Wrongful dismissal

Wrongful dismissal occurs when an employer has not fulfilled their contractual obligations with regard to dismissal. It often arises because the employer has failed to give proper notice.

Employees may claim damages if they can demonstrate that they have suffered a loss due to breach of contract.

There is no qualifying length of service necessary to bring such a claim, but compensation for wrongful dismissal usually only covers pay for the notice period. 

The only likely circumstance where an employee will raise a claim for wrongful dismissal is where they have accrued less than one year’s continuous service.

Useful external links:

• Business Link

Reviewed and updated by the HR Services Partnership – April 2010.

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