Wrongful dismissal is where an employer dismisses an employee in breach of the employee’s employment contract. The most common wrongful dismissal claims arise out of failure to provide the employee’s required notice period or notice pay.
If successful in claiming wrongful dismissal, the employee will be awarded damages to the value of their pay and other benefits that they should have been intitled, had they not been wrongfully dismissed.
If an employee is expecting to gain up to £25,000, they can claim for wrongful dismissal with the Employment Tribunal within 3 months (less 1 day) from the date the contract was terminated. This can be done by lodging the claim with ACAS. If the employee expects to gain more than £25,000, they will have to bring the claim to the courts. Employees have 6 years from the date the contract was terminated to bring their claim to the court.
For further information on this topic or on any other legal area, please contact John Szepietowski or Kay Stewart at Audley Chaucer Solicitors on 01372 303444 or email admin@audleychaucer.com or visit our Linkedin page.
John Szepietowski
This information was correct as at July 2022