The Employment Law Solicitors:

Wrongful Dismissal Claims

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 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.

The Employment Law Solicitors, the brand, is part of Antrobus Solicitors, a firm regulated by the Solicitors Regulation Authority. Details of the professional rules which regulate solicitors can be found at the following website address: http://www.rules.sra.org.uk

Associated Websites:

Areas Where We Have A Centre Local To You

Carlisle (wrongful dismissal solicitors here), Worcester, Durham (wrongful dismissal solicitors here), Lincoln, Hereford (wrongful dismissal solicitors here), Canterbury (wrongful dismissal solicitors here), Litchfield, Ripon (wrongful dismissal solicitors here), Bangor (wrongful dismissal solicitors here), Wells, St. David's, Luton (wrongful dismissal claims specialist solicitor here), Bedford, Bedfordshire, Berkshire, Buckinghamshire, Cambridgeshire, Cumbria, Derbyshire, Dorset, Essex, Gloucestershire, Hampshire, Herefordshire, Kent, Leicestershire, Lincolnshire, Middlesex, Norfolk, Northamptonshire, Oxfordshire, Shropshire, Somerset, Suffolk, Sussex, Warwickshire, Wiltshire, Worcestershire, Reading, Newbury, Anglesey, Gwent, Clwyd, Gwynedd, Dyfed, Powys, Bath, Brighton, Cambridge, Oxford (wrongful dismissal solicitors here), Plymouth, Southampton, Stratford, York, Glamorgan, Cheltenham, Bradford, Wakefield, Coventry, Leicester, Sunderland, Hull (wrongful dismissal solicitors here), Wolverhampton (wrongful dismissal solicitors here), Swansea, Salford, Ipswich (wrongful dismissal solicitors here), Portsmouth (wrongful dismissal solicitors here), Peterborough, Lancaster, Newport, Preston, St. Albans, Norwich, Chester, Salisbury, Exeter, Gloucester, Chichester, Winchester (wrongful dismissal solicitors here), Cleveland, Tyne and Wear, Northumbria, Wrexham, Cardiff, Manchester (wrongful dismissal solicitors here), Liverpool, London (wrongful dismissal solicitors here), Birmingham (wrongful dismissal solicitors here), Derby (wrongful dismissal solicitors here), Bradford, Cheshire, Lancashire, Yorkshire, Newcastle, Birmingham, Devon, Cornwall, Sheffield (wrongful dismissal solicitors here), Staffordshire, Leeds (wrongful dismissal solicitors here), Nottingham, Bristol (wrongful dismissal solicitors here), Stoke (wrongful dismissal solicitors here).

We can also do home visits. Please see a list of areas in which we conduct home visits on our local contact points page

Local Centres Where We Can Offer Appointments Out Of Hours

At the following Local Centres, we can also offer appointments outside the normal office hours of 9am - 5pm:-

Manchester Business Park, Manchester
Exchange Quay, Manchester
King Street, Manchester
Exchange Flags, Liverpool
Cheadle Royal Business Park, Cheadle, Cheshire
Chester Business Park, Chester, Cheshire
Crab Lane, Warrington, Cheshire
City West, Bradford
Fenton, Stoke-on-Trent
The Pavilions, Preston, Lancashire
Thorpe Park Business Park, Colton, Yorkshire

Newcastle Quayside, Newcastle
Victoria Square, Birmingham
Exeter Business Park, Exeter, Devon
Cambourne, Cornwall
Hammersmith Road, London
Eccleshall Road, Sheffield
Princes Exchange, Leeds
Dumfries Place, Cardiff
Aztec West, Temple Quay, Bristol
Pegasus Business Park, Nottingham
Watling Court, Cannock, Staffordshire

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