What is wrongful dismissal?
Wrongful dismissal, also known as wrongful termination, occurs when an employee’s contract of employment is terminated by the employer in breach of the contract’s terms. In the UK, employment law provides a framework to protect employees from unfair treatment, ensuring that dismissals are carried out fairly and legally. This article explores the concept of wrongful dismissal, the legal framework, and the remedies available to employees in the UK.
Understanding Wrongful Dismissal
Wrongful dismissal differs from unfair dismissal in that it focuses on the breach of contract rather than the fairness of the dismissal process. An employee can claim wrongful dismissal if they believe their employer has terminated their employment in a way that violates the terms of their contract.
Common grounds for wrongful dismissal include:
- Lack of Notice: Most employment contracts stipulate a notice period that must be given before termination. Failing to provide the required notice constitutes wrongful dismissal.
- Contractual Breach: Dismissing an employee in a manner that breaches specific terms of their contract, such as not following a contractual disciplinary procedure, can lead to a claim of wrongful dismissal.
- Immediate Dismissal Without Just Cause: If you were dismissed without due process or reasonable cause, it is likely a wrongful dismissal.
Legal Framework
The Employment Rights Act 1996 is a key piece of legislation governing wrongful dismissal in the UK. It outlines the rights and obligations of both employers and employees regarding employment contracts and termination.
Notice Periods
The Act mandates minimum notice periods based on the length of service:
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- One week for employees with one month to two years of service.
- One week for each year of service for employees with two to twelve years of service.
- Twelve weeks for employees with over twelve years of service.
If your employment contract specifies a different notice period, then you are entitled to receive notice which is greater. If your employer has failed to pay you your notice period, or has failed to give you requisite notice, you may be able to bring a claim for wrongful dismissal.
Summary Dismissal
An employer can dismiss an employee without notice if the employee has committed gross misconduct. However, the definition of gross misconduct must be clear and supported by the evidence. The employer must also follow a correct process.
Contractual Provisions
Employers must adhere to the terms specified in the employment contract, including any procedures for disciplinary action and dismissal.
Making a Claim for Wrongful Dismissal
Employees who believe they have been wrongfully dismissed can take several steps to seek redress:
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Internal Grievance Procedure: Many employers have internal procedures for resolving disputes. Employees should attempt to resolve the issue through these channels before pursuing legal action.
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Employment Tribunal: If internal procedures do not yield a satisfactory outcome, employees can file a claim with an Employment Tribunal. The tribunal will assess whether the dismissal breached the employment contract and determine the appropriate remedy.
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Court Action: In some cases, particularly where significant financial compensation is sought, employees may take their claim to a civil court.
Remedies for Wrongful Dismissal
Successful claims for wrongful dismissal can result in various remedies:
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Damages: Employees can be awarded damages equivalent to the pay and benefits they would have received during the notice period or for the duration of the breach.
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Injunctions: In rare cases, a court may issue an injunction to prevent the dismissal or require the employer to reinstate the employee.
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Reinstatement or Re-engagement: Employment Tribunals can order the employer to reinstate the employee in their former position or re-engage them in a comparable role.
How we can help you
Our legal experts have a deep understanding of the UK’s legal framework governing wrongful dismissal, including the Employment Rights Act 1996. We can help you navigate the complexities of your case and ensure your rights are protected.
Don’t let wrongful dismissal go unchallenged. Contact us today for a free consultation and take the first step towards securing your rights and compensation.
