Fri, 31 May 2013

How’s your Employment Law know-how?

Facilitated by law firm Bird & Bird, a recent meeting of London HR Connection included an employment law quiz. Thanks to both for allowing us to use it here.

Test yourself on the third part of the quiz of HR and recruitment-based legalities. We’ll offer another round next Friday. Good luck!

Note: Don’t scroll down the page too quickly - the answers are at the bottom of this page!

ROUND 3 – True or False

1. The collective consultation period when an employer is proposing to dismiss as redundant more than 100 employees in a 90-day period is 45 days.

2. An employee’s companion at a disciplinary or grievance meeting is not able to answer questions on the employee’s behalf.

3. A woman who returns from maternity leave does not have the right to work flexibly.

4. Employees who transfer under TUPE must be given an S1 statement of terms by their new employer within 30 days

5. The maximum unfair dismissal compensatory award is £74,200.

6. The default position in EAT hearings starting on or after 25 June this year is that the Judge will sit alone, and not in a panel including two lay members.

7. An employee who has completed 16 years' service is entitled to one week's notice for every year of service, to 16 weeks.

8. The number of claims submitted to the Employment Tribunal increases every year.

9. When hiring staff, it is unlawful for an employer to discriminate on the grounds of an applicant's social background.

10. A man is not entitled to time off work to accompany his pregnant partner to ante-natal classes.

11. An employer who knowingly hires an illegal worker in the UK commits a criminal offence.

ANSWERS

1. TRUE: As of 6 April this year. If between 20 and 100 redundancies are proposed then the period is 30 days.

2. TRUE: Companions may address the meeting and may confer with the employee that they are accompanying, but cannot answer questions for him or her.

3. TRUE: Employees only have a right to request flexible working.

4. FALSE: Assuming that an s1 statement was given originally, there is no obligation to give a new one.

5. If we use £74,200 – TRUE. The maximum compensatory award for unfair dismissal under section 124 Employment Rights Act 1996 rose in February 2013 to £74,200.

6. TRUE

7. FALSE: Employees are entitled to one week's notice after one month’s service, increasing to two weeks after two years’ service, increasing by one week for each year of service, but only up to a maximum of 12 weeks' notice.

8. FALSE: According to the Employment Tribunal’s statistics for 2011/2012, the number of claims last year actually fell by 10% from the previous year.    

9. FALSE: This is not one of the protected characteristics.

10. TRUE: but good practice, and law due to change under Children and Families Bill published earlier this year.

11. TRUE: Since 29 February 2008 it is a civil offence to negligently hire an illegal worker (punishable by a fine of up to £10k) but it is a criminal offence to knowingly hire an illegal worker (punishable by a custodial sentence of up to two years and/or an unlimited fine).