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ICAEW Law 11: Employment, data protection and intellectual property law. > 11. Unfair and wrongful dismissal, redundancy. > Flashcards

11. Unfair and wrongful dismissal, redundancy. Flashcards

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1
Q

In order to pursue a claim for unfair dismissal, the employee must usually have been continously employed for at least …

A

2 years

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2
Q

If the reason for a dismissal is automatically unfair, for example where the employee is pregnant, there is no … requirement.

A

continuous employment

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3
Q

An employee must make a claim for unfair dismissal within … of the effective date of termination.

A

3 months

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4
Q

Types of dismissal: T*, NR of a FTC, CD

A

termination

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5
Q

Types of dismissal: T, NR of a FTC*, CD

A

non renewal of a fixed term contract

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6
Q

Types of dismissal: T, NR of a FTC, CD*

A

constructive dismissal

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7
Q

The repudiation by an employer of an essential term of the contract and the employee subsequently resigns is a situation of …

A

constructive dismissal

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8
Q

A reduction in pay, complete change in the nature of the job, or a failure to provide a suitable working environment would potentially be seen as grounds for … if the employee were to subsequently resign.

A

constructive dismissal

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9
Q

A claim for constructive dismissal only requires the employer’s behaviour to be … effective cause.

A

an

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10
Q

Terminations NEVER constituting unfair dismissals: R (WCD)*, FC, MA

A

resignation (without constructive dismissal)

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11
Q

Terminations NEVER constituting unfair dismissals: R (WCD), FC*, MA

A

frustrated contracts

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12
Q

Terminations NEVER constituting unfair dismissals: R (WCD), FC, MABP*

A

mutual agreement between parties

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13
Q

Automatic reasons for unfair dismissal: P*, SC, TU, ToU (E, T or O), SP, SR, PD

A

pregnancy

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14
Q

Automatic reasons for unfair dismissal: P, SC*, TU, ToU (E, T or O), SP, SR, PD

A

spent convictions

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15
Q

Automatic reasons for unfair dismissal: P, SC, TU*, ToU (E, T or O), SP, SR, PD

A

trade union membership or activities

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16
Q

Automatic reasons for unfair dismissal: P, SC, TU, ToU* (E, T or O), SP, SR, PD

A

transfer of undertaking

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17
Q

Automatic reasons for unfair dismissal: P, SC, TU, ToU (E, T or O)*, SP, SR, PD

A

unless justified by an economic, technical or organisational reason

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18
Q

Automatic reasons for unfair dismissal: P, SC, TU, ToU (E, T or O), SP*, SR, PD

A

self preservation

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19
Q

Automatic reasons for unfair dismissal: P, SC, TU, ToU (E, T or O), SP, SR*, PD

A

seeking to enforce a statutory right

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20
Q

Automatic reasons for unfair dismissal: P, SC, TU, ToU (E, T or O), SP, SR, PD*

A

making a protected disclosure (whistleblowing)

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21
Q

If a dismissal is to be deemed fair the onus is on the … to show that they took reasonable action for a justifiable reason.

A

employer

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22
Q

If a dismissal is to be deemed fair the onus is on the employer to show that they took … for a justifiable reason.

A

reasonable action

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23
Q

If a dismissal is to be deemed fair the onus is on the employer to show that they took reasonable action for a …

