WRONGFUL DISMISSAL

If you are dismissed in breach of your contract of employment, you may be able to claim for wrongful dismissal. Usually, this happens when someone is dismissed and is not given their proper contractual notice entitlement. Sometimes, a claim for wrongful dismissal can be made if an employee is dismissed in breach of a workplace procedure, such as a disciplinary procedure, that they are contractually entitled to.

Claims for wrongful dismissal can be made either to an Employment Tribunal (for damages of up to £25,000) or to the High Court or County Court for larger sums.

Unlike for most claims for unfair dismissal, there is no qualifying length of service required to make a claim for wrongful dismissal.

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Employment Tribunal Claims

5 Top Tips

1

Keep a copy of all relevant documents – your contract of employment, minutes of meetings, letters, etc.

2

Keep a diary of key events, meetings, conversations, etc.

3

Ask your employer for a copy of relevant documents (eg in your personnel file) under the Data Protection Act

4

Know your rights! – our Factsheets will help you with this.

5

Get professional advice quickly! Send your details to us as soon as you can to give us as much time as possible to look at your case and help you.