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Employment law
Wrongful dismissal or unfair dismissal?
Unfair dismissal provides statutory protection for employees. Wrongful dismissal,
however, is a common law concept that gives employees the normal protection and
remedies afforded by the common law, such as an action for breach of the
employment contract.
Cases are commonly brought in the County or High Court but an Employment
Tribunal will have jurisdiction if the claimant is an employee (claim must be made
within 3 months of dismissal and it must be for £25,000 or less).
In certain cases a claim for damages for wrongful dismissal might be preferable to a
claim for compensation for unfair dismissal.
Illustration 7 – Wrongful dismissal
Examples of when wrongful dismissal claim might be preferable to a claim for
unfair dismissal:
Where the damages sought exceed the statutory maximum for unfair
dismissal.
Where the deadline for commencing an unfair dismissal claim has passed.
(An unfair dismissal claim must be brought within three months of the
effective date of termination; a wrongful dismissal claim can be brought
within six years of the breach).
Where the dismissal was fair, but insufficient notice was given.
Where the employee lacks two years’ continuous service.
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