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Unfair Dismissal and Breach of Contract

Unfair Dismissal

Our experienced employment solicitors are on hand to help if you think you have been unfairly dismissed.

An employee normally acquires the right not to be dismissed unfairly after completing 12 months service.

Dismissal in this context can either mean express dismissal e.g. "you're fired" or “I have not option but to make you redundant”, or constructive dismissal where the employee resigns in response to a fundamental breach of contract on the part of the employer. We would recommend that you speak to one of our specialist employment lawyers before handing in your resignation.

Once a dismissal is proven, under normal circumstances, an employer has to prove that a dismissal was for a permitted 'fair' reason and that it was reasonable to dismiss for that reason.

There are six potentially fair reasons, including conduct, capability, redundancy and retirement. Proving that there are grounds for dismissal is, however, not enough. In addition, a statutory disciplinary and dismissals procedure must be followed and any material failure to do so on the employer's part will render the dismissal automatically unfair. Unfair dismissal can even occur if the employer uses one of the five fair reasons for dismissal, but applies the reason unfairly, such as in the case of an unfair selection criteria for redundancy.

Special protection against unfair dismissal extends to all employees, irrespective of length of service in certain circumstances, including (among other things) dismissal in connection with a health and safety reason and protected disclosures, otherwise known as "whistleblowing".

Breach of Contract

Unfair dismissal (above) often provides an inadequate remedy to well-paid senior executives, such as those recently made redundant in the banking industry, because there is a statutory cap on compensation.

For these individuals, breach of contract (sometimes called 'wrongful dismissal'), in the county or High Court may provide a better measure of damages where there is a lengthy contractual notice period (e.g. six to twelve months).

An employee who is summarily dismissed is entitled to claim damages for all financial losses incurred during what would have been the contractual notice period unless the employer can prove gross misconduct on the employee's part.

Our expert employment solicitors can assist you in bringing your claim and are experienced in handling matters for a wide range of employees.

Contact Ralli's employment solicitors or call us on 0161 832 6131.