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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?

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ACCA · Question 51 · 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: If Zara wins her employment tribunal case, which of the following remedies is the tribunal legally required to consider FIRST?

Answer options:

A.

Compensation

B.

Reinstatement

C.

Re-engagement

D.

A public apology

How to approach this question

Recall the statutory hierarchy of remedies for unfair dismissal.

Full Answer

B.Reinstatement✓ Correct
Under the Employment Rights Act 1996, if an employee wins an unfair dismissal claim, the tribunal must explain the orders for reinstatement and re-engagement and ask if the employee wants them. Reinstatement (getting the exact same job back) must be considered first. If not practicable, re-engagement (a similar job) is considered. If neither is ordered, compensation is awarded.

Common mistakes

Assuming compensation is the first legal consideration just because it is the most common practical outcome.
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