Wrongful Dismissal / Breach of Contract
What is it?Wrongful dismissal is a breach of contract claim. It may arise when an employer dismisses an employee without paying the correct period of notice. It is not to be confused with Unfair Dismissal, which is a statutory claim.
A breach of contract claim can arise if one of the parties to a contract has unilaterally breached the terms in some way. The breach could be in respect of any issue in the contract and the remedy to which a party may be entitled will depend upon the seriousness of the breach and what steps the party not in breach has taken in response.
Can I claim it?
Because it is a breach of contract claim, anyone whose contract of employment has been breached can make a claim for wrongful dismissal.
How much can I get?
Claims for wrongful dismissal are limited to your losses incurred as a result of the breach; normally being the length of your notice period, so will include base salary and contractual benefits during that time. The claim could be brought either in the Employment Tribunal (if the claim is for less than £25,000) or a County/High Court.
The amount of compensation that you might recover for any other breach of contract will depend on many issues and requires specialist advice.
We would be very happy to advise you on any issues arising from either wrongful dismissal or breach of contract. Please call us on 0207 464 8433