Wrongful dismissal is a dismissal in Breach of Contract.
Fairness is not an issue; the sole question is whether the terms of the contract, which can be express or implied, have been breached. The employee will have a claim in damages if the employer in dismissing them breached the contract, therefore, causing the employee loss.
Example of Wrongful Dismissal
Wrongful dismissal occurs where an employee has, 3 months notice in the contract or was told verbally or in an offer letter that they would be entitled to 3 months notice and the employer then dismisses either on no notice or on less notice than previously agreed. The employee can claim damages for the remainder of the notice.
A claim for wrongful dismissal may be brought in the Civil Courts or in the Employment Tribunal. Wrongful dismissal damages are limited to the notice period and/or the period of time it would have taken to complete a relevant contractual procedure.
If the employer wrongfully dismisses the employee, the employer will be liable to pay damages to put the employee in a position they would have been had the contract been terminated correctly, therefore damages will reflect the net value of salary and other contractual benefits to which the employee would have been entitled, had they been allowed to work their notice. The damages recoverable in a Tribunal for wrongful dismissal is limited to a statutory maximum of £25,000 but there is no such limit in Civil Courts.
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