ExpertMedium2 marksMultiple Choice
ACCA · Question 12 · Corporate and Business Law
What is the primary difference between wrongful dismissal and unfair dismissal?
What is the primary difference between wrongful dismissal and unfair dismissal?
Answer options:
A.
Wrongful dismissal requires 2 years of continuous service, unfair dismissal does not.
B.
Wrongful dismissal is a breach of contract claim, whereas unfair dismissal is a statutory claim.
C.
Wrongful dismissal can only be claimed by independent contractors.
D.
There is no difference; they are two terms for the same legal concept.
How to approach this question
Distinguish between common law contract rights and statutory employment rights.
Full Answer
B.Wrongful dismissal is a breach of contract claim, whereas unfair dismissal is a statutory claim.✓ Correct
Wrongful dismissal is a common law breach of contract (usually failure to give contractual notice). Unfair dismissal is a statutory right under the Employment Rights Act 1996, protecting employees from being dismissed without a fair reason and fair procedure.
Common mistakes
Using the terms interchangeably.
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