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EMPLOYMENT LAW

Forums › Ask ACCA Tutor Forums › Ask the Tutor ACCA LW Exams › EMPLOYMENT LAW

  • This topic has 3 replies, 2 voices, and was last updated 1 year ago by MikeLittle.
Viewing 4 posts - 1 through 4 (of 4 total)
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    Posts
  • July 15, 2023 at 1:44 pm #688016
    whydoyoucare
    Participant
    • Topics: 50
    • Replies: 46
    • ☆☆

    Charles saw a sign advertising vacancies at a local building site. He contacted the foreman and was told that he would be required but that, because work depended on the weather conditions, he would not be given an employment contract. He would be accountable for his own income tax and national insurance. The foreman added that he would be provided with tools and that at the beginning of each day he would be told which site he would work on that day. Lateness or theft of materials would lead to his dismissal.

    Nick commences employment under a three-year contract with Equis It on 1 August 20X6. On 10 July 20X9 he is given notice that the contract is not to be renewed. On dismissal, all employees of Equis It are entitled only to the statutory mini mum notice period.

    Q: Has Nick been given sufficient notice in regards to the termination of his employment contract and why?

    A) No. Nick was entitled to three months notice which he was not given
    B) No, Nick was entitled to a months’ notice which he was not given
    C) Yes even though the contract was for a fixed term, Equis It was required to give Nick at least two weeks notice which it did
    D) Yes because the contract was of the fixed term and therefore no notice is necessary

    The answer is C. My question is why? In fixed term contract when contract expires no notice period is needed, and nick almost completed the third year too just a month was remaining. And he got even more than the minimum notice period (2weeks) he got a month almost.

    July 15, 2023 at 5:52 pm #688027
    MikeLittle
    Keymaster
    • Topics: 27
    • Replies: 23321
    • ☆☆☆☆☆

    So …..?

    …….what’s your question?

    July 17, 2023 at 4:24 pm #688390
    whydoyoucare
    Participant
    • Topics: 50
    • Replies: 46
    • ☆☆

    The answer is C. My question is why? In fixed term contract when contract expires no notice period is needed, and nick almost completed the third year too just a month was remaining.
    QUESTIONs:
    Why was he given notice period in fixed contract?
    Considering it was terminated a month early so 3 years are completed that’s why only 2 weeks?

    July 17, 2023 at 9:15 pm #688430
    MikeLittle
    Keymaster
    • Topics: 27
    • Replies: 23321
    • ☆☆☆☆☆

    Your first point ‘In fixed term contract when contract expires no notice period is needed’ states within your observation that no notice period is necessary. But in Nick’s case, the contract period has NOT expired, so your observation is not relevant.

    The fact is, Nick DIDN’T work for three years. Just because he got close to three years doesn’t equate to three years. He worked for 2 years + and is therefore entitled to AT LEAST 2 weeks’ notice.

    And that’s what he got!

    OK?

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