Wrongful Dismissal

If your employer decides to terminate your employment otherwise than in accordance with your employment contract, you may have a claim against your employer for Wrongful Dismissal. Wrongful Dismissal is essentially a claim against your employer for breaching the terms of your contract. Damages can be claimed for any loss you suffer as a result of such wrongful termination.

For example, if your contract specifies that you must be given one month’s notice before your contract can be lawfully terminated, if notwithstanding this, your employer decides to terminate your employment with immediate effect you will have a claim against your employer for Wrongful Dismissal. Your employer has acted in clear breach of the terms of your contract by failing to give you the month notice required in your agreement, and you would therefore be entitled to claim damages for your loss, which in this case would be the entitlement of one month’s salary (which under normal circumstances would otherwise have been payable to you).

Constructive Dismissal

Usually, if an employee resigns from their job, they will not be able to claim for Wrongful Dismissal. This is because it is the employee not the employer who has opted to terminate the contract. However, there are circumstances in which the conduct of an employer can be such as to entitle an employee to resign and claim Wrongful Dismissal. If the employer’s conduct is so serious as to amount to what is known as a ‘repudiatory breach’ of the employment contract, then the employee is entitled to treat the contract as at an end. The claim for Wrongful Dismissal can therefore be made on the basis that is was the employer’s actions which brought the contract to an end. Knowing what circumstances entitle you to claim that you have been constructively dismissed is not straightforward and will depend on the facts of your case. In order to be sure, we recommend that you speak to a specialist employment solicitor about your circumstances before you take any action.

If you have any concerns about matters at work and would like to speak to a solicitor about this, Contact Law can put you in touch with a specialist Employment Solicitor in your local area free of charge so please call us at 0800 1777 162 or complete the web-form above.

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