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    PracticeACCAACCA LW — Corporate and Business Law Practice Exam 5Question 49
    Medium2 marksMultiple Choice
    Employment lawSyllabus CEmployment LawWhistleblowingUnfair Dismissal

    ACCA · Question 49 · Employment law

    Section B - Scenario 2

    SCENARIO: 'Quantum Weave' is an advanced textiles manufacturer. Zara, an employee of 6 months, discovers that the company is illegally dumping toxic nanomaterials into a local river. She reports this to the Environmental Agency. The next day, Quantum Weave dismisses Zara, explicitly stating in writing that she is being fired for 'causing trouble with the authorities'.

    QUESTION: What specific type of dismissal has occurred here?

    Answer options:

    A.

    Wrongful dismissal

    B.

    Constructive dismissal

    C.

    Automatic unfair dismissal

    D.

    Fair dismissal for gross misconduct

    How to approach this question

    Identify the legal protection afforded to whistleblowers.

    Full Answer

    C.Automatic unfair dismissal✓ Correct
    Under the Public Interest Disclosure Act 1998 (amending the ERA 1996), dismissing an employee because they made a protected disclosure (whistleblowing) is classed as 'automatic unfair dismissal'. The tribunal does not need to consider whether the employer acted reasonably.

    Common mistakes

    Confusing standard unfair dismissal (which requires a reasonableness test) with automatic unfair dismissal.
    Question 48All questionsQuestion 50

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