What is Wrongful dismissal?

Robert Rocker

20 November 2017

What is wrongful dismissal?

Wrongful dismissal is essentially a breach of contract claim against your employer.

It is when an employer has acted in breach of its contractual obligations to its employee, for example not giving the right notice in accordance with the entitlement set out in the contract of employment, the employer then becomes liable to pay any damages for wrongful dismissal, which will reflect all losses the employee has sustained flowing from the employer’s breach.

Expert employment solicitor Robert Rocker explains and answers some questions on wrongful dismissal and the different with unfair dismissal.

Transcript:

Hello' my name's Mark Ferron MD of Castle Associates and I speak to employment law experts up and down the country putting to them questions that you want to know about. And in this short video, I speak to Employment Law Solicitor Robert Rocker and asked him what is wrongful dismissal?

Wrongful dismissal arises when an employee is dismissed in breach of contract, so the employer doesn't give due notice or doesn't comply with its own disciplinary procedures. What is the difference between wrongful dismissal and unfair dismissal?

The main difference between unfair dismissal and wrongful dismissal is that you need a 2-year Employment Service period for unfair dismissal, there's no such requirement for a wrongful dismissal claim.

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