Wrongful Dismissal is different from constructive dismissal. Since statute brought in rights of unfair dismissal employment solicitors have seen many fewer cases for wrongful dismissal. This is because a claim for wrongful dismissal is a claim for breach of the employment contract. Simply, read the employment contract and see if the employer has broken any of the terms - the most common wrongful dismissal claim employment solicitors see is a claim for dismissal without notice, which may be worth bringing if the notice period is sufficiently long. If you have a short notice period then consider whether you would be better bringing a claim for constructive dismissal or unfair dismissal.
The amount due would be the amount of money that would have been paid had the contract not been breached. The notice will be for the notice period in the contract or the minimum statutory notice period.
Statutory notice periods are as follows
- Over one months - one week notice
- 2 year's employment - two weeks
- 3 year's employment - three weeks
- Every extra year - one weeks further notice up to 12 weeks maximum cap.
Sometimes, the Employment Tribunal will give more notice than the statutory minimum, but they rarely exercise this discretion.
Wrongful Dismissal - Compensation
The damages will include any owed wages and other contractual entitlements, such as pension and health benefits, but not salary increases or discretionary bonus. If the person is also bringing an unfair dismissal claim then he or she cannot receive double compensation, i.e., you cannot receive the same money for each claim, if you receive damages under one claim then the same portion of damages in the other claim is cancelled.
If an employee has been summarily dismissed e.g. for gross misconduct, then the employer may have a valid reason to justify dismissing them without notice.