Wrongful dismissal, what are the rules?

Robert Rooker

09 January 2018

What are the rules for wrongful dismissal?

Employees should make a claim for wrongful dismissal in the Employment Tribunal within 3 months from the date of termination of their employment. One of the important differences between unfair dismissal and wrongful dismissal no required length of service for wrongful dismissal as it is a breach of contract claim.
Damages awarded from a wrongful dismissal claim are capped at £25,000 and the employee can only be compensated for the net loss suffered as a result of the wrongful dismissal. The damages recoverable can also include other benefits that would have been earned or accrued during the contractual notice period which include bonuses, pension entitlement or private health cover.

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

Hello, my name's Mark so an MD of Castle Associates and I talk to employment law experts across the country putting questions to them that you want to know about and in this short video I speak to employment law solicitor Robert rocker and ask him about wrongful dismissal.

Can an employee claim both wrongful dismissal and unfair dismissal at an employment tribunal?

It is possible to claim for both unfair dismissal and wrongful dismissal and you generally claim wrongful dismissal in the alternative so you claim mainly for unfair dismissal but as an alternative claim, you'll say that your dismissal was also wrongful.

Would an employee take an employer to an employment tribunal for wrongful dismissal?

An employee would take an employer to a tribunal for wrongful dismissal yes.

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