Section A

Which TWO of the following are valid grounds for a fair dismissal under the Employment Rights Act 1996?

Answer options:

Lack of capability or qualifications

Taking part in protected industrial action

Redundancy

Pregnancy or maternity leave

How to approach this question

Recall the five potentially fair reasons for dismissal under the ERA 1996. Distinguish these from automatically unfair reasons.

Full Answer

Under the ERA 1996, the five potentially fair reasons for dismissal are: capability/qualifications, conduct, redundancy, statutory illegality, and some other substantial reason (SOSR). Dismissal for pregnancy or protected industrial action is automatically unfair.

Common mistakes

Failing to distinguish between potentially fair reasons and automatically unfair reasons.

Question 07 All questions Question 09

Practice the full ACCA LW — Corporate and Business Law Practice Exam 6

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