Wrongful dismissal

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Practice notes
Coronavirus (COVID-19): All proceedings in employment tribunals in England, Wales and Scotland during the coronavirus (COVID-19) pandemic and until...
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9th Nov
Practice notes
Coronavirus (COVID-19): The Employment Rights Act 1996 (Coronavirus, Calculation of a Week’s Pay) Regulations 2020 (Week’s Pay Amendment Regs 2020),...
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9th Nov
Practice notes
Coronavirus (COVID-19): All proceedings in employment tribunals in England, Wales and Scotland during the coronavirus (COVID-19) pandemic and until...
Read More >
9th Nov
Precedents
[To be typed on headed notepaper of employer][Date]Dear [insert name of employee],Re: [insert name of employer] (the Company)Following our most recent...
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9th Nov
Practice notes
To succeed in a claim of unfair dismissal, the claimant must establish that they were dismissed by the employer. A contract of employment may...
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9th Nov
Precedents
[To be typed on headed notepaper of transferee][Strictly private and confidential][Address][Date]Dear [enter name(s) of relevant individual(s) at the...
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9th Nov
Precedents
[Insert date][Insert] Employment Tribunal[Insert address]To the [insert] Employment Tribunal[Insert name of case, eg X v Y]Claim Number: [insert claim...
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9th Nov
Practice notes
Coronavirus (COVID-19): All proceedings in employment tribunals in England, Wales and Scotland during the coronavirus (COVID-19) pandemic and until...
Read More >
9th Nov
Precedents
1Introductions of those present if necessary. Confirm who is taking notes and that copies of the meeting notes will be made available to the...
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9th Nov
Practice notes
For employees starting fresh employment on or after 6 April 2012, the right not to be unfairly dismissed generally only arises when the employee, by...
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9th Nov
Precedents
[Strictly private and confidential][Address][Date]Dear [enter name(s) of relevant individual(s) at the transferor],Proposed transfer of [enter...
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9th Nov
Precedents
[To be typed on employer’s headed notepaper][Enter name and address of employee][Enter date]by handDear [enter name]Garden leaveI refer to [[enter...
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9th Nov
Practice notes
All employees are under a duty of fidelity to their employer. The duty of fidelity is also known as the duty of good faith, or of loyalty.Fidelity is...
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9th Nov
Precedents
BREXIT IMPACT: The drafting and enforcement of the applicable law (governing law) and jurisdiction clause in this Precedent may be affected by Brexit....
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9th Nov
Practice notes
Coronavirus (COVID-19): The Employment Rights Act 1996 (Coronavirus, Calculation of a Week’s Pay) Regulations 2020 (Week’s Pay Amendment Regs 2020),...
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9th Nov
Practice notes
An employee is entitled to a statutory redundancy payment when:•he has been continuously employed for not less than two years•he has been dismissed,...
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9th Nov

Most recent Wrongful dismissal content

Practice notes
Contract claims in the employment tribunalUPDATE: On 26 September 2018 the Law Commission launched a Consultation paper on Employment Law Hearing...
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15th May
Practice notes
Accelerated receipt in wrongful dismissal claimsClaimants who bring successful wrongful dismissal claims, which result in an award of compensation,...
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15th May
Practice notes
Wrongful dismissal and mitigationAn employee who is wrongfully dismissed is under a duty to take reasonable steps to mitigate their loss: in other...
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15th May
Practice notes
Interest in wrongful dismissal claimsClaimants who bring successful wrongful dismissal claims, which result in an award of compensation, may receive...
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15th May
Practice notes
Wrongful dismissal compensationThis Practice Note examines the remedies (heads of claim) available in the case of dismissal in breach of an employment...
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15th May
Practice notes
Calculating pension loss in employment tribunal claimsPension loss will generally only arise in cases where an individual has lost their job and the...
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Produced in partnership with Keith Bryant QC of Outer Temple Chambers. 15th May
Practice notes
Valuing benefits in kind in wrongful dismissal claimsIf wrongfully dismissed, an employee is entitled to compensation for fringe benefits that they...
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15th May
Practice notes
Liquidated damages, repayment clauses and penaltiesThis Practice Note examines the issues that arise in relation to the use of liquidated damages...
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15th May
Practice notes
High Court and County Court employment claimsUPDATE: On 26 September 2018 the Law Commission launched a Consultation paper on Employment Law Hearing...
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15th May
Practice notes
Gross misconductGross misconduct is behaviour by an employee which is so bad that the employer cannot be expected to employ the employee any longer....
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15th May
Precedents
[Insert in para 6.1 of response form ET3:]Example 11It is admitted that on [insert date] the Respondent summarily dismissed the Claimant from his...
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27th Apr
Precedents
[Insert in para 8.2 of claim form ET1:]1[[Example 1:] The Claimant was employed by the Respondent as a [sales manager] under a contract of employment...
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27th Apr
Precedents
[insert date]Dear [insert name of employee],I am writing to [inform you of OR confirm] the company’s decision made after the disciplinary hearing held...
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27th Apr
Precedents
I, [insert employee’s name] of [insert address], acknowledge that I have today received from [insert employer’s name] of [insert address] the sum of...
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27th Apr
Q&As
An employer always retains the right to terminate an employee's contract of employment. However, the circumstances in which the dismissal occurs will...
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11th Feb
Q&As
In this situation the employer should ensure that the employee receives the same amount that he would receive if he were to bring a claim for damages...
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11th Feb
Q&As
Generally, the employee's claim for wrongful dismissal (breach of contract) is for unliquidated damages, to put the employee in the position they...
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11th Feb
Q&As
Once the offer of employment has been made and accepted by the employee, the contract of employment is formed. If the employer then changes its mind...
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5th Dec

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