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Question：In the context of 'best practice' employment protection law (using UK legislation as a basis), 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 a key competitor
D. Incompetence
The correct answer is: Selection for redundancy on the basis of age
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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