Employment Law Flashcards
(24 cards)
What is the main purpose of the Employment Rights Act 1996?
To provide employees with rights and protections in the workplace.
True or False: Unfair dismissal applies only to employees with more than two years of service.
True
Fill in the blank: Constructive dismissal occurs when an employee resigns due to their employer’s ________ behavior.
breach of contract
What is wrongful dismissal?
Termination of employment without proper notice or without a valid reason.
Which type of dismissal involves an employee being forced to resign due to intolerable working conditions?
Constructive dismissal
What is the minimum notice period for an employee with over two years of service?
One week for each full year of service, up to a maximum of 12 weeks.
True or False: An employee can claim unfair dismissal if they are dismissed for a reason that is not fair or reasonable.
True
What must an employer provide to justify a dismissal?
A valid reason and evidence that the dismissal was fair.
Multiple Choice: Which of the following is NOT a potentially fair reason for dismissal? A) Misconduct B) Redundancy C) Personality clash
C) Personality clash
What is the statutory maximum compensation for unfair dismissal as of 2023?
The lower of £89,493 or 52 weeks’ pay.
Fill in the blank: An employee must usually bring a claim for unfair dismissal within ________ of the dismissal.
three months
True or False: An employee can claim both wrongful dismissal and unfair dismissal for the same termination.
False
What is the role of an employment tribunal?
To resolve disputes between employers and employees regarding employment rights.
What is a key difference between unfair dismissal and wrongful dismissal?
Unfair dismissal relates to the fairness of the reason for termination, while wrongful dismissal relates to the legality of the termination process.
Multiple Choice: An employee’s dismissal is automatically unfair if it is related to: A) Trade union activities B) Performance issues C) Long service
A) Trade union activities
What is the burden of proof in unfair dismissal cases?
The burden of proof is on the employer to show that the dismissal was fair.
Fill in the blank: An employee claiming constructive dismissal must prove that the employer’s actions were ________ serious.
fundamentally
True or False: Employees can be dismissed for a ‘catch-all’ reason without it being considered unfair.
False
What is the significance of the ‘ACAS Code of Practice’ in dismissal cases?
It provides guidelines for handling disciplinary and grievance procedures, and non-compliance can lead to increased compensation.
What does ‘summary dismissal’ mean?
Immediate termination of employment without notice due to gross misconduct.
Fill in the blank: An employee is entitled to a written statement of reasons for dismissal if they request it within ________ of their dismissal.
14 days
Multiple Choice: Which of the following is an example of an automatically unfair dismissal? A) Dismissal for whistleblowing B) Dismissal due to poor performance C) Dismissal for lateness
A) Dismissal for whistleblowing
What is the role of the Advisory, Conciliation and Arbitration Service (ACAS)?
To provide advice and help resolve workplace disputes.
