07 November 2018
Employee dismissal: Test your knowledge
Dismissing an employee can be difficult for all parties involved but may have to take place to ensure a business survives or perhaps the employee was not performing as he / she should. There are specific procedures that need to be followed otherwise an employment tribunal may take place. Here’s a quick quiz to see if employees and employers know their rights.
1. What’s the least amount of notice that an employer can give to an employee who has worked for them for 2.5 years?
a) Seven days.
c) One month.
d) Two months.
2. What does constructive dismissal mean?
a) There is a serious breach of contract by the employer which entitles the employee to treat it as terminated.
b) An employee is responsible for gross misconduct and the employer dismisses him / her instantly.
c) If an employer dismisses the employee without giving him / her the notice agreed in the contract.
d) Where an employee is dismissed for an unfair reason.
3. Which of the following statements is correct?
a) An employer is permitted to set a compulsory retirement age if they can objectively defend it.
b) If an employee’s job is redundant then the person can be fairly dismissed, if the correct procedures are adhered to.
c) If an employer dismisses for a reason that is capable of being fair, they still have to provide evidence that the procedure that they used for the dismissal was a fair one.
d) All statements are correct.
4. Which organisation produces the Code of Practice on Disciplinary and Grievance Procedures?
a) Advisory, Conciliation and Arbitration Service.
b) Arbitration, Advice and Reconciliation Service.
c) Advisory, Negotiation and Conciliation Service.
d) Arbitration, Conciliation and Consultation Service.
5. When is there a legal obligation on an employer to provide 'collective consultation' as well as 'individual consultation' on redundancy?
a) Whenever one redundancy is being made.
b) Where an employer is recommending to dismiss five or more workers.
c) Where an employer is recommending to dismiss 20 or more workers.
d) It is not a legal requirement to offer a collective consultation but it is considered best practice.
6. Which one of the following is not a redundancy situation?
a) A business is closing down.
b) A particular site is closing down.
c) An employee is not performing so the employer decides to do away with the role.
d) Where there is a reduction in the need for employees to do particular kinds of work.
7. What is the maximum compensation an employee can receive for unfair dismissal based on discriminatory reasons?
a) Unlimited in certain cases.
8. What is the usual time limit for an employee to make a claim against unfair dismissal, without taking into account any extensions due to the ACAS conciliation period?
a) 1 month starting from effective date of termination.
b) 3 months starting from effective date of termination.
c) 6 months starting from effective date of termination.
c) 12 months starting from effective date of termination.
How did you do?
Answers: 1) b 2) a 3) d 4) a 5) c 6) c 7) a 8) b
All correct – Congratulations!
6 / 7 correct – Well done. But there could be some risk to your business’s reputation and finances if all procedures are not carried out correctly.
5 correct or less – Perhaps it’s time for a seminar with B P Collins’ employment team.
With employment law changing so frequently, B P Collins is mindful that employers may find it hard to keep up to date with the latest regulations. As part of our commitment to helping you minimise the risk of an employment claim, please get in touch for advice or for a copy of our handy guide to current key facts and figures relating to employment law: For advice, contact Hannah King. Call 01753 279029 or email firstname.lastname@example.org