Dismissal from employment can sometimes be classed as ‘wrongful’ or ‘unfair’. In this post I will be looking at Wrongful Dismissal, how it occurs, and what you as an employee can do about it.
Wrongful dismissal can take placewhen an employer fails to give you your contractual rights which you are entitled to (for example the right to a notice period which has been previously discussed).
An employer can avoid this breach of contract by paying the employee compensation instead of providing a notice of dismissal period, which is known as pay in lieu of notice.
An employee can claim for breach of contract for the following occurrences:
- A notice period has not been given
- If pay in lieu of notice has not been paid
- If the correct pay in lieu of notice has not been paid
Always check your section 1 statement for the terms of your contract, as it should outline whether your employer offers pay in lieu of notice, and whether a notice period has been set by the employer. If there isn’t a set notice period, your employer would have to follow the minimum legal requirement.
You can take your claim for breach of contract to the Employment Tribunal, and if successful you could receive compensation for breach of contract; however it is always best to seek legal advice prior to doing so. It is also important to note that a claim to the Employment Tribunal would have to be brought within 3 months from the date you were dismissed.
For further info you can check out: http://www.adviceguide.org.uk/index/your_money/employment_index_ew/dismissal.htm#What_is_wrongful_dismissal
Part 3 will be looking at Unfair dismissal