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      Employment Relationships on QuizRevolution

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      employment Quiz Channel

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      Newest Quiz: Employment Relationships

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      Employment Relationships

      Question
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      Employment Relationships
      Points for Question
      100
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      Hi Score
      600
      Is an employee an individual who...
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       of players answered correctly.
      • Provides services to another

      • Provides services to another under a contract of employment

      • Provides services to another under a system of subordination

      • Provides services to another under a contract for services

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      Comments:
      1. Is an employee an individual who...
        1. Provides services to another
        2. Provides services to another under a contract of employment
        3. Provides services to another under a system of subordination
        4. Provides services to another under a contract for services

        1. The definition comes from s.230 of the Employment Rights Act 1996

      2. A self-employed independent contractor is an individual who...
        1. Provides services to another under a contract
        2. Provides services to another under a contract for services
        3. Provides services to another under a contract of service
        4. Provides services to another under a contract of employment

        1. A tricky one that! The devil is in the detail of the wording.

      3. How relevant is the parties' intentions in determining if a contract of employment exists?
        1. Never relevant
        2. Always relevant
        3. Relevant where there is ambiguity
        4. Relevant if the court thinks it desirable to consider it

        1. But also be aware of Lord Denning's comments in Massey v Crown Life Assurance

      4. Mutuality of obligation means there is an obligation on the enterprise to offer...
        1. Nothing - the individual is a free agent
        2. Work to the individual providing services (IPS)
        3. Work to the ISP, who's obliged to accept
        4. A minimum amount of work to the ISP who's obliged to accept

        1. This is a very troublesome area - have a read of McMeechan v Secretary of State for Employment (1997) for a better understanding

      5. Which of these basic elements must be present for someone to be an employee of another?
        1. Control, integration and personal service
        2. Control, integration and economic reality
        3. Control, mutuality of obligation and personal service
        4. Control, integration and mutuality of obligation

        1. Feeling rather like a Criminal Law MCT now isn't it?! Not long left to go.

      6. The statutory definition of a worker is an individual who undertakes to do work...
        1. For another party but NOT under a contract of employment
        2. For another party to a contract who isn't a client
        3. For another party on the basis of a contract of services
        4. For another party to a contract who is a client

        1. Yes, it's confusing! But stick with it.

      7. Which case held that there can be no employment contract without mutuality of obligation?
        1. Carmichael v National Power plc [2000]
        2. Mingeley v Pennock and Ivory t/a Amber Cars [2004]
        3. Montgomery v Johnson Underwood [2001]
        4. Ready Mixed Concrete v Minister of Pensions and NI [1968]

        1. Although this decision failed to set out any overarching principles and only dealt with ongoing commitments based on length of service, rather than when there is a series of individual arrangements

      8. In Cornwall CC v Prater (2006) what did the CA say about mutuality of obligation?
        1. There was mutuality of obligation in each single arrangement
        2. There must be an obligation to take work to satisfy the test
        3. There must be an obligation to offer work to satisfy test
        4. The test could never be met by short casual arrangements

        1. This protects workers with sporadic brief arrangements, even those who only do one day's work for another

      9. Why is it necessary to distinguish employees from other types of worker?
        1. For statutory purposes only
        2. For common law purposes only
        3. For EU purposes only
        4. For both common law and statutory purposes

        1. Employees have greater statutory rights than other types of worker. The common law also recognizes that employees should be treated differently from independent contractors.

      10. If the terms are not all in writing, is the true construction of the contract...
        1. Depends which industry/sector is involved
        2. A question for the Secretary of State
        3. A question of fact
        4. A question of law

        1. Unless the relationship is dependent purely on the true construction of a written contract, whether or not there is a contract of employment is a question of fact for a court or tribunal to determine.

      Tags: education , law

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