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Wrongfully dismissed during probation, what can you claim?

Robert Rooker

09 January 2018

How much can someone claim for wrongful dismissal?

There is not a fixed amount of damages in which you can claim for wrongful dismissal. It all depends on the individuals pay and any other benefits they might have received had their employer not breached the contract. For example the use of a company car, any bonus payments the individual might have missed out on, although claims for bonuses can be difficult to prove, especially if they’re discretionary in nature.

It’s also important to understand if the individual finds a new job and starts working within the notice period the new salary will be taken into account when calculating the loss.

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

Hello, everybody, my name's Mark Ferron from Castle Associates and I speak to employment law experts across the country and in this short video I speak to employment law solicitor Robert Rocker and he answers questions on wrongful dismissal.

Can an employee claim wrongful dismissal if they haven’t been employed for two years?

A person can claim for wrongful dismissal even though they've not been employed for two years, in fact, that's the only basis on which they can make such a claim.

Can an employee claim wrongful dismissal during a probation period?

Yes, you can claim wrongful dismissal if you are dismissed during the probation period again the criteria is that the dismissal was wrong because the employer did not comply with the contract of employment or was in breach in its own disciplinary procedures.

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