Roach: Card & James' Business Law
1. Resignation never amounts to dismissal. Yes or No?
a) Yes
b) No
2.Which one of the following statements is NOT true?
a) The illness of an employee can result in the frustration of his contract of employment.
b) Commencement of a compulsory winding up will constitute dismissal.
c) Where a frustrating event is an event affecting the employee, then the employee will be regarded as dismissed.
3.Melissa has been employed for eight years. Her employment contract does not provide for a minimum notice period. She is dismissed by her employer. According to statute, what is the minimum notice period that Melissa is entitled to?
a) One week
b) Seven weeks
c) Eight weeks
d) Twelve weeks
4.Cathy's contract of employment provides that she is employed by Monk plc solely to acquire a particular asset. She acquires this asset. In law, what effect does the acquisition of the asset have on her contract of employment?
a) The contract of employment is discharged by agreement and so Cathy is not regarded as dismissed.
b) The contract of employment is discharged by performance and so Cathy is not regarded as dismissed.
c) The contract is automatically terminated, and Cathy is not regarded as dismissed.
d) The contract is automatically terminated and Cathy is regarded as dismissed.
e) The contract of employment continues, but can be terminated by notice by either of the parties.
f) The employer has the option of continuing to employ Cathy or to terminate her contract.
5.Which one of the following is unlikely to allow an employer to summarily dismiss an employee?
a) The employee commits a negligent act which causes his employer to suffer financial loss.
b) The employee takes part in strike action.
c) The employee disobeys the employer's lawful orders.
d) The employee discloses confidential information.
e) The employee engages in Internet or e-mail abuse.
6.Which one of the following is unlikely to justify an employee regarding himself as constructively dismissed?
a) The employer is instructed to discriminate against ethnic customers.
b) The employer refuses an employee's request for time off.
c) The employer fails to follow grievance procedures.
d) The employer unjustifiable suspends the employee.
e) The employer breaches the implied term of mutual trust and confidence.
7.Martin has been employed by Cullen Ltd for four years and his contract of employment states that he is entitled to eight weeks notice. He engages in an act of negligence and is dismissed, but is only given three week's notice. Has he been wrongfully dismissed?
a) Yes
b) No
d) The death of an employee will frustrate the contract of employment.
8.Regarding an award of damages for wrongful dismissal, which one of the following statements is NOT true?
a) Damages cannot be recovered for injured feelings.
b) Damages cannot be recovered for the loss of a right to bring an unfair dismissal claim.
c) The maximum award a tribunal can make is £25,000.
d) The rules regarding mitigation do not apply.
e) Damages cannot normally be awarded for loss of reputation.
9.There are numerous differences between wrongful dismissal and unfair dismissal. Given this, which one of the following statements in NOT true?
a) Only employees can bring a claim for wrongful dismissal, whereas employees and independent contractors can claim for unfair dismissal.
b) Unfair dismissal requires the dismissal to be unfair, whereas wrongful dismissal does not require unfairness.
c) To bring an unfair dismissal claim, the employee must have worked for the employer for at least one year. No such requirement exists in relation to wrongful dismissal claims.
d) Damages for unfair dismissal are likely to higher than for wrongful dismissal.
10.On the 26th April 2015, Mario starts work for BioTech plc. His contract provides that he is entitled to six weeks' notice. On the 15th May 2016, he is dismissed after he discloses confidential information to a rival company. He alleges unfair dismissal. Is Mario eligible to claim for unfair dismissal?
a) Yes
b) No
