Employment Law Solicitors, Manchester, UK. Wrongful Dismissal Claims

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Employment Law Solicitors - Wrongful Dismissal Claims
 

 

Employment Law Solicitors - Wrongful Dismissal Claims

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

 
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