Which of the following statements is true of independent contractors? – 2017

which of the following statements is true of independent contractors?

Law of Employment – Revision Questions
01 Which of the following statement is correct?

(i) An employer is vicariously liable for all the acts committed by employees and
independent
(ii) An employer is vicariously liable for all torts committed by employees and independent
contractors
(iii) An employer is vicariously liable for torts committed by his employees in the course of
their employment
(iv) An employer is vicariously liable for all acts of his employees committed in the course of
their employment
02 Which of the following statements is correct in relation to the Working Time Regulation
1988?
(i) An employer can opt out of the requirements of the Working Time Regulation 1988
(ii) An employee cannot be required to work an average of 48 hours per week taken over a
period 17 weeks
(iii) An employee cannot be required to work an average of 48 hours per week taken over a
period 13 weeks
(iv) An employee cannot be required to work for more that 48 hours per week in any one
week
03 Which of the following statements is correct?
(i) The question as to whether a worker is an employee or an independent contract is one
of law
(ii) The question as to whether a worker is an employee or an independent contractor is one
of fact
(iii) The question as to whether a worker is an employee or an independent contractor is one
of fact and law
(iv) Whether a worker is an employee or an independent contractor depends entirely on the
application of the control test
04 Alan has contractual with L limited, under which he has agreed to work 15 hours a week
for an annual salary of GBP 12,000/-. Alan may carry out the 15 hours work during any
part of the week, as agreed with L limited in advance, but must carry out the work
personally. The contract also specifies that Alan is entitled to one week’s notice for each
year of employment. Alan has 20 days paid annual leave but he is not entitled to a
pension. I s Alan;
(i) A part time worker
(ii) It depends entirely on what Alan and L limited
(iii) An independent contractor
(iv) A casual worker
05 Which of the following statement is correct?
(i) A wrongful dismissal cannot also be an unfair dismissal
(ii) An unfair dismissal can also be wrongful dismissal
(iii) An unfair dismissal must also be a wrongful dismissal
(i) (i) only
(ii) (ii) only
(iii) (ii) and (iii) only
(iv) (i)
06 Which of the following is an employer not liable for at common law?
(i) The negligent acts of the employer’s employees to third parties
(ii) The negligent acts of independent contractors to other employees of the employer
(iii) The negligent acts of independent contractors to third parties
(iv) The negligent acts of the employers employees to third parties.
07 An employer always has an implied duty to
(i) Provide facilities for smokers
(ii) Give employees who leave a reference
(iii) Provide work
(iv) Behave reasonably and responsibly towards employees
08 As a general rule, relation to a claim for unfair dismissal, which of the following
statements are correct?
(i) Only employees below the normal retiring age may claim
(ii) There is no qualifying period
(iii) There is frequently no limit on the amount of compensation that a tribunal can award
(iv) Claims must be made with in three months of the dismissal
(i) (i) only
(ii) (ii) only
(iii) (ii) and (iii) only
(iv) (i) and (iv) only
09 Which of the following reasons is not valid for the dismissal of an employee?
(i) Dishonesty
(ii) Willful disobedience of a lawful order
(iii) Membership of trade union
(iv) Misconduct
10 M has been employed by DL Ltd for four years. He was aware that the company was
experiencing trading difficulties but is still shocked to be sent home without notice when
DL Ltd is compulsorily wound up. He sues for wrongful dismissal but at the hearing the
liquidator proves that he has discovered that makes has embezzled GBP 20,000 from the
company. Will M succeed in his claims?
(i) Yes. He has been constructively dismissed
(ii) Yes. He has been wrongfully dismissed without notice and no regard should be paid to
the embezzlement discover later.
(iii) No. The employment contract was frustrated by DL Limited’s liquidation
(iv) No. DL Limited was justified is its dismissal of M.
11 In which one of the following areas is an employee not protected by legislation?
(i) Dismissal on grounds of age
(ii) Dismissal on grounds of race
(iii) Dismissal on grounds of disability
(iv) Dismissal on grounds of sex
12 Which of the following statements is true?
