Discussing the ins and outs of wrongful dismissal.
: This article looks at the specific details surrounding wrongful dismissal, and what would need to be proven for a claim to be successful. There are disparities between wrongful dismissal and other forms of dismissal so it’s important to be aware of these.
: It is important for employers to always honour any rights that employees are entitled to. When an employer breaches an employee’s contract, for example, where they dismiss someone without notice, without giving them the full notice in their contract, or do not give them their statutory notice, this is classed as wrongful dismissal. Many employees recognise this and opt to make a wrongful dismissal claim. This article looks at the specific details surrounding wrongful dismissal, and what would need to be proven for a claim to be successful.
Criteria Amounting to Wrongful Dismissal
When employees wish to make a claim for this issue, they must be able to prove that the dismissal was done in a way that breached the particulars of their contract. Employees must also be able to establish a link between the breach of contract and them suffering a loss. For example, where they did not get paid due to the sudden wrongful dismissal and suffered a financial detriment. One of the main forms of wrongful dismissal is where an employer has not honoured an employee’s notice rights. The only time this is lawful is when summary dismissal takes place. Summary dismissal is where an employee has committed gross misconduct or has committed a serious breach of their contract. Wrongful differs from both summary and unfair dismissal as unfair dismissal is where an employer has fired an employee for a reason that falls out with the realm of a fair procedure or Section 98 of Employment Rights Act 1996.
An employee’s notice period is arguably the most important aspect of the form of dismissal. Where an employee has not been honoured their right to a notice period, it is wrongful dismissal. This is primarily because employees would receive salary/benefits they are entitled to during their notice period and not allowing them to this would cause a financial detriment. There is the possibility of utilising payment in lieu of notice which is where an employee is paid a sum of money which would equate to that of the payment they would have received if they worked their notice. Going down this route would mean that where an employer no longer wishes to have someone in their business due to x reason, they are still being lawful and not neglecting the employees’ rights.
If an employee suffers a loss due to the breach, then it is possible that a sum of money will be expected to be paid out. This can go all the way up to £25,000. The amount that an employee could expect to receive in a successful claim could also include any benefits or bonuses they otherwise would have gotten had they worked their notice legally. It is important for both employers and employees to be mindful of these obvious requirements when it comes to noticing periods. If an employer does not honour an employee’s notice period, they are at risk of a claim. However, it is also important that employees are aware of their right to their notice period to avoid being wrongfully dismissed.
If this issue is affecting you or the people around you, contact us today to see how we can help.