Wrongful dismissal

 

What is wrongful dismissal?

Wrongful dismissal is essentially a valid claim against your employer for breaching the terms of your contract. Damages can be claimed for any loss you suffer as a result of such wrongful termination.

So, if your employer decides to terminate your employment without following the rules of your employment contract, you may have a claim against your employer for wrongful dismissal.

For example, your contract might specify that you must be given one month’s notice before your contract can be lawfully terminated. If your employer ignores this and decides to terminate your employment with immediate effect, you will have a claim against your employer for wrongful dismissal.

Your employer has acted in clear breach of the terms of your contract by failing to give you the notice required in your agreement, and you would therefore be entitled to claim damages for your loss, which in this case would be the entitlement of one month’s salary (which under normal circumstances would otherwise have been payable to you).

Can this work with constructive dismissal?

Usually, if an employee resigns from their job, they will not be able to claim for wrongful dismissal.

This is because it is the employee not the employer who has opted to terminate the contract. However, there are circumstances in which the conduct of an employer can be such as to entitle an employee to resign and claim wrongful dismissal.

If the employer’s conduct is as serious as to amount to what is known as a ‘repudiatory breach’ of the employment contract, then the employee is entitled to treat the contract as at an end.

The claim for wrongful dismissal can therefore be made on the basis that it was the employer’s actions which brought the contract to an end.

Knowing what circumstances entitle you to claim that you have been constructively dismissed is not straightforward and will depend on the facts of your case.

In order to be sure, we recommend that you speak to a specialist employment solicitor about your circumstances before you take any action.

If you are concerned that you have been wrongfully dismissed from your employment and would like to speak to a solicitor, Contact Law can put you in touch with a specialist employment solicitor free of charge. Please call us on 0800 1777 162 or complete the web-form above.

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