ACCA考试《经济法》章节练习(2020-08-12)
发布时间:2020-08-12
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Question:
In
relation to employment law, explain the meaning of redundancy and the rules
which govern it.
Answer:
Redundancy
is defined in s.139(1) Employment Rights Act (ERA) 1996 as being: \'if the
dismissal is wholly or mainly attributable to:
(a) the
fact that his employer has ceased, or intends to cease,
(i) to
carry on the business for the purposes of which the employee was employed by
him, or
(ii) to
carry on that business in the place where the employee was so employed, or
(b) the
fact that the requirements of that business
(i) for
employees to carry out work of a particular kind, or
(ii) for
employees to carry out work of a particular kind in the place where the
employee was so employed by the employer, have ceased or diminished or are
expected to cease or diminish.
In order
to qualify for redundancy payments, an employee must have been continuously
employed by the same employer or associated company for a period of two years.
At the outset of redundancy proceedings the onus is placed on the employee to
show that they have been dismissed, which they do by demonstrating that they
are covered by s.136 ERA 1996, which provides four types of dismissal. These
are:
(i) the
contract of employment is terminated by the employer with or without notice;
(ii) a
fixed term contract has expired and has not been renewed;
(iii) the
employee terminates the contract with or without notice in circumstances which
are such that he or she is entitled to terminate it without notice by reason of
the employer\'s conduct;
(iv) the
contract is terminated by the death of the employer, or the dissolution or
liquidation of the firm.
Once
dismissal has been established, a presumption in favour of redundancy operates
and the onus shifts to the employer to show that redundancy was not the reason
for the dismissal.
Employees
who have been dismissed by way of redundancy are entitled to claim a redundancy
payment from their former employer. Under ERA 1996, the actual figures are
calculated on the basis of the person\'s age, length of continuous service and
weekly rate of pay subject to statutory maxima. Thus employees between the ages
of 18 and 21 are entitled to ? week\'s pay for each year of service, those
between 22 and 40 are entitled to 1 week\'s pay for every year of service, and
those between 41 and 65 are entitled to 1? weeks\' pay for every year of
service.
The
maximum number of years service which can be claimed is 20 and as the maximum
level of pay which can be claimed is £430, the maximum total which can be claimed is £12,900 (i.e. 1·5 x 20 x 430).
Disputes
in relation to redundancy claims are heard before an Employment Tribunal and on
appeal go to the Employment Appeal Tribunal. The employer must act as would be
expected of a \'reasonable employer\' and in determining whether the employer has
acted reasonably, the Employment Tribunal will consider whether, in the
circumstances \'including the size and administrative resources of the
employer\'s undertaking, the employer acted reasonably or unreasonably in treating
it as a sufficient reason for dismissing the employee\' (s.98(4) ERA 1996).
Reasonable employers should follow the ACAS Code of Practice on Disciplinary
and Grievance Procedures in relation to the way they discipline and dismiss
their employees. Thus redundancy, per se, does not provide a justification for
dismissal, unless the employer had introduced and operated a proper redundancy
scheme, which included, preferably, objective criteria for deciding who should
be made redundant, and provided for the consideration of redeployment rather
than redundancy.
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下面小编为大家准备了 ACCA考试 的相关考题,供大家学习参考。
(b) Discuss the key issues which will need to be addressed in determining the basic components of an
internationally agreed conceptual framework. (10 marks)
Appropriateness and quality of discussion. (2 marks)
(b) There are several issues which have to be addressed if an international conceptual framework is to be successfully developed.
These are:
(i) Objectives
Agreement will be required as to whether financial statements are to be produced for shareholders or a wide range of
users and whether decision usefulness is the key criteria or stewardship. Additionally there is the question of whether
the objective is to provide information in making credit and investment decisions.
(ii) Qualitative Characteristics
The qualities to be sought in making decisions about financial reporting need to be determined. The decision usefulness
of financial reports is determined by these characteristics. There are issues concerning the trade-offs between relevance
and reliability. An example of this concerns the use of fair values and historical costs. It has been argued that historical
costs are more reliable although not as relevant as fair values. Additionally there is a conflict between neutrality and the
traditions of prudence or conservatism. These characteristics are constrained by materiality and benefits that justify
costs.
(iii) Definitions of the elements of financial statements
The principles behind the definition of the elements need agreement. There are issues concerning whether ‘control’
should be included in the definition of an asset or become part of the recognition criteria. Also the definition of ‘control’
is an issue particularly with financial instruments. For example, does the holder of a call option ‘control’ the underlying
asset? Some of the IASB’s standards contravene its own conceptual framework. IFRS3 requires the capitalisation of
goodwill as an asset despite the fact that it can be argued that goodwill does not meet the definition of an asset in the
Framework. IAS12 requires the recognition of deferred tax liabilities that do not meet the liability definition. Similarly
equity and liabilities need to be capable of being clearly distinguished. Certain financial instruments could either be
liabilities or equity. For example obligations settled in shares.
(iv) Recognition and De-recognition
The principles of recognition and de-recognition of assets and liabilities need reviewing. Most frameworks have
recognition criteria, but there are issues over the timing of recognition. For example, should an asset be recognised when
a value can be placed on it or when a cost has been incurred? If an asset or liability does not meet recognition criteria
when acquired or incurred, what subsequent event causes the asset or liability to be recognised? Most frameworks do
not discuss de-recognition. (The IASB’s Framework does not discuss the issue.) It can be argued that an item should be
de-recognised when it does not meet the recognition criteria, but financial instruments standards (IAS39) require other
factors to occur before financial assets can be de-recognised. Different attributes should be considered such as legal
ownership, control, risks or rewards.
