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Forums › Ask ACCA Tutor Forums › Ask the Tutor ACCA LW Exams › Employment
Question: In the context of employment law, there are circumstances where dismissal without notice is Not wrongful.
In which of the following circumstances does this apply?
1) Both parties have mutually agreed to terminate the contract without notice
2) The employee has received payment in lieu of notice
3) The employee has committed a serious breach of contract
a) 1 and 2 only
b) 2 and 3 only
c) 3 only
d) 1 2 and 3
In the above question, what does receiving payment in lieu of notice mean. Also what sort of notice is this mentioned in option 2. Further, does the statement : the employee has committed a serious breach of contract is the definition of summary dismissal.
Payment in lieu of notice is where, instead of the employer saying to the employee “I’m giving you 3 weeks notice of your dismissal instead the employer says “I’m going to dismiss you. You are entitled to be given 3 weeks notice. Instead, you’re going to leave immediately and I shall pay you for the 3 weeks salary to which you would have been entitled”
OK?
