Employment Law – Workshop 2
Suggested letter to client
LPC Solicitors
Ms Caroline Peters
[address]
[date] 2020
Dear Ms Peters
Employment dispute
Thank you for your instructions on the termination of your employment with Brayford City
Football Club (“the Club”).
I have now had an opportunity to consider your instructions and, as agreed, I am writing to
provide you with my preliminary advice.
Your claim – wrongful dismissal
As I understand from you, your contract was terminated without notice on 12 March 2020
after the Club discovered disparaging comments about the team posted by your husband on
social media. As I will outline below, it is my view that your contract has been terminated in
breach of contract, giving you good grounds to claim wrongful dismissal.
You were dismissed without notice, yet under your employment contract, the Club agreed
that they would provide you with at least 12 months’ notice if they dismissed you. They have
therefore breached this term of the contract. The Club has paid you the equivalent of 3
months’ notice. This payment does not alter or remedy the breach of contract, because the
contract, according to you, does not allow the Club to replace notice with payment (there is
no payment in lieu of notice or ‘PILON’ clause). In addition, the payment itself is significantly
less than your entitlement of 12 months and is therefore insufficient.
Accordingly, your claim for wrongful dismissal is reasonably strong. It is worth pointing out
that the Club would not have had an obligation to provide you with notice if you were in
serious breach of your contract. Wrongful dismissal claims can be defended on this basis. In
your case, I do not consider that the actions of your husband would put you in breach of your
contract, serious or otherwise. Furthermore, I understand from you that your service with the
Club was exemplary and there were no other adverse incidents.
Remedy for wrongful dismissal
The appropriate remedy for wrongful dismissal is damages. Damages will compensate you
for the net monetary loss you sustain as result of the failure to give you notice. It is assessed
by estimating the sum you would have received had you worked your notice. I currently do
not have any information on the salary and benefits you were entitled to under your contract
with the Club and therefore cannot at this moment accurately assess what you may recover.
I would be grateful if you could provide me with this information so that I may advise you fully
on this issue.
docs_018152357.odt 1/2 © City, University of London 2019
Suggested letter to client
LPC Solicitors
Ms Caroline Peters
[address]
[date] 2020
Dear Ms Peters
Employment dispute
Thank you for your instructions on the termination of your employment with Brayford City
Football Club (“the Club”).
I have now had an opportunity to consider your instructions and, as agreed, I am writing to
provide you with my preliminary advice.
Your claim – wrongful dismissal
As I understand from you, your contract was terminated without notice on 12 March 2020
after the Club discovered disparaging comments about the team posted by your husband on
social media. As I will outline below, it is my view that your contract has been terminated in
breach of contract, giving you good grounds to claim wrongful dismissal.
You were dismissed without notice, yet under your employment contract, the Club agreed
that they would provide you with at least 12 months’ notice if they dismissed you. They have
therefore breached this term of the contract. The Club has paid you the equivalent of 3
months’ notice. This payment does not alter or remedy the breach of contract, because the
contract, according to you, does not allow the Club to replace notice with payment (there is
no payment in lieu of notice or ‘PILON’ clause). In addition, the payment itself is significantly
less than your entitlement of 12 months and is therefore insufficient.
Accordingly, your claim for wrongful dismissal is reasonably strong. It is worth pointing out
that the Club would not have had an obligation to provide you with notice if you were in
serious breach of your contract. Wrongful dismissal claims can be defended on this basis. In
your case, I do not consider that the actions of your husband would put you in breach of your
contract, serious or otherwise. Furthermore, I understand from you that your service with the
Club was exemplary and there were no other adverse incidents.
Remedy for wrongful dismissal
The appropriate remedy for wrongful dismissal is damages. Damages will compensate you
for the net monetary loss you sustain as result of the failure to give you notice. It is assessed
by estimating the sum you would have received had you worked your notice. I currently do
not have any information on the salary and benefits you were entitled to under your contract
with the Club and therefore cannot at this moment accurately assess what you may recover.
I would be grateful if you could provide me with this information so that I may advise you fully
on this issue.
docs_018152357.odt 1/2 © City, University of London 2019
