment within two months of the commencement of employment. This statement includes important information such as job title, salary, working hours, and holiday entitlement. It is a legal requirement to provide this information to employees to ensure transparency and clarity in the employment relationship.

The correct answer is "constructive" dismissal. Constructive dismissal refers to a situation where an employee resigns due to the employer's conduct that breaches the employment contract or creates an intolerable working environment. Even though the employee technically resigns, they are considered to have been dismissed by the employer's actions. This allows the employee to make a claim for redundancy or unfair dismissal despite resigning.

Redundancy pay is calculated in the same way as the basic award for unfair dismissal. This means that both the redundancy pay and the basic award for unfair dismissal are calculated using the same formula or method. The term "basic" refers to the standard or fundamental calculation method that is used for both types of compensation.

If an employer fails to comply with an order for reinstatement or re-engagement, it means that they do not follow the directive to reinstate or re-employ an employee who has been wrongfully dismissed. As a result, the employee is entitled to receive compensation for the loss of their job and any damages caused by the employer's failure to comply with the order.

Unfair dismissal refers to the situation where an employer terminates an employee's contract without a valid reason. This right is protected by the Employment Rights Act 1996, allowing employees to take legal action against their employer for unfair dismissal.

Dismissal without notice is known as summary dismissal.

Reinstatement refers to the remedy for unfair dismissal where the employee is treated as if they were never dismissed and is returned to the same job with no loss of seniority. This remedy is only awarded if the applicant wishes for it and if it is practicable to do so.

The correct answer is "terms". A contract of employment will consist of express terms, which are explicitly stated and agreed upon by both parties. It will also include terms implied by the courts, which are obligations that are automatically included in the contract based on common law principles. Additionally, there may be terms implied by statute, which are requirements imposed by legislation. All of these terms together make up the contract of employment.

The term "provision" refers to the duty of the employer to provide work to the employee. This duty may be implied in the contract if it is necessary for the employee to receive a benefit that was contemplated by the contract. For example, if the contract specifies that the employee will be paid on a piecework or commission basis, it may be implied that the employer has a duty to provide enough work for the employee to earn a reasonable amount of money.

The statement of particulars of employment is not a contract unless both parties agree and it is called a contract. It is strong prima facie evidence of the terms of the contract, but is not conclusive.

ERA 1996 imposes minimum notice periods for employers based on the length of continuous employment. For employees who have worked between 1 month and 2 years, the minimum notice period is 1 week. For employees who have worked between 2 and 12 years, the minimum notice period is 1 week per complete year of service. And for employees who have worked for 12 years or more, the minimum notice period is 12 weeks. Therefore, the statement "ERA 1996 imposes the following minimum notice periods for the employer" is true.

The term "integration" refers to the test used to determine whether someone is considered an employee. According to this test, if an individual's work is an essential part of the business and not just a secondary component, they are regarded as an employee. However, it is important to note that this test has become challenging to apply as the only criterion for determining employment status.

The implied duty of the employer is to give reasonable notice of termination of employment. This means that the employer is obligated to inform the employee in advance before terminating their employment. However, this duty rarely arises in practice because most employment contracts already specify the length of notice or state that the contract is for a fixed term. Additionally, there are statutory minimum periods of notice that must be followed.

A claim for wrongful dismissal is a common law action for breach of contract. This claim can be made by both employees and independent contractors who believe that their contract has been breached. The usual rules of breach of contract will apply in such cases, allowing the claimant to seek legal remedies for the wrongful termination of their employment or contract.

The National Minimum Wage Act 1998 is the correct answer because it is the specific legislation that imposes minimum levels of pay. This act sets out the minimum wage rates that employers must pay their workers, ensuring that they receive a fair and reasonable level of pay for their work. The other laws listed may be relevant to employment and worker rights, but they do not specifically address the issue of minimum pay levels.

Consultation must start in good time, specifically when redundancy proposals are in their formative stage. The consultation period should begin at least 30 days before the first redundancy if there are 20 to 99 proposed redundancies. If there are 100 or more proposed redundancies, the consultation period should start at least 90 days in advance. This ensures that employees are given sufficient time to discuss and negotiate alternatives to redundancy, and allows for a fair and transparent process to be followed.

