Can an employer dismiss an employee with less than a years service without following its disciplinary procedure?
What is the difference between wrongful dismissal and unfair dismissal? Wrongful dismissal and unfair dismissal are two entirely different concepts. A wrongful dismissal is a dismissal in breach of contract and the only relevant considerations for a court or tribunal hearing such a claim will be the contractual obligations of the employer. There is no length of service required for a breach of contract claim, which can be brought either to an ordinary court or, where the claim arises out of or is outstanding on termination of employment and its value does not exceed £25,000, to an employment tribunal. Wrongful dismissal occurs most commonly where an employer dismisses an employee without notice or with insufficient notice under his or her contract of employment. Damages awarded usually equate to the value of the employee’s pay and benefits during the period of notice that the employee would have been given, had the contract been terminated lawfully. The determination of whether a dismi
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