And the winners of our employment law quiz are ...
News item added 12th May 2008
Here are the answers to our employment law quiz!
1. What is the qualifying period for an employee to be able to bring a claim for a statutory redundancy payment?
The qualifying period is 2 years continuous service.Section 155, ERA 1996 states:‘An employee does not have any right to a redundancy payment unless he has been continuously employed for a period of not less than two years ending with the relevant date.’
2. How far back can a claim for arrears of wages go under the equal pay legislation?
By virtue of the Equal Pay Act (Amendment) Regulations 2003, a claim for arrears of wages can go back as far as 6 years.
3. What is the time limit for issuing an employee with a written statement of particulars?
Section 1(2) ERA 1996, states: ‘The statement… shall be given not later than two months after the beginning of the employment.’
4. What term is used to describe the period of time when an employee is working out their notice period yet is not required to report into work?
‘Garden leave’ is the term frequently used to describe the above situation. See William Hill Organisation ltd v Tucker 1998, for more information on the use of garden leave.
5. How many tiers are there currently under the new UK immigration system?
Under the new Home Office ‘points-based’ system, there are currently 5 tiers:Tier 1: Highly skilled individuals to contribute to growth and productivity; Tier 2: Skilled workers with a job offer to fill gaps in United Kingdom labour force; Tier 3: Limited numbers of low skilled workers needed to fill temporary labour shortages; Tier 4: Students; Tier 5: Youth mobility and temporary workers: people allowed to work in the United Kingdom for a limited period of time to satisfy primarily non-economic objectives.
6. Which landmark Court of Appeal case on agency workers was decided in February this year?
James v London Borough of Greenwich [2008] EWCA Civ 35
The leading judgement was delivered by Lord Justice Mummery, who is a former President of the Employment Appeal Tribunal [EAT] – and therefore no stranger to employment cases. Whilst many legal commentators were expecting that the Court in this case would arbitrate on the conflicting decisions in earlier cases, Lord Justice Mummery denied that any real conflict exists.
In the James case, the Court of Appeal agreed with the earlier decisions of the Employment Tribunal and the EAT. They held that there was no express contract of employment between James and the Council and there were insufficient grounds for requiring the implication of a contract [an implied contract of employment]. So, no contract, no basis for a claim of unfair dismissal. Provided the Employment Tribunal applies the correct legal test, then that should be the end of the matter said the Court of Appeal.
Lord Justice Mummery added a postscript to his judgement, in which he emphasized that the job of the tribunals and courts is to interpret and deal with the law as it stands. There may well be social and economic arguments in favour of changing the law in relation to the rights of agency workers – but it is for Parliament to effect such change, not the Courts.
7. Name three grounds upon which dismissal can be fair
Section 98(2) ERA 1996 sets out the ground upon which dismissal can be fair:
‘A reason falls within this subsection if it:- (a) relates to the capability or qualifications of the employee for performing work of the kind which he was employed by the employer to do,(b) relates to the conduct of the employee, (c) is that the employee was redundant, or (d) is that the employee could not continue to work in the position which he held without contravention (either on his part or on that of his employer) of a duty or restriction imposed by or under an enactment.
8. What is the current minimum wage for workers aged 22 and over?
There are three levels of minimum wage. The rates as of the 1st October 2007 are:• £5.52 per hour for workers aged 22 years and older • A development rate of £4.60 per hour for workers aged 18-21 inclusive • £3.40 per hour for all workers under the age of 18, who are no longer of compulsory school age
9. What is the maximum average number of hours a worker can be required to work a week under the Working Time Regulations assuming there is no ‘opt out’?
Regulation 4(1), Working Time Regulations 1998 states:
Subject to regulation 5, a worker's working time, including overtime, in any reference period which is applicable in his case shall not exceed an average of 48 hours for each seven days
Nb. Regulation 5 is the ‘opt out’ clause
10. What is the current maximum number of weeks that statutory maternity pay can be given?
For babies due on or after 1 April 2007, SMP is paid for a continuous period of up to 39 weeks
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How did you do? The following people got all the answers correct and are the lucky winners of our prize of 50% off their next JSB public course booking.
Jenni Davenport, HR Business Partner, Consort Medical
Gill Lay, Human Resources Adviser, Whitehorse District Council
Corinne Spencer, HR Director, Handpicked Hotels
Richi Talwar, Assistant Human Resources Manager, Bridgestreet Worldwide
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All of these employment law topics are covered in JSB's range of workshops, conferences and in-house training: read more.