The Working Time Regulations 1998 is the correct answer because it is the legislation that specifically limits the hours of work to an average of 48 per week. It also provides employees with the right to four weeks' paid leave per year and one day off each week. This regulation is in place to protect workers' health and safety, ensuring they have adequate rest and time off from work.

When planning to make 20 or more employees redundant in one place of work within a 90-day period, it is considered a "collective" redundancy situation. In this situation, the employer is required to notify the Department for Business, Innovation & Skills and consult with workplace representatives. These representatives can be either trade union representatives or elected employee representatives if there is no recognized union. If employees choose not to elect representatives, the employer must provide the relevant information directly to each individual.

Under the economic reality test, the court considers all the relevant factors surrounding a situation to determine the true nature of the relationship. This test helps to determine whether an individual should be classified as an employee or an independent contractor. The court looks at factors such as the degree of control exerted by the employer, the worker's opportunity for profit or loss, the investment in facilities or equipment, and the permanency of the relationship. By considering the economic reality of the situation, the court can determine the appropriate classification and ensure that workers are afforded the necessary protections and benefits.

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In the case of William Hill Organisation Ltd v Tucker (1998), it was established that there may be an obligation for the employer to provide a reasonable amount of work to an employee who is skilled and needs practice to maintain those skills. This implies that the employer has a duty to ensure that the employee has sufficient opportunities to utilize and enhance their skills.

An employee is not entitled to redundancy pay if they unreasonably refuse an offer of fresh employment to start within four weeks on the same or suitable terms. The employee must be allowed at least a 4-week trial period in the new job.

Employees are required to personally perform their work unless they have obtained permission from their employer to delegate it to someone else. This means that they cannot transfer or assign their duties to another person without explicit or implicit consent from their employer.

The correct answer is "health and safety." In this context, the employer has a duty to ensure the health and safety of their employees. This duty includes taking reasonable care to prevent any harm or injury to the employees while they are at work. If the employer fails to fulfill this duty and a breach occurs, they can be held liable for negligence and may be required to compensate the affected employees.

Any change must be notified by written statement within one month

The term "indemnify" refers to the duty of the employer to compensate or reimburse the employee for any legal liability or necessary expenses that the employee has incurred while acting on behalf of the employer. This means that the employer is responsible for covering the costs or damages that the employee may have to pay or incur in relation to their work for the employer.

The economic reality test, also known as the multiple test, is a legal principle used to determine the employment status of an individual. In Ready Mixed Concrete (South East) Ltd v Minister of Pensions & National Insurance & Others (1968), the court applied the economic reality test to determine whether the workers were employees or independent contractors. The court considered various factors such as the degree of control exercised by the company, the worker's obligation to provide personal service, and the worker's financial risk. This case is significant because it established the economic reality test as a key factor in determining employment status.

In the case of Singh v London Country Bus Services (1976), an employee in a position of trust was convicted of a criminal offense of dishonesty, which he committed off duty. This case is an example of 'some other substantial reason' justifying dismissal because the employee's criminal offense of dishonesty undermines the trust and confidence that the employer had in the employee. As a result, the employer had a valid reason to dismiss the employee based on the seriousness of the offense and the impact it had on the employment relationship.

An employee receives statutory protection, meaning they have legal rights and entitlements under employment laws. They also have implied terms in their contract, which are unwritten terms that are assumed to be part of the employment agreement. The employer is vicariously liable for the acts of workers when they act in the course of the employer's business, meaning the employer can be held responsible for their actions. In the event of insolvency, an employee is a preferential creditor, meaning they have a higher priority in receiving payment compared to other creditors. Employees receive their pay net of income tax and national insurance under the PAYE system, which deducts these taxes before the employee receives their wages. Certain state benefits are available to employees, providing them with additional support or assistance.

The Equal Pay Act 1970 is the correct answer because it is the specific legislation that deals with the issue of equal pay for men and women. It implies an equality clause into all contracts of employment, ensuring that workers of the opposite sex receive equal pay for doing the same job or a different job of equal value. The Act not only covers pay, but also other terms and conditions such as holiday and sick leave.

ACAS, the Conciliation and Advisory Service, has issued codes of practice for procedures to be followed in the decision to dismiss an employee. These procedures include giving warnings and conducting proper inquiries into alleged misconduct. The employment tribunal takes these codes of practice into consideration when making their decisions. The term "arbitration" is not mentioned in the question and does not relate to the explanation.

