ExpertMedium2 marksMultiple Choice
ACCA · Question 08 · Employment law
Section A
Which TWO of the following are valid grounds for a fair dismissal under the Employment Rights Act 1996?
Section A
Which TWO of the following are valid grounds for a fair dismissal under the Employment Rights Act 1996?
Answer options:
A.
Lack of capability or qualifications
B.
Taking part in protected industrial action
C.
Redundancy
D.
Pregnancy or maternity leave
How to approach this question
Recall the five potentially fair reasons for dismissal under the ERA 1996. Distinguish these from automatically unfair reasons.
Full Answer
Under the ERA 1996, the five potentially fair reasons for dismissal are: capability/qualifications, conduct, redundancy, statutory illegality, and some other substantial reason (SOSR). Dismissal for pregnancy or protected industrial action is automatically unfair.
Common mistakes
Failing to distinguish between potentially fair reasons and automatically unfair reasons.
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