Wrongful Dismissal & Breach of Contract

Wrongful dismissal arises when an employer dismisses an employee in breach of his/her contract. Unlike unfair dismissal there is no minimum qualifying period necessary in order to bring a claim for wrongful dismissal.
 
Common examples of wrongful dismissal are:

• No notice or inadequate notice is given and it is not a case of gross misconduct      
  entitling dismissal without notice
• Termination of a fixed term contract before it's expiry date
• Dismissal in breach of contractual disciplinary procedures
• Dismissal in breach of contractual redundancy procedures

A wrongful dismissal claim is usually limited to either the contractual or statutory notice period the employee is entitled to. The notice period is normally set out in the Contract of Employment. If there is no Contract of Employment, if the Contract is silent on the point, or if the notice in the contract is less than that imposed by Law (see below), then the following statutory minimum notice periods apply:

Wrongful Dismissal - Working for less than a month - no notice

Wrongful Dismissal - Working for more than one month up to 2 years - 1 week

Wrongful Dismissal - Working for two years - 2 weeks

Wrongful Dismissal - For each year after two years- Add one additional week up to a maximum of 12

If an employee believes he/she has a claim for wrongful dismissal he/she can submit a claim in the Employment Tribunal within 3 months minus one day of the dismissal date.

For further information on this and any other employment issue please use our enquiry form