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- February 23, 2019 at 6:50 pm #506343
Hi,
Does an employee need to have been continuously employed for 2 years in order to bring action for unfair dismissal? I’m doing the kaplan revision kit and in one question where the employee, who’s been working for 18th months, is dismissed for requesting paid holiday leave the answer is that he can bring action for unfair dismissal regardless of his length of employment and then there is another question where the answer is that the employee must be continuously employed for two years to bring action for unfair dismissal.
There is another question that says: in the context of employment law, which of the following statements regarding wrongful dismissal is correct?
The correct answer is that ‘the employee is dismissed without proper notice’ but one of the options is ‘the employee is dismissed for unjustifiable reasons’, which I marked as the correct answer because in the lecture notes says that wrongful dismissal is when the employee has been dismissed without justification, so why in that question is not the correct answer?The question: which two of the following are reasons for dismissal which would be justified as fair?
a) capability or qualifications of the employee
b)legal prohibitions relating to the employee
c)refusal of the employee to join a trade union
d)taking part in unofficial industrial actionThe correct answer is A&B, but D is also justified as automatically fair according to the notes, why D is not the correct answer?
Many thanks
February 24, 2019 at 11:47 am #506383It’s my understanding that unfair dismissal rights only kick-in after 2 years’ continuous employment
Wrongful dismissal is dismissal without justification (or in breach of the ‘rules’ ie where the dismissal is done not according to how it is required to be done)
I’m happy to go along with you and wonder why your choice (dismissed for unjustifiable reasons) is not correct
As for your final question, again I agree with you that option d) is automatically fair
The only thing that I can suggest is that you may have possibly misread (and therefore also mistyped) the questions
It is most unlikely that that is the case – one question, possibly. Two questions, unlikely. Three questions, really, really unlikely
I can’t believe that this has helped you but it’s the best I can do, sorry
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