问题

In the context of 'best practice' employment protection law, in which of the following circumstances is dismissal of an employee automatically considered unfair?

A

Selection for redundancy on the basis of age

B

Misconduct

C

Marriage to an employee of a key competitor

D

Incompetence

答案解析

Rationale: This constitutes unfair selection for redundancy (on the basis of recent age discrimination legislation): redundancy is potentially fair grounds for dismissal as long as the basis of selection is fair. Options B and D are potentially fair grounds: there should be a reasonable attempt at performance or disciplinary management (warnings, training etc). You may have hesitated over C, but this is an example of 'substantial reasons' that would be considered by a tribunal.Ways in: You could narrow the options by considering that there must be some way for companies to dismiss incompetent or deliberately obstructive employees.

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