Herrington & Carmichael

Under section 1 of the Employment Rights Act 1996, within how many months of employment must an Employer provide the Employee with a written statement of terms and conditions of employment?

2 months
3 months
4 months

What is the statutory minimum period of notice to be given by an Employer to an Employee who has been continuously employed by the Employer for 13 years?

8 weeks
12 weeks
16 weeks

According to the ACAS Code of Practice on Disciplinary and Grievance Procedures, which ONE of the FOLLOWING is correct?

A first written warning should be active for 12 months
Final written warnings should be active for 12 months
Warnings should never remain active indefinitely
Any reliance on an expired warning is automatically unfair

Employees always have the right to have legal representation at disciplinary hearings?

True
False

If an Employee fails to comply with the ACAS Code on grievance procedures, what is the maximum percentage by which the Tribunal may reduce any award made?

15%
25%
35%

Which of the following is not required as part of a fair redundancy process?

Warning employees of the risk of redundancy
The opportunity for selected employees to contest their selection
A step 1 letter in advance of a step 2 meeting

Which of the following, if any, has priority in a redeployment situation?

Pregnant employee
An employee disabled for the purposes of the Disability Discrimination Act 1995
An employee being made redundant whilst on maternity leave
None of the above

Which of the following is correct?

The new ACAS Code of Practice on Discipline and Grievance expressly applies to redundancies
The new ACAS Code of Practice in Discipline and Grievance does not expressly apply to redundancies but its principles are still relevant
ACAS has a separate Code of Practice in relation to redundancy handling
There is no ACAS Code of Practice on redundancy handling

As from 1 October 2009, what is the statutory maximum figure for a week's pay for the purposes of basic award payments in an unfair dismissal claim?

£180
£280
£380

Complete the missing words from section 1 of the Disability Discrimination Act 1995:

"...a person has a disability for the purposes of this Act if he has a physical or ________ impairment which has a substantial and ________effect on his ability to carry out normal day-to-day activities".

Mental, Long-term
Mental, Severe
Psychological, Serious

Which of the following statements is correct?

In order for a condition to be considered a ‘mental impairment’ under the Disability Discrimination Act 1995 (DDA), it must be clinically well recognised
The DDA defines what is meant by physical and mental impairment
An addiction to alcohol, nicotine or any other substance may amount to an impairment for the purposes of the DDA
The correct point at which a disability should be evaluated is the time at which the discriminatory act took place; not at the time of the Hearing

What is the name of the Bill, expected to receive Royal Assent in Spring 2010, which will bring together and amend the existing discrimination legislation concerning sex, race, disability, sexual orientation, religion or belief and age?

The Equality Bill
The Sex & Race Discrimination Bill
The Discrimination Bill

What was the National Minimum Wage for adult workers aged 22 and over increased to on the 1 October 2009?

£5.75
£5.80
£5.85
£5.90

What is the statutory minimum paid annual leave entitlement for a full-time employee?

21 days
28 days
35 days

Which of the following statements is correct?

If there has been a failure to properly inform and consult with employees in accordance with TUPE, a Tribunal may award compensation of up to 13 weeks' pay for each affected employee. There is no limit on the amount of a week's pay.
If there has been a failure to properly inform and consult with employees in accordance with TUPE, a Tribunal may award compensation of up to 13 weeks' pay for each affected employee. The limit on a week’s pay is the same as for redundancy.
If there has been a failure to properly inform and consult with employees in accordance with TUPE, a Tribunal must award compensation of up to 13 weeks' pay for each affected employee. There is no limit on the amount of a week's pay.

Which of the following statements is incorrect?

TUPE does not apply to a transfer of shares
The usual requirement of one year’s service does not apply to an unfair dismissal arising under TUPE
An Employee who is dismissed because of a TUPE transfer can choose whether they pursue an unfair dismissal claim against the old Employer or the new Employer
A relevant transfer under TUPE may take place whether or not any property is transferred to the buyer by the seller

If an Employer allows a woman to return to work during the two-week period from the date of childbirth, they will be committing a criminal offence?

True
False

According to the Working Time Regulations 1998, a worker’s working time should not exceed an average of how many hours for each seven days?

36 hours
48 hours
72 hours

If you are making an employee redundant you need to give them reasonable time off to look for a new job but how much do you need to pay them during this time off?

Full Pay
No pay
A maximum of 2/5 of a weeks pay in total regardless of the time taken off

As an employer do you have to give the following employees written reasons for their dismissal:

An employee who has completed 6 months continuous service and who makes an oral request?
Yes
No
An employee who has completed 6 months continuous service and who makes a written request?
Yes
No
An employee who has been dismissed during her pregnancy after six months service and makes a request?
Yes
No

Herrington & Carmichael's HR Quiz 2010