A claim for wrongful dismissal is essentially a claim for breach of contract, meaning that the dismissal breached the terms of the Employee’s contract of employment with the Employer. Usually wrongful dismissal claims will be for notice pay and perks that the employee was entitled to under the contract of employment.
The Employee can make their claim in either the civil Court or an Employment Tribunal and their claim will be for compensation for their entitlements under the contract if it had not been breached as they allege.
It is the Employer’s responsibility to ensure that a dismissal is both fair and in accordance with the contract of employment. DC Kaye & Co Solicitors provides advice to a wide range of Employers to protect their position when dismissing Employees. The specific facts of each case need to be considered and it is therefore advisable that you seek advice as soon as possible either before dismissing an employee or as soon after you are notified that a claim is being made against you as possible.
To arrange an appointment to discuss with our specialist lawyers please contact the Employment Department secretary Viki Summers.
Telephone: 01494 862226