Bringing A Wrongful Dismissal Claim
Whereas the right to claim unfair dismissal is a statutory right, wrongful dismissal is a contractual one as the right arises when the employer’s termination of the contract of employment amounts to a breach of contract (e.g. improper notice provided, breaches of the contractual disciplinary procedure)
Where wrongful dismissal has occurred, the employee has the option of either bringing a tribunal claim or issuing court proceedings (in tribunal claims there is a cap of £25,000.00 on damages which can be recovered, whereas in court actions there is no limit on the damages which can potentially be recovered). Where incorrect notice has been provided by the employer, damages would be for loss of earnings. It is commonplace for employers to make a payment in lieu of notice and many contracts of employment now provide for such arrangements.
As constructive dismissal emanates from a fundamental breach of contract, the employee has the option of bringing either an unfair dismissal claim or a claim for wrongful dismissal. The latter is known as ‘constructive wrongful dismissal’.
Whilst there is no scope for incorporating claims for psychiatric injury or injury to feelings into wrongful dismissal claims, it may be possible to incorporate ‘stigma damages’ where the employee has sustained damage to their reputation as a result of their dismissal which makes it more difficult for them to obtain alternative employment.
What To Do If You Have A Wrongful Dismissal Claim
Should you require advice on wrongful dismissal, then please do not hesitate to contact us. We can be contacted either by telephoning us on 0333 3010 700, or by completing the questionnaire on the right hand side of this page.
As a specialist employment law firm, you can rely upon us to provide you with quality advice from a leading employment law solicitor within the profession.
Please note that we offer a free initial consultation.
Should you have been offered a Settlement Agreement (which used to be known as Compromise Agreements) which you require independent advice on, then please call one of our employment law solicitors immediately on 0333 3010 700, or complete the questionnaire on the right hand side of this page. We will then arrange an appointment with you to go through the Settlement Agreement.
How To Contact Us
To contact The Employment Law Solicitors about an employment law problem, please either telephone us on 0333 3010 700 or complete the short questionnaire above. Simply click the 'Send Now' button to submit the questionnaire once you have completed it. Upon receipt, it will be assessed by a solicitor who will then contact you to discuss the matter. The solicitor appointed to contact you, will be a specialist in your type of employment law issue. The Employment Law Solicitors handle cases on behalf of clients throughout the country. Headquartered in Wilmslow (Cheshire), we also have offices in Manchester, Liverpool, Warrington (Cheshire), Chester (Cheshire), Birmingham, Leeds, Sheffield, Exeter, London, Nottingham, Bristol, Stoke-on-Trent, Preston, Knutsford (Cheshire), and Alderley Edge (Cheshire).
This initial consultation is completely free of charge.