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Employment - Possible Exam Questions:

1) Discrimination/ Equality Act 2010


a) The Equality Act provisions on equal pay and sex discrimination are
intended to ensure that pay and other employment terms are
determined without sex discrimination or bias.
b) Should there be limitations, prescribed by law, on the freedom to
manifest ones religion or beliefs in the workplace?
c) The Equality Act 2010 replaced previous anti-discrimination
legislation with a single Act, making the law easier to understand and
strengthening protection in some situations. Critically evaluate
whether the Equality Act 2010 has achieved these aims.
d) The increase in the qualifying period of service will mean that
employees will lose valuable employment protection rights.
Critically assess this statement.
2) Collective Bargaining
a) Strikes or other forms of industrial action are an essential part of the
collective
bargaining process. Discuss with reference to caselaw and
relevant statutory provisions.
3) Redundancy
a) Do the statutory provisions on redundancy fairly balance, on the one
hand, the
employers need for flexibility, and on the other, the employees
need for job security?
b) The statutory definition of redundancy as set out in Section 139
Employment Rights
Act 1996 has caused problems for the courts and
tribunals over the years.
Outline the problems caused and the way in which the courts have
attempted to resolve
them.
4) Contract of Employment / Breach of Contract
a) Distinguish between self employed, contract of service
b) The emergence of the implied obligation of mutual trust and
confidence is a term
which has become central to the content and
values of the employment contract.
c) How fundamental, in the eyes of the courts, is the implied obligation
of mutual trust
and confidence to the employment relationship?
d) The Supreme Court has recently confirmed that an employment
tribunal should
consider whether the terms of a written contract
represent what was actually agreed
between the parties, not only at the
beginning of the relationship but at any later stage,
where the
relationship and the terms governing it may have changed. Discuss.

5) Termination: Unfair Dismissal/Wrongful Dismissal/Constructive


Dismissal
a) It is impossible to provide an exhaustive list of all the circumstances
that will amount
to a breach of contract in order to establish a constructive
dismissal. However, certain
conduct will nearly always amount to a
breach of contract. Critically evaluate this
statement, with reference to
case law.
6) Vicarious Liability
a) If there is a close connection test, it is that the relationship
between the defendant and the tortfeasor should be so close to a
relationship of employer/employee that, for vicarious liability purposes, it
can be fairly said to be akin to employment.
b) Under the common law principle of vicarious liability, employers
may be held liable for the tortious acts of their employees but may not be
held liable for the acts of independent contractors. However, the terms
"contract of service" and "contract for services" carry no statutory definition,
and the category into which a particular contract
falls is determined
according to case law. Employment status case law goes back many
years,
but it is impossible to set down a clear set of defining criteria against which
an
individual's status can be definitively determined. Critically discuss
this statement.
7) Trade Union
a) There are a number of reasons why a trade union will seek a
certificate of
independence. Why is independent status important to a
trade union?
b) Trade unions, to a degree, help to balance the inequalities in the
employment
relationship, by workers coming together to negotiate
with employers on more equal terms. With reference to relevant legislation
and case law, critically discuss this
statement.

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