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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 2 years ago by MikeLittle.
Viewing 4 posts - 1 through 4 (of 4 total)
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    Posts
  • July 14, 2023 at 5:26 pm #687974
    whydoyoucare
    Participant
    • Topics: 50
    • Replies: 46
    • ☆☆

    1)Fawn Ltd manufactures clothes and selle them through its own retail shop. Grace, vho is 33 years old, has been employed by Fawn Ltd for three years as manager of the shop.
    Grace has just been told that her services are no longer required, as Fawn Ltd has decided to close its store and concentrate solely on manufacturing.

    A)If Grace does not accept an offer of alternative employment, which of the following statements is correct?
    B)Grace will not be entitled to any financial compensation
    Grace will be entitled to financial compensation of three weeks’ salary up to a statutory maximum
    C)Grace will be entitled to financial compensation of four weeks’ salary up to a statutory maximum
    D)Grace will be entitled to financial compensation of five weeks’ salary up to a statutory maximum

    Why is the answer B?
    As Grace has refused the offer of alt employment shouldn’t she would lose out on redundancy pay? We are not told if she unreasonably refused or not. Do we assume she reasonably refused?

    2) Mark has been continuously employed by Stone Ltd for 18 months. He is dismissed, with notice, by his employer for requesting paid holiday leave.
    Which of the following statements is true?
    A)The reason for dismissal is automatically unfair, so Mark can bring action for unfair dismissal regardless of his length of employment
    B)Mark cannot bring an action for unfair dismissal since he has not been in continuous employment for more than 2 years
    C)Mark can claim statutory redundancy pay
    D)Mark can claim constructive dismissal

    The answer is A, is it automatically unfair regardless of not completing 2 years because the employee is denied a statutory right of holiday pay?

    July 15, 2023 at 7:15 am #688005
    MikeLittle
    Keymaster
    • Topics: 27
    • Replies: 23327
    • ☆☆☆☆☆

    re Fawn and Grace …

    a) your A and B subheadings caused me some mild confusion!

    b) the question is light on detail about the reasonableness of the alternative employment and the reasonableness of Grace’s refusal to accept

    But, in general, the refusal of alternative employment does not automatically disqualify an employee from claiming financial compensation …

    … and that’s why the answer is B

    re Mark and Stone, the answer is A. Length of employment is irrelevant in the situation where an employee is seeking to claim a statutory right

    OK?

    July 15, 2023 at 1:39 pm #688015
    whydoyoucare
    Participant
    • Topics: 50
    • Replies: 46
    • ☆☆

    Re fawn and grace

    So unless unreasonably refused is mentioned we assume that Grace reasonably denied? And so was entitled to redundancy pay?

    July 15, 2023 at 5:49 pm #688026
    MikeLittle
    Keymaster
    • Topics: 27
    • Replies: 23327
    • ☆☆☆☆☆

    Yup!

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