A Wrongful Dismissal Claim is made when the employer dismisses an employee in a way that breaches the contract and causes loss to the employee. Unlike Unfair Dismissal, the employee is not restricted to having worked with the company for two years, nor can the employee resign. Claims for Wrongful Dismissal can be made in either the High Court or the Employment Tribunal and are not subject to capped damages. In Wrongful Dismissal, the employee must be dismissed in breach of contract. Common examples of Wrongful Dismissal are:
- Dismissing employees on a fixed term contract before they are due;
- Not abiding by the contractual period of notice before dismissal; and
- Dismissing employees in a way that breaches the contractual redundancy policy.
Wrongful Dismissal can also be a breach of statutory law. Your employer may give you a higher notice period than that granted by statutory law. However, it must never be lower. The statutory redundancy notice periods are:
- 1 week for those employed from 1 month to 2 years;
- 1 week notice for each year after 2 years of employment; and
- 12 weeks’ notice for those employed for 12 years or longer.
Therefore, if your employment contract said you were entitled to more than the statutory notice, you can claim a breach in contract even though it surpassed the statutory minimum.
What do i do next?
Contact us online or speak to one of our dedicated top wrongful dismissal lawyers on 0207 998 7777 for a free initial consultation. With our vast experience in the field, our employment law team will work with you to ensure this process runs as smooth as possible. All information you provide us with is treated with the utmost confidentiality.
We understand that these types of cases can be very difficult as they deal with people losing their livelihoods. At Bloomsbury Law, we will discuss your situation and give you expert advice on how to achieve the best possible outcome.
We will contact you no later than the next working day to arrange a meeting at our offices in London W1 to advise on the agreement.