(v) Measurement
More detailed discussion of the use of measurement concepts, such as historical cost, fair value, current cost, etc are
required and also more guidance on measurement techniques. Measurement concepts should address initial
measurement and subsequent measurement in the form. of revaluations, impairment and depreciation which in turn
gives rise to issues about classification of gains or losses in income or in equity.
(vi) Reporting entity
Issues have arisen over what sorts of entities should issue financial statements, and which entities should be included
in consolidated financial statements. A question arises as to whether the legal entity or the economic unit should be the
reporting unit. Complex business arrangements raise issues over what entities should be consolidated and the basis
upon which entities are consolidated. For example, should the basis of consolidation be ‘control’ and what does ‘control’
mean?
(vii) Presentation and disclosure
Financial reporting should provide information that enables users to assess the amounts, timing and uncertainty of the
entity’s future cash flows, its assets, liabilities and equity. It should provide management explanations and the limitations
of the information in the reports. Discussions as to the boundaries of presentation and disclosure are required.
(ii) evaluates the relative performance of the four depots as indicated by the analysis in the summary table
prepared in (i); (5 marks)
(ii) The summary analysis in (a)(i) shows that using overall points gained, Michaelangelotown has achieved the best
performance with 12 points. Donatellotown and Leonardotown have achieved a reasonable level of performance with
eight points each. Raphaeltown has under performed, however, gaining only four out of the available 12 points.
Michaelangelotown is the only depot to have achieved both an increase in revenue over budget and an increased
profit:revenue percentage.
In the customer care and service delivery statistics, Michaelangelotown has achieved all six of the target standards,
Donatellotown four; Leonardotown three. The Raphaeltown statistic of achieving only one out of six targets indicates the
need for investigation.
With regard to the credit control and administrative efficiency statistics, Leonardotown and Michaelangelotown achieved
all four standards and Donatellotown achieved three of the four standards. Once again, Raphaeltown is the ‘poor
performer’ achieving only two of the four standards.
(d) Discuss the professional accountant’s liability for reporting on prospective financial information and the
measures that the professional accountant might take to reduce that liability. (6 marks)
(d) Professional accountant’s liability
Liability for reporting on PFI
Independent accountants may be required to report on PFI for many reasons (e.g. to help secure a bank loan). Such forecasts
and projections are inherently unreliable. If the forecast or projection does not materialise, and the client or lenders (or
investors) consequently sustain financial loss, the accountant may face lawsuits claiming financial loss.
Courts in different jurisdictions use various criteria to define the group of persons to whom independent accountants may be
held liable for providing a report on an inaccurate forecast or projection. The most common of these are that an accountant
is liable to persons with whom there is proximity:
(i) only (i.e. the client who engaged the independent accountant);
(ii) or whose relationship with the accountant sufficiently approaches privity;
(iii) and to persons or members of a limited group of persons for whose benefit and guidance the accountant supplied the
information or knew that the recipient of the information intended to supply it;
(iv) and to persons who reasonably can be foreseen to rely on the information.
Measures to reduce liability
As significant assumptions will be essential to a reader’s understanding of a financial forecast, the independent accountant
should ensure that they are adequately disclosed and clearly stated to be the management’s responsibility. Hypothetical
assumptions should be clearly distinguished from best estimates.
The introduction to any forecast (and/or report thereon) should include a caveat that the prospective results may not be
attained. Specific and extensive warnings (‘the actual results … will vary’) and disclaimers (‘we do not express an opinion’)
may be effective in protecting an independent accountant sued for inaccuracies in forecasts or projections that they have
reported on.
Any report to a third party should state:
■ for whom it is prepared, who is entitled to rely on it (if anyone) and for what purpose;
■ that the engagement was undertaken in accordance with the engagement terms;
■ the work performed and the findings.
An independent accountant’s report should avoid inappropriate and open-ended wording, for example, ‘we certify …’ and ‘we
obtained all the explanations we considered necessary’.
Engagement terms to report on PFI should include an appropriate liability cap that is reasonable given the specific
circumstances of the engagement.
The independent accountant may be able to obtain indemnity from a client in respect of claims from third parties. Such ‘hold
harmless’ clauses obligate the client to indemnify the independent accountant from third party claims.
3 An organisation has decided to compare the benefits of promoting existing staff with those of appointing external
candidates and to assess whether the use of external recruitment consultants is appropriate.
Required:
(a) Describe the advantages of internal promotion. (5 marks)
3 All organisations rely upon their staff for success. However, recruitment of staff can be time consuming; a drain on resources and the necessary expertise may not exist within the organisation.
(a) Internal promotion describes the situation where an organisation has an explicit policy to promote from within and where there is a clear and transparent career structure. This is typical of many professional bodies, large organisations and public services.
The advantages of internal promotion are that it acts as a source of motivation, provides good general morale amongst employees and illustrates the organisation’s commitment to encouraging advancement. Recruitment is expensive and internal promotion is relatively inexpensive in terms of time, money and induction costs and since staff seeking promotion are known to the employer, training costs are minimised. Finally, the culture of the organisation is better understood by the individual.
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