What is the legal definition of 'wrongful dismissal'?

Answer options:

Dismissal without a fair reason under the Employment Rights Act 1996.

Dismissal in breach of the terms of the employment contract, typically regarding notice.

Dismissal due to the employee joining a trade union.

Dismissal where the employer's conduct forces the employee to resign.

How to approach this question

Distinguish between common law contractual claims and statutory employment claims.

Full Answer

B.Dismissal in breach of the terms of the employment contract, typically regarding notice.✓ Correct

Wrongful dismissal is a common law claim based on a breach of the employment contract. The most common example is dismissing an employee without providing the notice period stipulated in their contract (unless they committed gross misconduct justifying summary dismissal).

Common mistakes

Using 'wrongful dismissal' and 'unfair dismissal' interchangeably.

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Practice the full ACCA LW — Corporate and Business Law Practice Exam 3

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