Wrongful dismissal

Wrongful dismissal

At common law an employee is wrongfully dismissed if their dismissal is in breach of the contract of employment. Normally this will mean dismissal without the notice due under that contract, but it could also cover a purported summary dismissal for cause by the employer (such as where there is an act or a series of breaches which, taken individually, would not amount to gross misconduct) where in fact the employee had not been guilty of gross misconduct.

Employees who do not qualify for unfair dismissal protection under the statutory (unfair dismissal) regime set out in Part X of the Employment Rights Act 1996 (ERA 1996) (ERA 1996, s 94) can bring a claim for wrongful dismissal in the civil courts if their dismissal is in breach of contract.

Employees who do qualify for statutory unfair dismissal protection may bring proceedings in both the employment tribunal and civil courts simultaneously, eg where a highly-paid employee brings both unfair dismissal proceedings in the tribunal, and a claim for damages for wrongful dismissal in the High Court.

For further information about unfair dismissal rights generally,

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