Wrongful dismissal is a commonly misunderstood term. It is actually a claim for breach of contract and commonly arises when your contract of employment is terminated without providing sufficient notice or without making a payment in lieu of notice. You do not need 2 years’ service to make a claim. If you believe you have been wrongfully dismissed, speak to our expert team for advice.
All employees with more than 1 month’s service are entitled to a minimum notice period. The Employment Rights Act set outs minimum statutory notice periods, however, there is also usually a clause in the contract of employment that says how much notice the employer must give if it wishes to terminate the contract. Often the period of contractual notice is longer than statutory notice.
Where the employer fails to provide the minimum statutory and/or contractual notice, compensation can be claimed.
Compensation may also be claimed where a fixed term contract is ended before the term has expired and without sufficient notice.
An employee can claim compensation for what they would have received, had the correct notice period been given. This will normally include basic salary that would have been earned over the notice period, but can also include other benefits, allowances or bonuses that would have been due, if the notice period had been worked.
However, the precise nature of the claim depends on the wording of the contract.
It is important to note that if the value of your notice period is more than £25,000, you may need to pursue your claim in a County Court, instead of an Employment Tribunal. Our solicitors can advise you on the value of your claim.
Often, notice clauses in the employment contract say that the employer reserves the right to make a payment in lieu of the notice period. This is lawful and may mean that a claim is limited to basic pay only for the period in question.
One of the only exceptions to the requirement for the employer to pay or provide for a notice period is if the employee has committed gross misconduct. Gross misconduct involves deliberate wrongdoing or gross negligence, that goes to the heart of the employment contract.
If you are bound by restrictive covenants but the employer wrongfully dismisses you, it may render the covenants unenforceable.
Our team of expert employment solicitors can help with any of the following:
Our team has particular expertise in helping senior executives, directors and professionals pursue wrongful dismissal claims through the High or Country Court.
Our Employment Rights team has a longstanding reputation for helping clients with a variety of employment law claims, including discrimination.
We understand that your circumstances are unique, and that’s why we’re careful to listen to your situation and provide the best possible solutions to support you.
As a Yorkshire-based firm, you can benefit from our competitive rates. We believe in representing people, not large organisations, which is why we aim to provide expert advice, personable service, and excellent value for money.
All our services can be provided at your convenience either in-person, over the phone or by email or post. So, it doesn’t matter where you live, we’ll always be here to support you.
Want more information? Contact a member of our team today.
Clear and honest communication and available to speak with when required. A very professional service.
Employment Rights Client, January 2022
The service we received was exceptional, we were kept in formed at every step. The whole experience was dealt with in a very professional manner.
Employment Rights Client, January 2022
The service we received was exceptional, we were kept in formed at every step. The whole experience was dealt with in a very professional manner.
Employment Rights Client, January 2022.
