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Employment law quiz

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By Nichola Upperton-Evans


Given that most of the UK’s adult population are either employers or employees you would be forgiven for thinking that everyone would have a basic understanding of employment law. But how many people have a real grasp of the rules that govern working relationships?

Fewer than you might think, warns employment law expert Nichola Upperton-Evans from law firm Rowe Cohen. She offers this checklist for uncertain bosses and workers.

One HR ‘Brownie Point’ for every correct answer.

Unfair dismissal compensation

From 1 February 2004 unfair dismissal and redundancy compensation was marginally increased.

Question(a) Was the weekly pay limit increased to
1. £270?
2. £295?
3. £327?

Question (b) was the upper limit increased to
1. £53,500?
2. £55,000?
3. £65,000?

Discrimination

It is illegal to discriminate against people on the grounds of their race, colour, and sex. In addition, from December last year it was deemed illegal to discriminate against them on other grounds.

Question (c) Were these ‘other’ grounds

1. their religious beliefs?
2. their nationality?
3. their country of origin?
4. their sexual orientation?
5. their criminal record?

Grievances and discipline

Question(d) To reduce the risk of being deemed unfair when dismissing an employee, must employers

1. Give six weeks notice in writing?
2. Give three weekly verbal warnings?
3. Give three weekly written warnings?
4. Include details and descriptions of disciplinary procedure and grievance channels in all employees’ contracts of employment and adhere to them?
5. Offer a fair voluntary redundancy package?
6. Give two weekly verbal and one written warning?

Flexible working

Question (e) Do employees with a clear responsibility for raising a child under the age of six (or eighteen if the child is disabled) have the right to ask their employer to seriously consider a request for more flexible working hours?

Yes/No?

Question (f) If ‘yes’ must the employer then change the working hours (or give a reasonable written explanation why this has not been done) within six weeks or face the possibility of seeing the case brought before an Employment Tribunal?

Yes/ No?

Question(g) To qualify for flexible working rights, must the parent/carer must have clocked-up?

1. three months (13 weeks) service?
2. six months (26 weeks) service?
3. twelve months (52 weeks) service?

Maternity

Question (h) How long is Ordinary Maternity Leave?
1. 13 weeks (extended from 12 weeks)?
2. 18 weeks (extended from 12 weeks)?
3. 26 weeks (extended from 18 weeks)?
4. 52 weeks (extended from 26 weeks)?

Question (i) Is Additional Maternity Leave

1. 26 weeks, running from the end of Ordinary Maternity Leave?
2. 13 weeks running from the end of Ordinary maternity leave?
3. 10 weeks running from the first month of a second or subsequent pregnancy?

Question(j) To qualify for Additional Maternity Leave is it necessary to have worked for the same employer for:
1. A qualification period of one year?
2. The six months (26 weeks) leading up to the 25th week of pregnancy?
3. The nine months (39 weeks) leading up to the 12th week of pregnancy?
4. The twelve months (52 weeks) leading up to the 9th week of pregnancy?

Question(k) Is the Statutory Maternity Pay entitlement period now
1. 13 weeks?
2. 26 weeks?
3. 39 weeks?

Question(l) How much is Statutory Maternity Pay between the seventh and twenty- sixth week
1. The lessor of £75.50 and 90% of average earning per week
2. The lesser of £102.80 and 90% of average earning per week?
3. The lessor of £125.95 and 90% of average earning per week?
4. The lessor of £150.45 and 90% of average earning per week?

Paternity

Question(m) From April last year:

Do new fathers have the option of taking 1 or 2 consecutive weeks off as Paternity Leave within

1. eight weeks (56 days) of the child’s birth?
2. ten weeks (70 days) of the child’s birth?
3. eighteen weeks (126 days) of the child’s birth?

Question(n) To qualify for Paternity Leave, the employee must have clocked-up

1. six months (26 weeks) service?
2. twelve months (52 weeks) service?
3. eigthteen months (78 weeks) service?

Question(o) Is Statutory Paternity Pay

1. The lesser of £102.80 and 90% of average earnings per week?
2. The lesser of £125.25 and 90% of average earnings per week?
3. The lesser of £150.50 and 90% of average earnings per week?


Answers

(a) £270, (b) £53,000, (c) 1 and 4, (1 point each). (d) 4, (e) Yes, (f) Yes, (g) 2, (h) 3, (i) 1, (j) 2, (k) 2, (l) 2, (m) 1, (n) 1, (o) 1,

Score rating
16 Points – Excellent
12 Points – Exceptionally good
10 Points -Very good
8 Points – Rusty
6 points – Very rusty
Less than 4 Points – Go back to business college!

“I think most employers who don’t have a specialist HR department – and employees for that matter – would struggle to answer these questions correctly,” says Nichola Evans.

“There is plenty of fine print, of course. If you find yourself in a situation where you are unclear about employment provisions, seek professional help from a employment solicitor or your trade union.”

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6 Responses

  1. Quiz update
    Thank you for your responses.

    HR Zone has liaised with Rowe Cohen and their PR agency regarding the issues you have outlined.

    They apologize for any inaccuracies and have subsequently updated the quiz to reflect the amendments. In response to Anne Teggart there are, indeed, 15 questions but (c) has two correct answers, ‘1 and 4 (1 point each)’. The introduction also said ‘award yourself a point for each correct answer’. It was thus possible to reach 16 points. The last question is now ‘o’ and not ‘p’ to save confusion.

    We welcome your comments and thank you for highlighting your concerns.

    HRZone

  2. 16 points?
    Is it me but I can only see 15 questions but the top score you can get is 16?!
    (I did notice that the last two questions were titled ‘n’ and ‘p’, with the letter ‘o’ left out…)

  3. Lets be precise!
    If we want to be really accurate, it should be noted that discrimination on the basis of religous belief became illegal on 2nd December, for some reason sexual orientation came onto the statute books on 1st December!

  4. Expertise
    This quiz annoyed me when it was in The Times or The Guardian but I ignored it then. Its reappearance is disapponting. Perhaps I should have corrected it then to avoid repetition!
    Peter stanway

  5. Employment Law Expert!?!?
    In addition to Neil’s comments regarding Maternity, Paternity and Redundancy rates being out of date, Question D regarding disciplinary & Grievance is also incorrect.
    Including details and descriptions of disciplinary procedure and grievance channels in all employees’ contracts of employment, will not avoid the risk of a dismissal being unfair. Actually following the correct procedure may help though!

    Also, Question (c) regarding discrimination stated that from 1 December last year, in addition to discriminating against people on the grounds of their race, colour, and sex, it was deemed illegal to discriminate against them on other grounds of:
    1. religion
    2. nationality
    3. country of origin
    4. sexual orientation
    5. criminal record
    6. disability

    The answers are ‘religious belief’, (not religion), and sexual orientation. These WERE introduced on 1 December last year so is not a trick question as suggested! Disability Discrimination was already illegal at that point.

    I’m very surprised to hear that this has come from an employment law expert!!

    Caroline.

  6. SMP, SPP and redundancy rates
    The answer of £100 given as the value of SMP and SPP in questions l) and p) is incorrect.

    For the first 6 weeks, SMP is paid at 90% of the employee’s average earnings during a defined period, and in weeks 7 to 26 it is paid at the lesser of £102.80 and 90% of the average earnings.

    The two weeks’ SPP are paid at the lesser of £102.80 and 90% of the average earnings.

    The £100 value related to the 2003/4 tax year and was then increased to £102.80 for the current tax year.

    Also, while the value quoted in the answer to question a) is indeed that in effect from 1st February last year (2003), it is out of date as it was further increased to £270 in February 2004.

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