(i) The most common remedy for wrongful dismissal is damages. The measures of damages
is usually the sum that would have been earned if proper notice had been given.
(ii) Where breach of contract leaves the employer as the injured party, he may dismiss the
employee and withhold wages.
(i) (i)
(ii) (ii)
(iii) Both (i) and (ii)
(iv) Neither (i) nor (ii)
13 An employee has been continuously employed for one and a half years. He is entitled to:
(i) Three months notice
(ii) A minimum of a week’s notice
(iii) One weeks notice for every year of his employment
(iv) A month’s notice
14 Which of the following is not a duty of the employer?
(i) To provide a rest break of at least twenty minutes every six hours
(ii) To provide an itemized pay slip
(iii) To provide references for the employee when the employee seeks other employment
(iv) To take reasonable care of employees
15 Which of the following might not be termination of employment by a breach of contract?
(i) Summary dismissal
(ii) Constructive dismissal
(iii) Wrongful dismissal
(iv) Inability on the employer’s behalf to continue
16 Which one of the following is normally implied into a contract of employment?
(i) A duty to provide a reference
(ii) A duty to provide work
(iii) A duty to pay wages
(iv) An employee’s duty to disclose his own misconduct
17 Where must a claim for a wrongful dismissal be brought?
(i) The employment tribunal only
(ii) The county court only
(iii) The high court only
(iv) The county court, the high court or the employment tribunal
18 Which of the following is not a duty of the employee?
(i) reasonable competence
(ii) Obedience to instructions ( unless required is unlawful or will expose employee to
personal danger)
(iii) Absence of error in work undertaken
(iv) Personal services
19 Which of the following is not a provision of the Employment Relations Act 1999?
(i) Ordinary maternity leave is extended to 26 weeks
(ii) The qualifying period for additional maternity leave is reduced from two years to one
(iii) Mother, fathers and adopted parents have the right to 13 weeks unpaid leave during the
first five years
(iv) Reasonable time off is to be allowed for family emergencies, for example absence of a
carer
20 Which of the following is normally not an implied term of a contract of employment?
(i) The duty to obey the employer’s lawful instructions
(ii) The duty to provide work
(iii) The duty not to disclose confidential information
(iv) The duty to maintain mutual trust and confidence
21 How much continuity of employment must an employee have to be eligible for
redundancy payment?
(i) 06 months
(ii) 02 years
(iii) 01 year
(iv) None
22 Which of the following statement is correct?
(i) Employee who has worked for 13 weeks qualifies for 3 week’s paid annual leave
including public holidays
(ii) Employee who has worked for 13 weeks qualifies for 3 week’s paid annual leave plus
public holidays
(iii) Employee who has worked for 13 weeks qualifies for 4 week’s paid annual leave
including public holidays
(iv) Employee who has worked for 13 weeks qualifies for 4 week’s paid annual leave plus
public holidays
23 Which of the following must be satisfied for an employee to claim wrongful dismissal?
(i) The employer terminated the contract without notice, and was not justified in doing so
(ii) The company must have at least 12 month’s continuous employment
(iii) The dismissal was not for reasons of conduct, capability, redundancy or some other
substantial reason
(i) (i) only
(ii) (i), (ii), and (iii)
(iii) (i) and (ii)
(iv) (iii) only
24 Which of the following reasons is not an automatically unfair reason for dismissal?
(i) An employee’s refusal to work in contravention of the Working Time Regulations 1998
(ii) An employee’s protected disclosure
(iii) An employee’s pregnancy
(iv) An employee’s gross misconduct
25 N commences employment under a three year contract with A limited on 01. 08. 2006, on
30 06 2009 he is given notice that the contract is not to renewed. Assuming that he has a
case, what claims may he bring against A Ltd?
(i) Wrongful dismissal only
(ii) Unfair dismissal only
(iii) Redundancy only
(iv) Redundancy and unfair dismissal only
26 Which of the following statements suggests that John is an independent contractor in
relation to the work he carries out for Zed Ltd?
(i) He is required to provide his own tools
(ii) He is required to carry out his work personally and is not free to send a substitute
(iii) He is paid in full without any deduction of Income Tax
(i) (i) and (ii) only
(ii) (ii) and (iii) only
(iii) (i) and (iii) only
(iv) (i), (ii) and (iii) only
27 Which of the following statements is correct?
