Wrongful Dismissal | Introduction

Wrongful Dismissal should not be confused with Unfair Dismissal. Wrongful Dismissal is based on contract law. Any claim for Wrongful Dismissal will therefore require examining the employee's employment contract to determine whether the employer breached it.

 

The most common breach is when an employee is dismissed without notice, or when the notice given is too short. Obviously, either party can end the employment relationship if they give the necessary notice. This will either be the legal minimum or what is stated in the employee's contract.

 

However, the employer can justify dismissing the employee without notice (Summary Dismissal) if the employee commits a serious breach of the contract, for example, theft. The employer does not need proof of the theft; suspicion is enough. The employer can also rely on evidence discovered only after the dismissal.

 

Another example of wrongful dismissal is the employer's failure to follow a contractual disciplinary procedure.

 

Wrongful dismissal claims can be brought in the Employment Tribunal, County Court or High Court, depending on the value of the claim.