Wrongful Dismissal and Breach of Contract

What is Wrongful Dismissal?

A ‘wrongful dismissal’ is when an employer has breached an employee’s contract when dismissing the employee by not complying with the notice provision within the employment contract.

For example, dismissing an employee without allowing them to work their full notice period or paying them for the same. Usually an employer does not have to give notice pay or allow an employee to work their notice period if the employee has fairly been dismissed for gross misconduct or gross negligence.

Can anyone claim wrongful dismissal?

If an employee wants to make a claim for wrongful dismissal, it does not matter how long they’ve worked for their employer. Unlike unfair dismissal, employees do not need a minimum of two year’s service to be eligible to pursue a wrongful dismissal claim.

If your employer has breached your contract please contact Oakwood Solicitors as soon as possible to speak to one of our employment advisors.

More information on Employment Terms and Conditions and Breach of Contract can be found here.

Should I appeal?

If you believe your employer has breached your employment contract by failing to pay you notice pay, you should appeal against the decision as soon as possible.

Your employer should have advised you on how you can appeal the decision and what your deadline to appeal is.

Your Company Staff Handbook should also provide details on the internal appeals process.

If you need advice on drafting an appeal, please contact Oakwood Solicitors as soon as possible so we can put you in touch with one of our employment advisors.

Pursuing your claim in the Employment Tribunal.

Generally an employee must start ACAS Early Conciliation within three months less a day from the incident or decision that they wish to complain to their employer about, even if the appeal process is still ongoing.

If an employee does not start ACAS Early Conciliation within that time period then they may be prevented from bringing a claim against their employer before an Employment Tribunal. It is important that you seek legal advice as soon as you are able to ensure that you do not inadvertently pass the time frame in which you have to bring a claim before an Employment Tribunal.

Please contact Oakwood Solicitors as soon as possible so that we can assist you to act in the relevant time limit.

WHAT TO DO NEXT

Why not get in touch today to speak to one of our employment advisors? We do not charge for an initial enquiry.  Choose one of the methods on the right-hand side of this page, or call us on 0113 200 9787 to find out how we can help you.