Christmas Quiz 2019

How much do you really know about Employment Law? Test your knowledge in this year’s festive quiz.

Questions & Answers:

Q1. At what age is an employee or worker entitled to the National Living Wage?

A: b) From April 2019 and employee (or worker) must be 25 or over to be entitled to the National Living Wage, which is currently £8.21 per hour. This is different from the National Minimum Wage where the employee (or worker) has to be at least of school leaving age. This should not be confused with the Real Living Wage, which is not an official Government figure, but is a recommendation. For 2019, the Real Living Wage £10.55 per hour in London and £9.00 per hour elsewhere in the UK.

Q2. How long does an employee have to be employed for in order to qualify for statutory maternity pay?

A: c) 26 weeks. She has to have been continuously employed for at least 26 weeks by the end of the Qualifying Week, which is the 15th week before the expected week of childbirth (EWC). 

Q3. How long does an employee have to be employed for in order to make a claim if they have been sexually harassed?

A: c) There is no minimum period of service require in order to bring a claim for sexual harassment under the Equality Act 2010 or indeed for any claim for discrimination under that Act.

Q4. What is the minimum number of weeks’ statutory paid holiday that employees are entitled to per holiday year?

A: a) 5.6 weeks -  this is for someone working on a full time basis and will be pro-rated for part - time employees.

Q5. What is the current maximum statutory redundancy entitlement?

A: c) £15,750 – this is based on an employee’s age and length of service. With the maximum length of service taken into account being 20 years and the maximum age being 61. 

The National Living Wage (applicable to workers aged 25 and over) is currently £7.83 an hour and is to increase to £8.21 an hour from April 2019.

Q6. For how long does an employee need to be employed before they can make a flexible working request?

A: b) 26 weeks . All employees have a legal right to request flexible working as long as they have worked for the same employer for at least 26 weeks.  

Q7. Bill is an employee, after much careful thought he decides to hand in his notice to terminate his employment. Can he later change his mind and taken his notice back?

A: c) Only by mutual consent –If notice has been validly given, then it generally cannot be withdrawn unilaterally whether by the employer or the employee.

Q8. From 6 April 2020 employers will have to provide all employees and workers starting work from that date with a written statement of particulars of employment on or before the date the employee starts. Is that:

A: a) True. The obligation to provide a written statement of particulars will be extended to workers from 6 April 2020 and the majority of written particulars must be provided in a single document on or before the date on which the employment starts. 

Q9. Sam is transitioning from a man to become a woman and now wants to be able to use the women’s toilets in the office. What should the employer do?

A: b) Anyone transitioning is protected from discrimination under the Equality Act 2010. A trans person should be free to select the facilities appropriate to the gender in which they present. When a trans person starts to live in their acquired gender role on a full time basis then they should have the right to use the facilities for that gender.  The trans person does not have to be under any medical supervision or have had surgery to be protected by the Equality Act. ACAS guidance states that the individual should be free to choose the most suitable facilities for their gender identity and states that transgender individuals should not be told to use the disabled facilities. 

Q10. Following an upgrade to your office IT systems you arrange for all your staff to have training. Jean, an employee, who is 88 years old has never been able to properly use the current system . You do not want to invest in further training for her and so you do not include her. Is this:

A: a) This could be age discrimination under the Equality Act 2010  – treating someone less favourably because of their age . A recent case on age discrimination found the NHS liable in connection with an 88 year old employee, who they had dismissed after concerns raised by staff over her frailty and age. Instead of investigating these concerns, the employee was marched from the building and removed from her role on the ground that she had failed to upload details of women waiting to have breast reconstruction surgery. In this case, the employee was successful in establishing age discrimination against the Trust because she had not been given adequate training and the training she had was ad hoc. However, each case will be fact sensitive.