1. Directors cannot be held personally liable for company breaches of employment legislation. True or False?

2. Before a claim can be brought in the Employment Tribunal, there must at least be employment. True or False?

3. In an Unfair Dismissal claim, the Tribunal will decide what the truth was about disciplinary allegations against an employee. True or False?

4. A company without a policy and training on Discrimination and Harassment, including Age Discrimination, is more likely to be found guilty. True or False?

5. A member of staff has been off ill for nine months. He says he will never be fit to return. You take him at his word and terminate his employment on health grounds. Fair or Unfair?

Answers to Quiz –

1. False. A company acts through individuals. They have inevitably committed infringing acts and can be liable. This is especially true in Discrimination claims.

2. False. Claims may arise from the absence of employment eg unsuccessful applications.

3. False. The absolute truth is not the question. The issue is whether the Company’s view was reasonable on the evidence before it.

4. True. Rather like criminals who say nothing, Companies who have no policies will need to explain why they don’t, if they claim to take rights seriously.

5. Unfair. Unless you are a doctor, you have dismissed without any actual medical evidence. Your employee may have other (bad) reasons for saying what he did.

Contact Michael Morse of Godloves on 0113 225 8811 for expert advice on all aspects of Agents Rights. He works closely with the winning counsel in Lonsdale. Email: mmorse@godloves.co.uk

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