Wrongful Dismissal

What is wrongful dismissal?

Wrongful dismissal is a contractual claim arising when an employer terminates an employment contract contrary to the terms of the contract, for example by failing to give proper notice or breaching other contractual terms, for example by failing to follow the contractual disciplinary procedure.

How long does an employee have to present a claim for wrongful dismissal?

Generally, an employee must present a claim for wrongful dismissal within three months less a day of the termination date at an Employment Tribunal. It is also possible to present a claim at the High Court or County Court. The limitation for presenting a claim in a County Court is 6 years.

Are there any limits to which an Employment Tribunal will compensate an employee for a wrongful dismissal claim?

An Employment Tribunal has the ability to award up to a maximum of £25,000 for a breach of contract claim in the Employment Tribunal. This limit does not apply in the High Court or County Court.

How can an employee fund a wrongful dismissal claim?

We offer various funding options for wrongful dismissal claims. If you pay us privately for the time we spend on the claim, we will give you a cost estimate at the start of the case which we will update as the case proceeds.  We can also agree a fixed fee for each stage of the work if this is appropriate. You might have legal expenses insurance which will cover our costs (your home and car insurance policies may include legal cover). In some circumstances we can act on a No Win No Fee* basis.

For more information, or to discuss your case, please contact our employment law specialists Maureen Cawthorn or James Hodgson on 01422 339600.


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