Employment rights, and health and safety law assignment

Question 1

Which one of the following types of worker would normally be entitled to the national minimum wage?

a) Voluntary workers

b) Workers under the age of 19 employed under a contract of apprenticeship

c) Company directors

d) Students undertaking work placements of less than one year

e) Agency workers

f) Independent contractors

Question 2

Regarding the national minimum wage, which one of the following statements is NOT true?

a) An employer who refuses, or wilfully neglects, to pay a worker the minimum wage will commit a summary offence.

b) Any attempt to contract out of the provisions of the National Minimum Wage Act 1998 is void.

Question 3

Only one of the following persons are legally entitled to the National Living Wage. Identify which person.

a) Workers aged 25 and over.

b) Workers aged over 25.

c) Workers aged over 21.

d) Workers aged 21 and over.

e) Workers aged 18 and over.

Question 4

MultiTech Ltd is taken over by TechnoSoft plc. James, an employee of MultiTech is told that, following the takeover, he will become an employee of TechnoSoft but his job will remain the same. James does not wish to work for TechnoSoft and informs them of this. What will be the likely outcome?

a) James' contract of employment will be terminated, but he will be regarded as dismissed and so may claim unfair dismissal.

b) James' employment will be transferred to TechnoSoft irrespective of his wishes.

c) James' refusal to accept employment at TechnoSoft will constitute breach of contract.

d) James' contract of employment will be terminated and he will not be regarded as dismissed, and so will have no legal redress either TechnoSoft or MultiTech.

Question 5

What is the maximum period of Statutory Maternity Leave that an employee is entitled to?

a) Twenty-six weeks

b) Thirty-nine weeks

c) Fifty-two weeks

d) Fifty-four weeks

Question 6

Cathryn is pregnant. Her boyfriend, Andrew, is not the father of the child. Is Andrew entitled to paternity leave?

a) Yes

b) No

Question 7

Regarding Shared Parental Leave and Shared Parental Pay, which one of the following statements is incorrect?

a) Shared Parental Leave can be taken at any time up until the child's third birthday.

b) Shared Parental Leave was introduced by the Children and Families Act 2014.

c) The mother can end her maternity leave after the two-week compulsory maternity leave period and share her remaining leave with her partner.

d) Shared Parental Pay is payable at the same rate as Statutory Maternity Pay.

e) Shared Parental Leave can be taken in up to three continuous blocks of at least one week in length.

Question 8

Employers owe a tortious duty of care to take care of the health and safety of their employees. Which one of the following statements regarding this duty is NOT true?

a) An employer can be liable for injuries sustained due to defective equipment, even where the defect is due to the negligence of a third party.

b) An employer is not liable if an employee sustains an injury due to the negligent actions of another employee.

c) Liability will not be imposed on an employer who has taken all reasonable steps to avoid the act that led to the claimant's injury.

d) The duty is owed individually to each employee, not to the employees collectively.

e) An employer is likely to be liable if it provides safety equipment to an employee, but fails to ensure that the employee uses that equipment and the employee sustains injury as a result of not using the equipment provided.

f) The duty of care applies even where the employee's activities take place away from the employer's premises.

g) The duty of care covers psychiatric injury as well as physical injury.

Question 9

Which one of the following statements concerning the Health and Safety at Work Act etc 1974 is NOT true?

a) Employers owe a duty to persons who are not their employees.

b) A duty is imposed on self-employed persons to ensure that they are other persons who may be affected by his actions are not exposed to risks to their health and safety.

c) Breach of many of the duties imposed by the 1974 Act constitutes a criminal offence.

d) Employees are under a duty to take reasonable care of their own safety.

e) Employers can be liable to persons who are not their employees, but only if the employer's actions cause injury to such person's health.

Question 10

Poppy has worked for her employer for seventeen weeks. For eight of those weeks, she worked sixty hours per week. For the other weeks, she worked forty hours per week. Have the Working Time Regulations 1998 been breached?

a) Yes

b) No

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