What is wrongful dismissal?
Wrongful dismissal occurs where there has been a breach of an employee’s contract of employment by their employer.
Examples of wrongful dismissal
There are a number of examples of where there would be a claim for wrongful dismissal and these include.
- Breach of an expressed or implied notice period - This is the most common claim for wrongful dismissal and is concerned with an employer’s failure to give an employee their notice entitlement. There are a number of ways to ascertain your notice entitlement, it might be stated in your contract of employment or if your contract is silent on this, then the statutory minimum notice period is implied and applies. If your contract states that you are entitled to receive payment in lieu of notice then your employer has the ability to dismiss you without notice, but will pay you for your contracted notice period. Your employer can also dismiss you without notice if you are found to have carried out a repudiatory breach of contract.
- Termination of a fixed-term contract - Termination of a fixed-term contract before the expiry of the contract.
- Breach of a contractual procedure - Breach of a contractual procedure. If there is a clause in your contract of employment which states that a procedure should be followed in the case of redundancy or there is a disciplinary procedure to be followed, the employer’s failure to follow it amounts to wrongful dismissal. In such situations, you can claim for loss of wages for the period of time that it would have taken to carry out the procedure.
What are the remedies?
Damages are available for an employee who is found to have been wrongfully dismissed. Damages are paid to put you back in the position had your contract not been breached. For example if an employer dismisses an employee without giving the employee the correct notice then the damages would amount to the salary the employee would have received had they been given the correct notice.
How can Verisona Law help?
Verisona Law has a team of employment law advisers who are happy to help you explore whether you have a claim and assist and can provide advice on how best to pursue it. Feel free to speak to a member of our team on 02392 98 1000.