So, you’ve done our Christmas Employment Law Quiz and made a note of your answers. Now, it’s time to find out if you were correct. Check out the answers below and mark your work.
Question One
B is the Correct Answer – No, Santa risks the possibilities of claims being raised.
Why?
Asking candidates to demonstrate a good sickness record may amount to discrimination against disabled people. Apart from in certain limited circumstances, it is unlawful to ask questions about health or disability before offering a job - again this can amount to discrimination.
Question Two
B is the Correct Answer - Although Santa has caught Cindy Loo attempting to steal a present, Santa should follow the investigation and disciplinary procedure set out in the staff handbook. Santa should not decide to terminate Cindy Loo’s employment until the process has been followed.
Why?
Even where an employee’s behaving in a way that could amount to gross misconduct and justify summarily dismissing them, the employer still has to conduct some form of investigation and disciplinary process (ACAS Code) to establish facts and allow the employee to explain before making a decision to dismiss.
Failure to follow such a procedure, especially where an employee has 2 years’ continuous service or more, may result in the employee’s dismissal being found to be unfair.
Question Three
C is the Correct Answer - Santa should record the complaint made by Kate and investigate Marv’s conduct.
Why?
The complaint should be recorded and ensure that the matter is investigated. During the investigation process, Marv should be asked his version of events and what happened before Santa comes to any conclusions.
When investigating the complaint, witnesses at the event should be questioned to see if they may be able to give a statement.
Question Four
A is the Correct Answer - Santa will need to decide whether to reject or accept the request. If Santa rejects the request, he can only reject it for one of the eight prescribed business reasons.
Why?
The statutory right to request flexible working came into force on 30 June 2014. All employees with at least 26 weeks’ continuous employment can make a request for flexible working under the statutory procedure.
An employer has a duty to consider the request and can only reject it for one of eight prescribed business reasons. Previously, only parents were able to request flexible working however, this has been extended to allow all staff to make such a request.
Question Five
B is the Correct Answer - Yes, if the consultants can show they are classed as workers, then Santa will be required to make payment for any unpaid holiday and any holiday they have been discouraged from taking because they would not have got paid.
Why?
In King v The Sash Window Workshop Ltd, the European Court of Justice decided that consultants who are properly categorised as workers, rather than genuinely self-employed, will be entitled to payment for any unpaid holiday they have taken and any holiday they have been discouraged from taking because they wouldn’t have been paid for it.
Therefore, there could be potential for a claim to be brought if the consultants can prove they are categorised as workers.
Question Six
B is the Correct Answer - Jack is a worker.
Why?
The question of whether an individual is classed as an employee, worker or is self-employed is not easy.
Worker status is defined under section 230 (3) of the Employment Rights Act 1996 as an individual engaged under an agreement ‘whereby the individual undertakes to do or perform personally any work or services for another party to the contract whose status is not by virtue of the contract that of a client or customer of any profession or business undertaking carried on by the individual’.
Question Seven
B is the Correct Answer - Bernard is expected to spread joy, happiness and the spirit of Christmas when working for Santa. Bernard no longer spreads the spirit of Christmas, meaning he no longer meets a genuine occupational requirement of his job role and Santa can get rid of Bernard.
Why?
Through process of elimination… A is incorrect as it is likely that Bernard’s political philosophy is a belief which would be protected by the Equality Act 2010 as it has a sufficient level of cogency, seriousness, cohesion and importance.
C is also incorrect because although Bernard does have a protected belief it does not entitle him to manifest that belief at work in an unacceptable manner.
Question Eight
C is the Correct Answer - Yes, Santa can dismiss Dancer without following the disciplinary procedure on the basis that she has failed her probation period.
Why?
Dancer does not have 2 years’ continuous service and therefore is not eligible to bring a claim for unfair dismissal. As Dancer has less than two years’ service, she can be dismissed for any reason and Santa does not have to follow a reasonable process to dismiss her.
Santa should also think of the repercussions, if he does not take this matter seriously, other colleagues may start doing the same.
How Well Did You Do?
Did you prove an expert, or could you have done better? Whatever your score, our employment law solicitors are here to support you. Get in touch today with your queries and our friendly and knowledgeable team will be happy to help.
