Wrongful dismissal may arise when an employer dismisses an employee without paying the correct period of notice and it is a breach of contract claim. It is not to be confused with Unfair Dismissal, which is a statutory claim.
A wrongful dismissal claim can arise if one of the parties to a contract has unilaterally breached the terms in some way. The breach could be in relating to any issue in the contract and the remedy to which a party may be entitled will depend upon the seriousness of the breach and what steps the party not in breach has taken in response.
There is no length of service and employment period required for a breach of contract claim. It can be brought either to the county court or High Court or, where the claim arises out of or is outstanding on termination of employment and its value does not exceed £25,000, to an employment tribunal. Constructive Dismissal Constructive Dismissal is one of the complex claims to bring. It is a breach of contract claim, and also it can involve issues of unfairness, so straddles both unfair dismissal and wrongful dismissal.
If an employer takes some action or step that fundamentally breaches the terms of the contract of employment that it makes it impossible for the employee to continue working, the employee can bring a claim for constructive dismissal. The employee would argue that the employer’s actions had the effect of dismissing, and then s/he has to notify the employer that he/she is treating the contract as discharged and then claims for damages for the notice period, which is the remedy for breach of contract.
If the employee is eligible to apply, compensation would be considered for being unfairly treated. You should always seek expert legal advice before claiming constructive dismissal and Solidum Solicitors are happy to help. Redundancy Redundancy is when an employee is dismissed because the employer’s circumstances. In this respect the employer cannot:
- carry out the business that the employee is employed for; or
- carry out business in the place where they are employed Employees who are made redundant have rights to:
- be entitled to redundancy pay;
- be offered alternative employment;
- reasonable time off to look for a new job or arrange training; and
- be fairly selected for redundancy Redundancy can be a stressful ordeal to go through, and it is essential that you enter the redundancy process with confidence and obtain legal advice ensuring that it is being conducted in a proper and fair manner.
Solidum Solicitors advise employees to preserve their jobs on employment rights in a redundancy situation, considering whether a proper procedure is being followed, including adequate consultation, fair redundancy selection, and provision of opportunities for suitable alternative work.
We also advise on compensation available on redundancy matter, considering your individual circumstances so as to negotiate a better termination package.
- We provide independent legal advice on compromise agreements as a means of offering a binding severance deal.