ACCA LW · Chapter 6 · Question 5 of 11
An employer dismisses an employee with immediate effect, without notice, for being five minutes late on one occasion. The employee's contract requires one month's notice. What claim is most clearly available at common law?
Test yourself: pick an answer
Reveal answer & explanation
Correct answer: B) Wrongful dismissal, entitling the employee to damages normally based on pay for the notice period
Explanation
Wrongful dismissal is a common law claim for breach of contract, typically dismissal without the notice required by the contract or statute where there is no gross misconduct justifying summary dismissal. A single minor lateness is unlikely to amount to gross misconduct. Damages usually reflect the wages and benefits the employee would have earned during the notice period, subject to mitigation.
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