Lecture 6 – Termination of the employment contract wrongful and unfair dismissal
Types of claims
1. Wrongful dismissal (case or common law): Dismissed without appropriate notice
or employer failed to follow contractual grievance and disciplinary procedures
a. Civil court for breach of contract at common law
b. Breach of contract by the employer
c. In case of fixed-term contract – If termination is enforced before the
contract’s completion date
d. Summary dismissal (employee is dismissed without any notice)
i. Justified if proven that employee was guilty of gross misconduct
(serious misconduct by the employee, which might justify
instant dismissal)
1. E.g., Theft, fraud, violence, drunkenness, reckless
behaviour or wilful refusal to obey reasonable orders
e. 2 choices when a breach of contract occurs
i. Employment tribunal (within 3 months of dismissal happening)
1. Only deals with claims of up to £25 000
ii. Counter court/high court (within 6 years of dismissal happening)
f. S. 86 of the Employments Rights Act (minimum period of notice)
g. Before dismissal takes places, there must be an independent arbitrary
(review of circumstances) – If this doesn’t happen, then employees are
entitled to claim wrongful dismissal
Minimum notice periods (If not specified in the contract) (ERA 1996, s 86)
Up to one month in employment: No notice
One month to 2 years’ employment: 1 weeks’ notice
2 to 12 years’ employment: 1 weeks’ notice for every completed year
Over 12 years’ employment: 12 weeks’ notice
Remedies for wrongful dismissal
- Employee entitled to sue for breach of contract to recover any lost earnings payable during
the notice period
o As well as any commission and gratuities employee would have acquired
o Compensation for benefits lost, where wrongful dismissal prevented employee from
completing necessary period of continuous employment
- Employment tribunal – Damages are limited by ERA 1996
o Claim made between 3 months and 6 years of termination of contract
- Apprentice compensated for loss of prospects
Employment tribunal – within 3 months of dismissal happening (can only deal with claims of
up to £25 000)
Country court/high court – within 6 years of dismissal happening
Types of claims
1. Wrongful dismissal (case or common law): Dismissed without appropriate notice
or employer failed to follow contractual grievance and disciplinary procedures
a. Civil court for breach of contract at common law
b. Breach of contract by the employer
c. In case of fixed-term contract – If termination is enforced before the
contract’s completion date
d. Summary dismissal (employee is dismissed without any notice)
i. Justified if proven that employee was guilty of gross misconduct
(serious misconduct by the employee, which might justify
instant dismissal)
1. E.g., Theft, fraud, violence, drunkenness, reckless
behaviour or wilful refusal to obey reasonable orders
e. 2 choices when a breach of contract occurs
i. Employment tribunal (within 3 months of dismissal happening)
1. Only deals with claims of up to £25 000
ii. Counter court/high court (within 6 years of dismissal happening)
f. S. 86 of the Employments Rights Act (minimum period of notice)
g. Before dismissal takes places, there must be an independent arbitrary
(review of circumstances) – If this doesn’t happen, then employees are
entitled to claim wrongful dismissal
Minimum notice periods (If not specified in the contract) (ERA 1996, s 86)
Up to one month in employment: No notice
One month to 2 years’ employment: 1 weeks’ notice
2 to 12 years’ employment: 1 weeks’ notice for every completed year
Over 12 years’ employment: 12 weeks’ notice
Remedies for wrongful dismissal
- Employee entitled to sue for breach of contract to recover any lost earnings payable during
the notice period
o As well as any commission and gratuities employee would have acquired
o Compensation for benefits lost, where wrongful dismissal prevented employee from
completing necessary period of continuous employment
- Employment tribunal – Damages are limited by ERA 1996
o Claim made between 3 months and 6 years of termination of contract
- Apprentice compensated for loss of prospects
Employment tribunal – within 3 months of dismissal happening (can only deal with claims of
up to £25 000)
Country court/high court – within 6 years of dismissal happening
