Employment Law Quiz

How much do you know about employment law? OGR Stock Denton has prepared this quiz to test your knowledge of various aspects of legislation relating to the workplace.  Why not take a couple of minutes to attempt the 10 questions and see how well you do? And remember, if you need any advice on any aspect of employment law, our team of expert lawyers is on hand to provide all the relevant support.

Questions & Answers:

1. At what age is a worker entitled to be paid the National Living Wage and how much is it?

The Government’s National Living Wage, which came into force in April 2016, must be paid to all workers aged 25 and over. It is currently set at £7.50 an hour. It is important to bear in mind that the national minimum wage still applies to lower age groups. The current national minimum wage is £7.05 an hour for 21-24 year-olds, £5.60 an hour for 18-20 year-olds, £4.05 an hour for under 18s and £3.50 an hour for apprentices.

2. What is the qualifying period of employment for an employee to bring a claim for unfair dismissal in relation to pregnancy or for taking maternity leave?

Where a claim relates to dismissal as a result of pregnancy or maternity leave, there is no qualifying period of employment.

3. An employee, who is the father of a child (or married to or the partner of the child’s mother), will be entitled to two weeks’ ordinary paternity leave, if they have been continuously employed for 6 months. How long do they have to take this up following the child’s birth and does it have to be taken in one block?

Paternity leave must be taken within 56 days of the date of the child’s birth. They must take either one week’s leave or two consecutive weeks, but not two separate weeks and not individual days.

4. Which one of these is not a redundancy situation?
    a) business closure
    b) workplace closure
    c) diminished requirements for an employee to do a particular type of work
    d) changing nature of business

The answer is d) – the changing nature of a business does not necessarily create a redundancy situation.

5. What is the maximum length of sickness absence to which Statutory Sick Pay (SSP) is payable by an employer?

Eligible employees are currently entitled to £89.35 per week Statutory Sick Pay for a period of up to 28 weeks.

6. Under the Working Time Regulations 1998, what is the maximum hourly limit a worker is permitted to work?

Under the Working Time Regulations 1998, workers cannot work more than an average of 48 hours a week (including overtime), normally averaged over a 17 week period. Workers have an option to opt-out of this limit in writing but can end their opt – out, without the employer’s consent, on written notice.

7. How many days holiday is a worker entitled to as their statutory holiday entitlement?

Almost all workers are entitled, by law, to a minimum of 5.6 weeks’ paid holiday per year. An employer can include the eight Bank Holidays as part of the statutory annual leave entitlement.

8. Does the Smoking, Health and Social Care Act 2005, that prohibited smoking in public places and enclosed areas such as workplaces, apply to smoking e-cigarettes in the workplace?

E-cigarettes – which have grown increasingly common in recent years - fall outside of the scope of the legislation which banned smoking in public places and enclosed areas. It is therefore important that employers have a clear policy stating what their position is in relation to these devices.

9. Is an employee who has undergone gender reassignment under an obligation to provide their employer with a copy of their Gender Recognition Certificate if they have one?

Employees do not have to inform their employer of their gender status in order to qualify for protection under discrimination laws.  It is unlawful for an employer to request their Gender Recognition Certificate.

10. Would an employee have a claim for age discrimination in a situation where they are overlooked for promotion because they are perceived by their employer as being “too young” for the senior role, even though in reality the employee is older than several employees who hold similar posts?

While there tends to be more focus on persons who believe they are discriminated against because they are older, employers should bear in mind that current legislation also protects young people who believe they have been treated differently because of their age.  A misconception about a person’s age can found a discrimination complaint.