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Fine Ltd specialises in providing software to the financial services industry. It has two offices, one in?Edinburgh and the other, its main office, in London. In January 20X3, Gus was employed as a software?designer attached to the Edinburgh office. However, in May 20X4, Gus was informed that he was to be?transferred to the head office in London, which is more than 350 miles from his usual workplace.?Gus refused to accept the transfer on the basis that he had been employed to work in Edinburgh not London.?Consequently, on 1 June 20X4 he wrote to Fine Ltd terminating his contract with them.?

31

【論述題】

?Explain constructive dismissal with regard to the termination of an employment contract?

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考點(diǎn)：Chapter9Dismissalandredundancy

?Constructive dismissal takes place where the employer repudiates some vital term of the employment?contract and, despite the employer's willingness to continue the employment, the employee resigns because?of it. No notice of termination is served on either party. In such cases, the employer is liable for breach of?contract and unfair dismissal.??

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Vlad generates a substantial income from illegal tax evasion and sought advice from Gloria (his personal accountant) on how to dispose of his illegal earnings. Gloria suggested that to disguise the source of the funds, Vlad should purchase a chain of restaurants and pass his gains from the illegal operation through the restaurants' accounts. Vlad agreed with Gloria’s proposal and appointed her as the restaurant chain’s finance director and together they passed the illegal money through the operation.

25

【論述題】

State the offence of money laundering.

State whether Gloria has any liability for money laundering.

State whether Vlad has any liability for money laundering.

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In January the board of directors of Huge plc decided to make a takeover bid for Large plc. After the decision?was taken, but before it is announced, the following chain of events occurs:?

(1) Slye, a director of Huge plc, buys shares in Large plc?

(2) Slye tells his friend Mate about the likelihood of the takeover and Mate buys shares in Large plc?

(3) At a dinner party Slye, without actually telling him about the takeover proposal, advises his brother?Tim to buy shares in Large plc and Tim does so?

28

【論述題】

?State whether Slye committed insider dealing when he bought shares in Large plc?

?State whether Mate has any liability for insider dealing?

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