CIMA BA4 · Chapter 12 · Question 5 of 10
Under English law, which of the following is NOT a potentially fair reason for dismissal under the Employment Rights Act 1996?
Test yourself: pick an answer
Reveal answer & explanation
Correct answer: A) The employee's membership of a trade union
Explanation
Under section 98 of the Employment Rights Act 1996, the potentially fair reasons are capability or qualifications, conduct, redundancy, contravention of a statutory duty or restriction, and some other substantial reason. Dismissal because of trade union membership or activities is automatically unfair (Trade Union and Labour Relations (Consolidation) Act 1992, s152). Even with a fair reason, the employer must act reasonably and follow a fair procedure.
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