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Dismissal & redundancy

Forums › Ask ACCA Tutor Forums › Ask the Tutor ACCA LW Exams › Dismissal & redundancy

  • This topic has 1 reply, 2 voices, and was last updated 4 years ago by Vijay.
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  • Author
    Posts
  • March 6, 2021 at 6:17 pm #613790
    Joseph.Andrews
    Participant
    • Topics: 55
    • Replies: 27
    • ☆☆

    I’m trying to get the difference and remedy for these dismissals and redundancy. Can you please help me out. I’m self studying 🙂

    1) Wrongful dismissal
    2) Constructive dismissal
    3) Summary dismissal
    4) Unfair dismissal
    5) Redundancy

    March 20, 2021 at 9:03 pm #614842
    Vijay
    Member
    • Topics: 0
    • Replies: 258
    • ☆☆☆

    Hi Joseph,

    Apologies for the delay.

    How the relationship ends:
    So there are different ways in which the relationship with an employer can end. It could end without there being a breach by either party in which case there is no claim. However, it could end with there being a breach by the employer. Constructive Dismissal is where the relationship ends due to a serious breach by the employer which makes the employee feel they have no other option but to leave under duress (pressure) for example the employee is discriminated and or bullied/victimised. If the employee leaves having been bullied or victimised then we call this a “Constructive dismissal”. A summary dismissal is where the employee is dismissed on the spot i.e. instantaneously without notice and or a reason.

    Once dismissed, the employee now has a choice as to whether they bring an “Wrongful dismissal” claim or “Unfair dismissal” claim. Wrongful dismissal claims are bought when an employee has been dismissed summarily or there has been a breach of contract. Damages are very limited. Its easy to bring as it does not matter how long the employee has been employed.

    Unfair dismissal – the employee can bring this claim against the employer but only if they have been employed for 2 years (generally). This claim is bought when the employee is dismissed without a fair reason and or a fair procedure being followed.

    Redundancy is a claim for compensation when a job or role is no longer available. Again you only qualify to bring this claim if you’ve been employed for 2 years.

    Ive summarised the above but would highly recommend you watch the recorded lectures as they provide more detail.

    Best wishes,

    Vijay

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