This is a breach of contract claim against your employer. Unlike a claim for unfair dismissal, wrongful dismissal is not about fairness and you do not need any period of continuous employment in order to bring this claim.

The only question is whether your employer has breached the terms of your employment contract.

 

Notice period

The usual example of a wrongful dismissal is where your employer fails to give or pay you your notice pay, when this is due.

In some cases, an employer will pay you in lieu of notice and provided that your employer has reserved themselves the right to do this, this will not be a breach of contract.

Notice pay will not be due in a case of your gross misconduct.

Failure to pay notice when it is due will provide you with a claim for wrongful dismissal which will cover your loss of salary and benefits during your notice period.

 

Fixed term contract

If you are employed on a fixed-term contract and you are dismissed before the expiry of the term, you may have a claim for wrongful dismissal unless your employer can point to a term of the contract which allows an early termination.

Some fixed-term contracts can be terminated early with notice but if there is not a provision for this, there is likely to be a claim for the unpaid wages for the remainder of the fixed term.

 

Mitigation

If you secure other paid work during the period of notice to which you would have been entitled or during what should have been the remainder of your fixed term, then this is known as mitigating your loss. If you mitigate your loss, your new earnings will be taken into account when calculating your wrongful dismissal claim.

 

If you would like to discuss a wrongful dismissal claim with our Employment Solicitor, Julia Woodhouse, please call her on 024 7653 1532 or email her at Julia.Woodhouse@bttj.com.

Our solicitors work across the whole of the Coventry and Warwickshire region including Rugby, Nuneaton, Bedworth, Leamington Spa, Kenilworth, Warwick, Atherstone and Balsall Common as well as further afield.

 

The above is not intended to provide advice.