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What is Wrongful Dismissal ?
Wrongful Dismissal is where an employee has been dismissed without notice or an employee has not been given the right amount of notice, or the employment is terminated contrary to the contract. Wrongful Dismissal is based upon the actual contract between the employer and the employee and so breaches of that contract by the employer could give the employee the right to sue for Wrongful Dismissal.
There is no requirement to have been employed for at least one year in order to bring a claim.
The more senior an employee, the better their contract terms are likely to be.
Therefore a senior employee may be better off bringing a claim for Wrongful Dismissal, rather than Unfair Dismissal where maximum levels may be set on the compensation payable.
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