Wrongful Dismissal
Claims

Bringing A 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.

Settlement Agreement Specialists

Please note that we no longer handle wrongful dismissal cases or any type of employment tribunal matter. We are settlement agreement specialialists, who handle settlement agreements on behalf of both employers and employees. We also handle non-contentious employment law matters.