A

justifiable reason

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24
Q

If an employee is dismissed the employer must show that it is …

A

fair

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25
An employee has the right not to be ... dismissed by his employer.
unfairly
26
Grounds for a dismissal to be considered fair: CoQ*, M, R, SR, SoSR
capability or qualifications
27
Grounds for a dismissal to be considered fair: CoQ, M*, R, SR, SoSR
misconduct
28
Grounds for a dismissal to be considered fair: CoQ, M, R*, SR, SoSR
redundancy
29
Grounds for a dismissal to be considered fair: CoQ, M, R, SR*, SoSR
statutory restriction
30
Grounds for a dismissal to be considered fair: CoQ, M, R, SR, SoSR*
some other substantial reason
31
“...”, in relation to an employee, means his capability assessed by reference to skill, aptitude, health or any other physical or mental quality.
capability
32
“...”, in relation to an employee, means any degree, diploma or other academic, technical or professional qualification relevant to the position which he held.
qualifications
33
An employee can only be dismissed upon the grounds of 'qualifications' if there is an express or implied requirement that they hold such qualifications within their ...
contract of employment
34
Claims for unfair dismissal are determined in accordance with [E and the SM of the case]*.
equity and the substantial merits of the case
35
If an employee is to be dismissed on the grounds of misconduct, the employer must [G and R B]* them to be guilty of it.
genuinely and reasonably believe
36
If an employee is dismissed on the grounds of redundancey, they may be able to pursue a claim of unfair dismissal if they can show that they were ...
selected unfairly
37
Dismissal of a van driver due to their disqualification for drink driving would be deemed to be (fair / unfair).
fair
38
Reaching normal state pension age (is / is not) a ground for fair dismissal.
is not
39
For employments beginning before ..., continuous service of only 1 year was required before a claim of unfair dismissal could be pursued.
6th April 2012
40
For employments beginning before 6th April 2012, continuous service of only ... was required before a claim of unfair dismissal could be pursued.
1 year
41
If a dismissal is carried out in breach of a relevant procedure relating to workplace dispute resolution, the tribunal may vary any award by up to ...
25%
42
Remedies for unfair dismissal: R*, R, C (B, C - JAE, A - ENC)
reinstatement
43
Remedies for unfair dismissal: R, R*, C (B, C - JAE, A - ENC)
re-engagement
44
Remedies for unfair dismissal: R, R, C* (B, C - JAE, A - ENC)
compensation
45
Remedies for unfair dismissal: R, R, C (B*, C - JAE, A - ENC)
basic award
46
Remedies for unfair dismissal: R, R, C (B, C* - JAE, A - ENC)
compensatory award
47
Remedies for unfair dismissal: R, R, C (B, C - JAE*, A - ENC)
just and equitable grounds
48
Remedies for unfair dismissal: R, R, C (B, C - JAE, A* - ENC)
additional award
49
Remedies for unfair dismissal: R, R, C (B, C - JAE, A - ENC*)
employer non-compliance
50
(Unfair / wrongful) dismissal is a statutory protection for employees.
unfair
51
(Unfair / wrongful) dismissal is a common law action taken by employees whose employer is in breach of the employment contract.
wrongful
52
Unfair dismissal is a ... for employees.
statutory protection
53
Wrongful dismissal is a common law action taken by employees whose employer is in breach of the ...
employment contract
54
The time period in which an action for wrongful dismissal can be brought is ...
6 years
55
There (is / is no) minimum length of continuous service required before a claim for wrongful dismissal can be brought.
is no
56
Examples of reasons for summary dismissal: D*, GM, D, GoPN, BoET
disobedience
57
Examples of reasons for summary dismissal: D, GM*, D, GoPN, BoET
gross misconduct
58
Examples of reasons for summary dismissal: D, GM, D*, GoPN, BoET
dishonesty
59
Examples of reasons for summary dismissal: D, GM, D, GoPN*, BoET
gross or persistent negligence
60
Examples of reasons for summary dismissal: D, GM, D, GoPN, BoET*
breach of express terms
61
The remedies for wrongful dismissal are the same (D, I e.t.c.) as those for any ...
breach of contract
62
The remedies for wrongful dismissal are the same (D, I e.t.c.)* as those for any breach of contract.
damages, injunctions, e.t.c.
63
Reasons for wrongful dismissal: NN*, IN, BFE, RIB, BoC, EAER
no notice
64
Reasons for wrongful dismissal: NN, IN*, BFE, RIB, BoC, EAER
insufficient notice
65
Reasons for wrongful dismissal: NN, IN, DBFE*, RIB, BoC, EAER
dismissal before expiry of a fixed term contract
66
Reasons for wrongful dismissal: NN, IN, BFE, RIB*, BoC, EAER
redundancy in breach of contract
67
Reasons for wrongful dismissal: NN, IN, BFE, RIB, BoC*, EAER
breach of contract
68
Reasons for wrongful dismissal: NN, IN, BFE, RIB, BoC, EAER*
employee accepts employer's repudiation
69
A serious breach of a contract of employment by an employer is termed a ...
repudiation
70
Redundancy is a form of ...
dismissal
71
The proper test for determining whether an employee is ... is to see whether there has been a reduction in the employer's requirements for employees to work at the place where the person concerned is employed.
redundant
72
Statutory redundancy pay is calculated on the same basis as statutory NP.
notice periods
73
The existence of a mobility clause within a contract of employment (can / can not) be used to avoid the payment of statutory redundancy pay.
can not
74
If an employer relies on incapability through ill health as grounds for dismissal, there must be appropriate ...
medical evidence

ICAEW Law 11: Employment, data protection and intellectual property law. (7 decks)

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