CILEx L6 Employment Law

Question 1

What is the distinction between an 'employee', a 'worker', and an 'independent contractor' in employment law?

Accepted Answer

Employees work under a contract of employment with full employment rights; workers have an intermediate status with some rights (e.g., minimum wage, holiday pay); independent contractors are self-employed with minimal statutory rights

Answer

All three categories have the same employment rights

Answer

Workers have more rights than employees

Answer

Only employees can claim unfair dismissal

Question 2

What are the tests used to determine employment status?

Accepted Answer

Mutuality of obligation, control, personal service, integration into the business, and the economic reality test — no single test is determinative (Ready Mixed Concrete v MPNI [1968])

Answer

Whether the parties have signed a document called a 'contract of employment'

Answer

Whether the individual pays income tax as an employee

Answer

Whether the individual works full-time for one employer

Question 3

What are the statutory rights of an employee on redundancy?

Accepted Answer

A statutory redundancy payment (based on age, length of service, and weekly pay), notice or payment in lieu, and the right to a written statement of the reasons for dismissal

Answer

The right to be redeployed automatically within the same organisation

Answer

The right to challenge the fairness of the selection process

Answer

Only the right to a redundancy payment if employed for 2 or more years

Question 4

What is 'constructive dismissal' under the Employment Rights Act 1996?

Accepted Answer

Where an employer's repudiatory breach of the employment contract entitles the employee to resign and treat themselves as dismissed

Answer

Where an employee is dismissed without being told

Answer

Where an employer fails to follow a fair dismissal procedure

Answer

Where an employee is dismissed because of a fundamental change in their role

Question 5

What are the 'five potentially fair reasons for dismissal' under s.98 ERA 1996?

Accepted Answer

Capability, conduct, redundancy, statutory illegality, and some other substantial reason (SOSR)

Answer

Misconduct, incompetence, ill health, dishonesty, and poor performance

Answer

Redundancy, misconduct, and retirement only

Answer

Any commercially justifiable reason decided by the employer

Question 6

What is the 'band of reasonable responses' test for unfair dismissal?

Accepted Answer

The employer's decision to dismiss falls within the range of reasonable responses available to a reasonable employer — not whether the tribunal would have dismissed the employee in those circumstances

Answer

Whether the dismissal was the most appropriate sanction

Answer

Whether a majority of employers in the industry would have dismissed

Answer

Whether the dismissal was the inevitable result of the employee's conduct