11d Wrongful Dismissal Flashcards
What is wrongful dismissal?
This is dismissal in a way that breaches their employment contract which will normally be brought to County or High Court depending on value of losses and damages to be the remedy.
What is the difference between wrongful and unfair dismissal?
Unfair dismissal is breach of a legal right to not be dismissed unfairly whereas wrongful dismissal is a breach of the employment contract.
Unfair dismissal is brought to the employment tribunal whereas wrongful dismissal is brought to country/high court.
Remedy for unfair dismissal is reinstatement, re-engagement or compensation whereas wrong dismissal is damages.
When can a claim for unfair dismissal be brought compared to wrongful dismissal?
3 months from termination compared to 6 years from the breach.
What can an employee do should they want to claim for unfair dismissal but haven’t been in continuous service for 2 years?
Claim for wrongful dismissal instead.
What is summary dismissal?
Dismissal without required notice period and will be held as wrongful unless it’s due to a breach by the employee or the employee accepted shorter notice.
Give examples of serious breaches of contract of employment.
- Wilful disobedience of a lawful order.
- Gross misconduct.
- Dishonesty where the employee was in a position of trust.
- Gross or persistent negligence.
- Breach of express term.
Whether or not summary dismissal is justified is a questions of facts based on what?
- Standards of ordinary people.
- Standards prevailing at the time.
How would you normally calculate the damages for wrongful dismissal?
Wages that would have been earned if they had given the correct notice period.
