ACCA BT · Chapter 7 · Question 4 of 10
Under employment law based on the English common law model (as used in the ACCA BT syllabus), an employee is dismissed without being given the period of notice required by their contract of employment. Which claim is most directly based on this breach?
Test yourself: pick an answer
Reveal answer & explanation
Correct answer: D) Wrongful dismissal
Explanation
Wrongful dismissal is a common law claim for breach of the employment contract, typically where the employer fails to give the contractual (or statutory minimum) notice; damages are usually limited to pay for the notice period. Unfair dismissal is a separate statutory claim concerning whether the reason for and procedure of the dismissal were fair, and it does not depend on whether notice was given. Constructive dismissal arises when an employee resigns because of the employer's fundamental breach, and redundancy concerns the role ceasing to exist.
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