Wrongful dismissal refers to a situation where an employer terminates an employee's contract without providing the required notice period. This means that the employer ends the employment relationship abruptly and fails to give the employee the opportunity to prepare for the termination and find alternative employment. It is considered wrongful because it violates the terms of the contract and denies the employee their rights to fair treatment and due process.

In the case of Spring v Guardian Assurance (1994), it was established that although there is no legal obligation for an employer to provide a reference for an employee, if they choose to do so, it must be truthful. This means that the employer cannot provide false or misleading information in the reference. This case sets a precedent for the duty of honesty and accuracy in employment references.

Once an employee has proven that they were dismissed and the employer has demonstrated that it was for a valid reason, the responsibility falls on the tribunal to determine whether the dismissal was fair or unfair. The tribunal is an independent body that assesses the evidence presented by both parties and makes a final decision on the fairness of the dismissal.

The correct answer is ERA 1996. The ERA 1996, or the Employment Rights Act 1996, is a statute that provides employees with various rights and protections. It includes rights such as protection against unfair dismissal, entitlement to redundancy payments, and the right to receive a minimum notice period before termination of the employment contract. This legislation is important in ensuring that employees are treated fairly and have certain legal protections in the workplace.

The additional award of compensation refers to an extra amount of money that may be awarded to an employee in certain circumstances. In this case, if the employer ignores an order for reinstatement or re-engagement, if the dismissal is unfair due to race, sex, or disability discrimination, or if the reason cited for dismissal is inadmissible, the employee may be entitled to receive an additional award of compensation on top of any other compensation they may receive for the unfair dismissal.

If you fail to consult employees - and their representatives if applicable - in a redundancy situation, the redundancy dismissals will almost certainly be unfair. This is because consultation is a crucial step in the redundancy process, as it allows employees to have their say and provide input on the decision-making process. By consulting with employees, employers can explore alternatives to redundancy, consider their suggestions, and ensure that the decision is fair and reasonable. Failing to consult undermines the principles of fairness and can lead to unfair dismissals.

An independent contractor does not receive statutory protection, meaning they are not entitled to certain legal rights and benefits that are provided to employees. They also do not have implied terms in their contract, meaning that the terms of their agreement may not be automatically assumed or implied by law. The employer is not vicariously liable for the acts of workers when they act in the course of the employer's business, meaning that the employer is not held responsible for the actions or mistakes of the contractor. Upon insolvency, the contractor is not a preferential creditor, meaning they do not have priority in receiving payment. Independent contractors are taxed under the trading income provisions, which may have different tax implications compared to employees. Lastly, certain state benefits are not available to independent contractors, meaning they may not be eligible for certain government-provided benefits.

In Pepper v Webb (1968), the court established that employees have a duty to obey lawful and reasonable orders from their employers. This means that employees are expected to follow instructions that are within the scope of their job responsibilities and are not illegal or unreasonable. This case serves as a precedent for future cases regarding the duties of employees and emphasizes the importance of obedience in the employment relationship.

The duty of the employer to give, and the employee to obey, lawful instructions is often expressed as the duty of mutual co-operation. The courts have begun to imply a term that the employer must not act in a manner calculated to damage the mutual trust and confidence and this is taken into account in considering the reasonableness of the order. The courts have interpreted the duty to obey lawful and reasonable orders as a duty not to frustrate the commercial objectives of the employer.

The case of Cox Toner (International) Ltd v Crook (1981) supports the explanation that if an employee does not resign in the event of a breach by the employer, it can be deemed that the employee has accepted the breach and waived any rights. However, the employee is not required to resign immediately and can wait until they have found another job. This case sets a precedent for this principle and is cited as a reference for understanding the legal implications in similar situations.

The Employment Act 2002 is the correct answer because it introduced the right for parents of children under seventeen or disabled children under eighteen to request flexible working arrangements. The Act also requires employers to give serious consideration to such requests and can only reject them for clear business reasons. Additionally, the Act introduced paternity and adoption leave.

The term "Compensatory" refers to an award of compensation given to an employee who has experienced losses and expenses as a result of their dismissal. The amount of compensation, which can be up to £65,300, is determined based on the employee's specific losses and expenses. However, if the complainant contributed to their own dismissal, the amount of compensation may be reduced.

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