Easy2 marksMultiple Choice
Corporate and Business LawSection BSyllabus CEmployment Law
This question is part of a case study — click to read the full scenario(Case 49)

SCENARIO: Harvest Horizon is an agri-tech firm. They hired Marcus as a drone operator. Marcus uses Harvest Horizon's drones, must wear their uniform, and is told exactly which fields to survey each day. However, his contract explicitly states: 'Marcus is an independent contractor and is responsible for his own tax.' Marcus has worked there for 3 years. Following a dispute over safety protocols, Harvest Horizon told Marcus not to return to work.

Based on the multiple test, what is Marcus's likely employment status?

ACCA · Question 50 · Corporate and Business Law

SCENARIO: Harvest Horizon is an agri-tech firm. They hired Marcus as a drone operator. Marcus uses Harvest Horizon's drones, must wear their uniform, and is told exactly which fields to survey each day. However, his contract explicitly states: 'Marcus is an independent contractor and is responsible for his own tax.' Marcus has worked there for 3 years. Following a dispute over safety protocols, Harvest Horizon told Marcus not to return to work.

Assuming Marcus is legally an employee, does he have the right to claim unfair dismissal?

Answer options:

A.

No, because safety disputes are not protected under employment law.

B.

No, because his contract stated he was a contractor.

C.

Yes, because he has the required 2 years of continuous service.

D.

Yes, because all workers have the right to claim unfair dismissal from day one.

How to approach this question

Identify the qualifying period for an unfair dismissal claim.

Full Answer

C.Yes, because he has the required 2 years of continuous service.✓ Correct
To bring a standard claim for unfair dismissal under the Employment Rights Act 1996, an employee must generally have at least 2 years of continuous service. Marcus has 3 years, so he qualifies. (Note: Dismissal for raising health and safety concerns is actually automatically unfair, requiring no qualifying period, making his case even stronger).

Common mistakes

Confusing the rights of 'workers' with the rights of 'employees'.

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