Wrongful dismissal is different to unfair dismissal, but it is often used interchangeably with unfair dismissal. Unfair dismissal relates to the reason and / or process followed by an employer in bringing employment to an end. Wrongful dismissal relates solely to whether proper notice was given to terminate the employment relationship.
A wrongful dismissal occurs when someone is dismissed without the correct amount of notice. All employees with more than one months’ service are entitled to statutory notice regardless of what their contract of employment or statement of terms and conditions say.
If you’re unsure of what your employee’s entitlement to notice is, or need help to decide whether you can dismiss summarily (without notice), then we can help you and support you through the process, including helping you dismiss an employee fairly, so as to avoid a claim for unfair dismissal as well as wrongful dismissal. For more information, call Banner Jones Solicitors on and get the latest legal advice today!
For your convenience, we also offer a flexible range of fee options on all aspects of employment law.
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How to avoid an Employment Tribunal
The cost of defending Employment Tribunal cases can vary significantly and could cost your business anything from £10,000 to £50,000. Then if the claimant is successful, there will be the cost of compensation on top of this. The average award for an unfair dismissal case in the UK is a little under £7,000, with claims resulting from discrimination costing significantly more. Businesses also need to consider the hidden cost of employment law claims caused by the damage it can do to their reputation as an employer and as a business that clients and customers want to work with. Often this cost can be more damaging than the award itself.
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Flexible working has been at the forefront of many businesses since the pandemic began, and for many it is now time to formalise a flexible working policy. This guide tells you how to handle flexible working requests but we can also assist with a policy if required.
