ExpertMedium2 marksMultiple Choice
ACCA · Question 49 · Employment law
Section B - Scenario 2
SCENARIO: 'Quantum Weave' is an advanced textiles manufacturer. Zara, an employee of 6 months, discovers that the company is illegally dumping toxic nanomaterials into a local river. She reports this to the Environmental Agency. The next day, Quantum Weave dismisses Zara, explicitly stating in writing that she is being fired for 'causing trouble with the authorities'.
QUESTION: What specific type of dismissal has occurred here?
Section B - Scenario 2
SCENARIO: 'Quantum Weave' is an advanced textiles manufacturer. Zara, an employee of 6 months, discovers that the company is illegally dumping toxic nanomaterials into a local river. She reports this to the Environmental Agency. The next day, Quantum Weave dismisses Zara, explicitly stating in writing that she is being fired for 'causing trouble with the authorities'.
QUESTION: What specific type of dismissal has occurred here?
Answer options:
A.
Wrongful dismissal
B.
Constructive dismissal
C.
Automatic unfair dismissal
D.
Fair dismissal for gross misconduct
How to approach this question
Identify the legal protection afforded to whistleblowers.
Full Answer
C.Automatic unfair dismissal✓ Correct
Under the Public Interest Disclosure Act 1998 (amending the ERA 1996), dismissing an employee because they made a protected disclosure (whistleblowing) is classed as 'automatic unfair dismissal'. The tribunal does not need to consider whether the employer acted reasonably.
Common mistakes
Confusing standard unfair dismissal (which requires a reasonableness test) with automatic unfair dismissal.
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