Easy2 marksMultiple Choice
ACCA · Question 51 · Employment law
Scenario: 'DeepBlue Aquaculture' employs Marcus as a technician. Marcus has worked there for 3 years. He is dismissed immediately without notice after being caught deliberately tampering with the oxygen sensors in the fish tanks, which is classed as gross misconduct. Sarah, another employee of 1 year, is dismissed because the company is closing its kelp harvesting division.
Question: If Marcus had NOT committed gross misconduct and was dismissed normally, what is the minimum statutory notice period he would have been entitled to?
Scenario: 'DeepBlue Aquaculture' employs Marcus as a technician. Marcus has worked there for 3 years. He is dismissed immediately without notice after being caught deliberately tampering with the oxygen sensors in the fish tanks, which is classed as gross misconduct. Sarah, another employee of 1 year, is dismissed because the company is closing its kelp harvesting division.
Question: If Marcus had NOT committed gross misconduct and was dismissed normally, what is the minimum statutory notice period he would have been entitled to?
Answer options:
A.
1 week.
B.
2 weeks.
C.
3 weeks.
D.
1 month.
How to approach this question
Apply the statutory formula: 1 week of notice per complete year of service (for service between 2 and 12 years).
Full Answer
C.3 weeks.✓ Correct
Under s.86 of the Employment Rights Act 1996, an employee with continuous employment of two years or more is entitled to one week's notice for each complete year of service. Marcus has 3 complete years, so he would be entitled to 3 weeks' statutory notice.
Common mistakes
Confusing statutory notice with typical contractual notice (e.g., 1 month).
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