CILEx L3 Employment Law 2

Question 1

Which of the following is a potentially fair reason for dismissal under s.98(2) of the Employment Rights Act 1996?

Accepted Answer

Redundancy

Answer

Section 98(2) ERA 1996 sets out five potentially fair reasons for dismissal: capability or qualifications, conduct, redundancy, statutory illegality or contravention, and some other substantial reason (SOSR). Redundancy is one of these. Dismissal for pregnancy, trade union membership, or whistleblowing would be automatically unfair regardless of the employer's procedures or the length of service.

Question 2

Under TUPE (Transfer of Undertakings (Protection of Employment) Regulations 2006), what happens to employees' contracts when a relevant transfer occurs?

Accepted Answer

Employees' contracts automatically transfer to the new employer on the same terms

Answer

Under Regulation 4 of TUPE 2006, on a relevant transfer, all employees employed by the transferor immediately before the transfer automatically become employees of the transferee. Their contracts of employment transfer with all existing rights, duties, and liabilities (except criminal liabilities and old-age pensions). Dismissal by reason of the transfer is automatically unfair unless it is for an economic, technical, or organisational reason entailing changes in the workforce.

Question 3

What is the duty to make reasonable adjustments under the Equality Act 2010?

Accepted Answer

A duty on employers to take reasonable steps to remove barriers that place disabled workers at a substantial disadvantage

Answer

Sections 20-22 of the Equality Act 2010 impose a duty on employers to make reasonable adjustments where a provision, criterion or practice, a physical feature of premises, or the absence of an auxiliary aid puts a disabled person at a substantial disadvantage compared to non-disabled persons. What is 'reasonable' depends on factors including cost, practicability, the employer's resources, and the effectiveness of the adjustment.

Question 4

What is the minimum statutory notice period an employer must give to an employee who has been continuously employed for 8 years?

Accepted Answer

8 weeks

Answer

Under s.86 of the ERA 1996, after 2 years' continuous employment, the minimum statutory notice is 1 week for each complete year of service, up to a maximum of 12 weeks. For an employee with 8 years' service, the minimum notice is therefore 8 weeks. The first 2 years require only 1 week's notice. Contractual notice periods may be longer but cannot be shorter than the statutory minimum.

Question 5

In what circumstances can an employer lawfully make an employee redundant?

Accepted Answer

When the employer's requirement for employees to carry out work of a particular kind has ceased or diminished

Answer

Redundancy is defined in s.139 ERA 1996 as arising when the employer has ceased or intends to cease carrying on the business, the business has ceased or will cease in the place where the employee works, or the requirements for employees to carry out work of a particular kind have ceased or diminished. The employer must follow a fair procedure including consultation, apply fair selection criteria, and consider suitable alternative employment.

CILEx Level 3 Practice Test

CILEx Level 3 Practice Test

CILEx L3 Employment Law 2