(i) An employer is obliged to provide careful and honest reference.
(ii) An employer is obliged to provide a safe system of working
(iii) An employer is obliged to provide employees with smoking facilities during authorised
breaks at work.
(iv) An employer with a fewer than 20 employees is obliged to provide an itemised written
pay statement
28. Which one of the following can not justify the dismissal of an employee?
(i) The employee’s incompetence
(ii) The employee’s misconduct
(iii) The employee’s inability to do the job without contravening a statute.
(iv) That the employee proposes to join an independent trade union
29. In which one of the following situations is an employee not entitled to time off work?
(i) When the employee has given proper notice that he intends to leave, and wants to attend
interviews for a new job
(ii) When an employee receives proper redundancy notice from the firm, and wants to
attend interviews for a new job
(iii) When the employee is a trade union official, and wants time off to carry out trade union
duties
(iv) When the employee is in training as his company’s safety representative seeks time off to
attend a course.
30 Which one of the following is an employer today always bound to do?
(i) Give a testimonial to an employee who ask for one when he or she wishes to leave
(ii) Insure himself against possible occupational safety liability to employees
(iii) Pay wages to an employee during absence for illness
(iv) Prohibit smoking indoors
31 L plc carries out a business using both employees and independent contractors. It is
important for L plc to be able to distinguish between its employees and its independent
contractors for a number of reasons. Which of the following is not correct?
(i) Employees owe statutory occupational safety duties to employees but not to
independent contractors
(ii) Employees have a right not to be unfairly dismissed, but this does not apply to
independent contractors
(iii) H plc must deduct income tax and National Insurance contribution from the wages of
its employees, but not from the amounts paid to independent contractors
(iv) H plc must give statutory notice of detailed terms of work to part time employees but
not to independent contractors
32 Three of the following grounds for dismissal are automatically unfair. One might be unfair,
but not automatically. Which one?
(i) The employees proposed in his or her own time to take part in the activities of an
independent trade union
(ii) The employee had become pregnant but could still have done her job until antenatal care
was needed
(iii) The employee complained to the employer that the latter was breaking a statutory health
and safety provision
(iv) The employee was secretly working part time for another company
33 Various tests have been developed for the purpose of distinguishing between employees and
independent contractors. Which one of the following is not an identifiable test applicable?
(i) The control test
(ii) The liability test
(iii) The organization test
(iv) The economic reality test
34 In contract of employment, which of the following cannot be restrained after the contract
end?
(i) Future employment specified in the contract by restraint of trade clause
(ii) Use of specified confidential information
(iii) Disclosure of specified trade secrets
(iv) Use of special skills acquired during the employment
35 A breach of the Regulations contained in the Health and Safety at Work Act 1974 by an
employer will give rise to;
(i) Criminal Liability only
(ii) Neither civil nor criminal liability
(iii) Civil liability
(iv) Criminal and civil liability

 


 

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(iii) An employer is vicariously liable for torts committed by his employees in the course of
their employment
(ii) An employee cannot be required to work an average of 48 hours per week taken over a
period 17 weeks
(i) A part time worker
(ii) (ii) only
(iii) The negligent acts of independent contractors to third parties
(iv) Behave reasonably and responsibly towards employees
iv) (i) and (iv) only
(iii) Membership of trade union
(iv) No. DL Limited was justified is its dismissal of M.

(i) Dismissal on grounds of age

(ii) Insure himself against possible occupational safety liability to employees

i) Employees owe statutory occupational safety duties to employees but not to
independent contractors
(iv) The employee was secretly working part time for another company
(ii) The liability test

iv) Use of special skills acquired during the employment

i) Criminal Liability only

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