Wrongful Dismissal Law

If your employer dismisses you for breach of employment contract this could bring about a Wrongful Dismissal claim.

Unlike unfair dismissal there is no minimum qualifying period necessary in order to bring forward a wrongful dismissal claim.

What is Wrongful Dismissal?

Common examples of a wrongful dismissal case includes:

  • Your employer giving you no or inadequate notice of your dismissal and it is not a case of gross misconduct
  • Your employer terminates your fixed term contract before it's expiry date
  • The dismissal you receive is in breach of the company's employment contract disciplinary procedures
  • The dismissal is in breach of contractual redundancy procedures.

A wrongful dismissal claim is usually limited to either the contractual or statutory notice period that you are entitled to. The notice period is normally set out in the Contract of Employment.

No 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:

  • Working for less than a month - no notice
  • Working for more than one month up to 2 years - 1 week
  • Working for two years - 2 weeks
  • For each year after two years add one additional week up to a maximum of 12

If you feel that you have a case and would like to make a claim against your employer for Wrongful Dismissal contact us today for advice and assistance in bringing your claim forward.

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