Wrongful Dismissal
Wrongful dismissal is the common law contractual claim for breach of contract.
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An employer who dismisses an employee without notice will be held to be in breach of contract, unless it can demonstrate that the employee has committed a fundamental breach of contract (i.e. an act of gross misconduct).
Following a full and fair procedure is therefore advisable when trying to prove that the employee has committed a fundamental breach.
We are happy to provide advice in relation to the avoidance of wrongful dismissal claims as well as advice in respect of breaches that have already occurred and the likely consequences.
Frequently Asked Questions about Employment Law
What constitutes wrongful dismissal?
Wrongful dismissal occurs when an employee’s contract is terminated by the employer in a manner that breaches one or more terms of the contract of employment.
What are the common grounds for dismissal that can lead to wrongful dismissal claims?
Common grounds for dismissal include misconduct, capability, redundancy, breach of statutory restriction, and some other substantial reason. However, if these grounds are not handled according to the relevant legislation and the terms of the employment contract, they could lead to wrongful dismissal claims.
What rights does an employee have in a wrongful dismissal case?
If dismissed wrongfully, an employee has the right to make a claim for compensation. The amount awarded will typically reflect the salary and benefits that the employee would have received during the contractual notice period.
How does an employment contract factor into a wrongful dismissal claim?
The terms of the employment contract are central to a wrongful dismissal claim. If the employer has breached any of these terms in dismissing the employee, it may constitute wrongful dismissal.
What are the potential legal fees involved in dealing with a wrongful dismissal claim?
Legal fees can vary greatly depending on the complexity of the case and the length of time it takes to resolve. It’s advisable to seek an estimate from your solicitor at the outset.
Can a settlement be reached in a wrongful dismissal case?
Yes, many wrongful dismissal cases are settled out of court. This can often be a quicker and less costly solution than going to court.
Contact the Franklins Employment Law team
If you have any questions about employment law, please don’t hesitate to contact our team of experts who are on hand and ready to help you.
