Claiming wrongful dismissal

It is unlawful for an employee to be dismissed by his / her employer without the employer giving proper notice of termination. An employee can therefore claim for wrongful dismissal in a number of circumstances. These include where the employer

terminated the employment without giving the requisite notice, where the employment was terminated before the fixed-term period of the contract expired, and, where the dismissal was without pay in lieu of notice.

Wrongful dismissal can also be claimed where the employee has resigned because of a serious breach of contract by the employer. It is not aways clear whether particular action constitutes a serious breach of contract and therefore it is always advisable that legal advice is sought at an early stage.

An employee may be taken to have waived the employers breach by his own conduct for example by continuing in the employment too long after the breach and this is an important aspect that would require consideration at the outset.

Where the employee has committed a serious breach of contract then this would of course entitle the employer to terminate the contract. For example where the employee has committed theft against the employer this would constitute a serious breach.

Any claim for wrongful dismissal may be brought at the local employment tribunal or in the County / High Court. Claims for £50,000.00 or less should generally be made in the County Court. Claims for a sum in excess of £50,000.00 can be brought in the High Court.

Any claim brought before the employment tribunal must be made within 3 months of the date of termination. Claims brought in the County / High Court must be made within 6 years of the date of the breach. These time limits must be adhered to strictly as late claims will only be accepted in exceptional circumstances.

For advice on all your legal matters please contact either myself or Ibrar Hussain on 01254 672222 to arrange an appointment.