What is a Wrongful Dismissal?
Wrongful Dismissal is a situation where an employee has been fired unfairly, unreasonably or without sufficient cause. What constitutes a Wrongful Dismissal in law may depend upon factors such as the size of the business, the nature of your contract and how long you have been employed. However, some reasons for dismissal may qualify as a Wrongful Dismissal regardless such factors. Wrongful Dismissal Entitlements The basis for most Wrongful Dismissal awards is to reimburse the employee for loss of earnings from a proper period of notice – this will obviously depend upon the nature of the employment and the length of service. However, some awards – for instance those related to violation of the employee’s Human Rights may exceed this. If you have a legitimate case for an Unfair Dismissal Claim, many businesses may choose to settle out of court rather than incur the significant legal costs of defending a case. As a claimant, if you go to court and lose, unless you can obtain Legal Aid or
Related Questions
- Why are wrongful dismissal claims sometimes brought in a court and sometimes in an employment tribunal and what are the relevant time limits?
- Can the employee sue the employer for wrongful dismissal as well as file a claim for termination pay and severance pay?
- Why are damages for wrongful dismissal claims sometimes so substantial and are bonuses included?
