Wrongful Dismissal Solicitors: 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). As specialist wrongful dismissal solicitors, we can assist you in bringing a claim for wrongful dismissal.
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.
Wrongful Dismissal Solicitors: What To Do If You Have A 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 threatened with dismissal or been dismissed, and 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 wrongful dismissal solicitors immediately on 0333 3010 700, or complete the questionnaire on the right hand side of this page. Our wrongful dismissal solicitors will then arrange an appointment with you to go through the Settlement Agreement.