Employment Tribunals: Jurisdiction, Procedure, and Remedies

Question 1

Which of the following is NOT a type of employment tribunal in England and Wales?

Accepted Answer

Tax Tribunal

Answer

Employment Tribunal

Answer

Immigration and Asylum Tribunal

Answer

Upper Tribunal

Question 2

What is the role of the Employment Appeal Tribunal (EAT)?

Accepted Answer

To hear appeals from employment tribunals in England, Wales and Scotland

Answer

To interpret employment law

Answer

To provide guidance to employment tribunals

Answer

To resolve disputes between employers and employees

Question 3

What is the test for determining whether a worker in England and Wales is an employee or self-employed?

Accepted Answer

Multiple factors test

Answer

Control test

Answer

Integration test

Answer

Status test

Question 4

What is the burden of proof in an employment tribunal case in England, Wales and Scotland?

Accepted Answer

On the claimant

Answer

On the respondent

Answer

On both the claimant and the respondent

Answer

It depends on the circumstances of the case

Question 5

What is the general time limit for bringing a claim to an employment tribunal in the United Kingdom?

Accepted Answer

Three months

Answer

One month

Answer

Six months

Answer

Twelve months

Question 6

What is the concept of 'constructive dismissal' in employment law?

Accepted Answer

When an employee resigns due to a fundamental breach of contract by the employer

Answer

When an employer dismisses an employee without notice or pay

Answer

When an employee is demoted or has their pay reduced without cause

Answer

When an employer makes a minor change to an employee's job description

Question 7

Which of the following is NOT a protected characteristic under the Equality Act 2010?

Accepted Answer

Socioeconomic status

Answer

Age

Answer

Gender

Answer

Religion

Question 8

What is the primary purpose of a preliminary hearing held in an employment tribunal?

Accepted Answer

To define and narrow the specific issues in dispute

Answer

To determine the final outcome of the case

Answer

To hear witness testimony and gather evidence

Answer

To issue a binding legal judgment

Question 9

Which type of discrimination is notably excluded from those prohibited under the Equality Act 2010?

Accepted Answer

Discrimination based on political beliefs

Answer

Discrimination based on age

Answer

Discrimination based on sexual orientation

Answer

Discrimination based on disability

Question 10

Which of the following is outside the jurisdiction of employment tribunals in the UK?

Accepted Answer

Tax disputes

Answer

Breach of employment contract

Answer

Unfair dismissal

Answer

Discrimination claims

Question 11

What is the primary role of the Advisory, Conciliation and Arbitration Service (ACAS) in relation to employment tribunals?

Accepted Answer

To provide conciliation and mediation services

Answer

To appoint employment judges

Answer

To set procedural rules for employment tribunals

Answer

To review employment tribunal decisions

Question 12

Which of the following is NOT a power or responsibility of an employment judge presiding over an employment tribunal case?

Accepted Answer

Enforcing tribunal orders

Answer

Hearing and determining the case

Answer

Making findings of fact and law

Answer

Awarding remedies to successful claimants

Question 13

Which principle of natural justice grants a party the right to a fair hearing before an impartial tribunal?

Accepted Answer

Audi alteram partem

Answer

Res judicata

Answer

Nemo iudex in causa sua

Answer

Ultra vires

Question 14

In employment law, explain the principle of vicarious liability and its implications for employers.

Accepted Answer

Vicarious liability is a strict liability principle, making employers responsible for their employees' actions.

Accepted Answer

Vicarious liability does not extend to independent contractors.

Answer

Employers are automatically liable for any wrongdoing by their employees, regardless of circumstances.

Answer

Vicarious liability only applies to intentional torts committed by employees.

Question 15

Which of the following is not a remedy that an employment tribunal can award?

Accepted Answer

Criminal damages

Answer

Reinstatement

Answer

Injunction

Answer

Compensation

Question 16

What is the general time limit for bringing a claim to an employment tribunal?

Accepted Answer

3 months minus one day (less in certain circumstances)

Answer

6 months

Answer

12 months

Answer

1 month

Question 17

On whom does the burden of proof lie in an employment tribunal claim?

Accepted Answer

The burden of proof is on the claimant to prove their case on the balance of probabilities.

Answer

The burden of proof shifts between the claimant and the respondent throughout the proceedings.

Answer

The burden of proof is on the respondent to prove that the claimant's claim is false.

Question 18

What is the main purpose of a preliminary hearing in an employment tribunal claim?

Accepted Answer

To identify the main issues in dispute and to consider whether there are any preliminary issues that need to be resolved before a full hearing.

Answer

To determine the merits of the claim and make a final decision.

Question 19

What is the primary role of the Employment Appeal Tribunal (EAT)?

Accepted Answer

To hear appeals against decisions of employment tribunals.

Answer

To investigate allegations of unfair dismissal

Answer

To provide guidance on the interpretation of employment law

Question 20

What is the purpose of the ACAS Early Conciliation Scheme?

Accepted Answer

To encourage parties to resolve employment disputes without the need for formal proceedings.

Answer

To provide free legal advice and representation to employees

Answer

To investigate allegations of discrimination

Question 21

Which of the following claims **cannot** be brought before an Employment Tribunal in the UK?

Accepted Answer

Breach of contract for the sale of goods

Answer

Discrimination

Answer

Unpaid wages

Answer

Unfair dismissal

Question 22

Which of the following remedies **cannot** be awarded by an Employment Tribunal?

Accepted Answer

Imprisonment

Answer

Compensation for lost earnings

Answer

Re-engagement with a different job

Answer

Reinstatement to the original job

Question 23

What is the primary function of the ACAS Early Conciliation service in Employment Tribunal proceedings?

Accepted Answer

To encourage the settlement of disputes before they reach the Tribunal

Answer

To represent employees in Employment Tribunal proceedings

Answer

To provide free legal advice to both parties

Question 24

Which of the following statements accurately describes the Employment Tribunal process?

Accepted Answer

Proceedings are typically less formal and less adversarial than standard court proceedings

Answer

Tribunal hearings are always held in a traditional courtroom setting

Answer

The Tribunal is obligated to appoint a lawyer for both parties

Question 25

Which factor is most important for the Employment Tribunal to consider when assessing an unfair dismissal claim?

Accepted Answer

Whether the dismissal was based on a fair reason and followed a fair procedure

Answer

Whether the employee was a member of a trade union

Answer

Whether the employer offered the employee a severance package

Question 26

A worker is paid significantly less than their colleagues for performing the same job, despite having more experience. Which type of claim could they potentially bring to the Employment Tribunal?

Accepted Answer

Equal pay

Answer

Whistleblowing

Answer

Breach of contract

Answer

Unfair dismissal

Question 27

Which of the following statements is **correct** regarding the principles of Employment Tribunal decision-making?

Accepted Answer

The Tribunal must provide written reasons explaining its decision

Answer

The Tribunal's decisions are not binding on future cases

Answer

The Tribunal can award only financial compensation as a remedy