Employment Law Flashcards

Which statutory right requires an employer to provide a written statement of employment particulars?

Answer: Employment Rights Act 1996, s.1

Section 1 of the Employment Rights Act 1996 (as amended by the Employment Act 2002 and the Employment Rights (Employment Particulars and Paid Annual Leave) (Amendment) Regulations 2018) requires employers to provide employees with a written statement of employment particulars. Since 6 April 2020, this must be provided on or before the first day of employment and now also applies to workers.

What is the qualifying period of continuous employment generally required before an employee can claim ordinary unfair dismissal?

Answer: 2 years

Under s.108 of the Employment Rights Act 1996, an employee must generally have at least 2 years' continuous employment to bring a claim for ordinary unfair dismissal. This qualifying period was increased from 1 year to 2 years in April 2012. However, no qualifying period is needed for automatically unfair dismissals (e.g., dismissal for pregnancy, whistleblowing, or trade union membership).

Under the Equality Act 2010, which of the following is NOT a protected characteristic?

Answer: Political opinion

The nine protected characteristics under s.4 of the Equality Act 2010 are: age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex, and sexual orientation. Political opinion is not a protected characteristic under the Equality Act 2010 in England and Wales (though it is protected in Northern Ireland under separate legislation).

What test is used to determine whether a person is an employee or an independent contractor?

Answer: The multiple test (also known as the economic reality test)

The courts use the multiple test (or economic reality test) considering various factors including: mutuality of obligation, personal service, control, integration into the business, financial risk, provision of equipment, and the right to work for others. No single factor is determinative. Ready Mixed Concrete v Minister of Pensions [1968] established this approach, and the Supreme Court in Autoclenz v Belcher [2011] confirmed courts should look at the reality of the relationship, not just the written terms.

What is constructive dismissal?

Answer: When an employee resigns in response to the employer's fundamental breach of contract

Constructive dismissal (s.95(1)(c) ERA 1996) occurs when an employee terminates the contract, with or without notice, in circumstances where they are entitled to do so because of the employer's conduct. The employer must have committed a fundamental (repudiatory) breach of contract, such as breaching the implied term of mutual trust and confidence (Malik v BCCI [1998]). The employee must resign in response to the breach and not delay too long (Western Excavating v Sharp [1978]).

What is the maximum compensatory award for unfair dismissal (as of 2025/26)?

Answer: £115,115 or 52 weeks' gross pay, whichever is lower

The compensatory award for unfair dismissal is subject to a statutory cap, which is reviewed annually. It is the lower of the statutory maximum (£115,115 for dismissals from April 2024) or 52 weeks' gross pay. The compensatory award is assessed on a 'just and equitable' basis under s.123 ERA 1996. The basic award is calculated separately using a formula based on age, length of service, and weekly pay (also capped).