Can you please explain to me what wrongful dismissal means?
A few days ago I got fired from my job as an engineer without notice. But my work contract says that I must be given 4 weeks fully paid notice, before I can be dismissed.
I think I have a case for wrongful dismissal, but I would like to get a clear understanding of what wrong dismissal means so I can see whether I fit into it or not.
The Answer from Solicitors online
Wrongful dismissal explained
Wrongful dismissal takes place when you are dismissed in breach of your contract of employment, or contrary to a term of your contract. Wrongful dismissal can include the following :
• A dismissal with no notice or a notice period that is too short
• Failure by your employer to pay your salary in full during your notice period
• Any other breach of your contract that relates to your notice period
• Termination of your contract when you are on a fixed term contract with a specified end date and your contract is terminated before that date.
Wrongful dismissal and compensation
If you are a victim of a wrongful dismissal, you are entitled to be compensated for the loss you have been caused. This is normally the amount in salary that you lost between the date of your wrongful dismissal and the date when your contract should have come to an end if a proper notice period was given.
Wrongful dismissal claims at the Employment Tribunal, County Court and High Court
A wrongful dismissal claim is a claim for a breach of contract, which can be brought either at the Employment Tribunal or at the County Court or High Court.
A claim for wrongful dismissal at the Employment Tribunal must be made within 3 months of your dismissal. For claims at the County Court or High Court, your claim must be made within 6 years of your dismissal date.
Incase you miss the deadline for the Employment Tribunal, bringing a claim at the County Court or High Court is still an option. However you will need expert legal representation and the if you lose your legal case against your employer, you may have to pay your employers legal costs, unlike in the Employment Tribunal where in the vast majority of cases you will not have to pay your employers legal costs in the case that you loose.
If you make a claim for wrongful dismissal the maximum you can claim for at the Employment Tribunal is £25,000.00. While at the County Court it is £5,000.00. At High Court there is no limit on the amount you can claim for, when you are making a claim for wrongful dismissal.
If you do wish to make a claim at the Employment tribunal for unfair dismissal, you must make this claim within 3 months of your dismissal taking place.
If you need legal advice in regards to wrongful dismissal you can get legal advice online from one of our Solicitors online right now.