LEGAL PRACTICE COURSE
Employment Law
Workshop 4
Topic:
Wrongful Dismissal (2)
Learning Outcomes:
By the end of this session you will be able to:
Advise on wrongful dismissal damages
Advise on the appropriate fora for wrongful dismissal claims
Advise on and apply the principles relating to deduction of wrongful dismissal damages
Session Activities:
Consideration of wrongful dismissal damages
Consideration of client instructions
Considering appropriate fora
Preparing a schedule of loss
Amending a schedule of loss
Materials Attached:
Pre-session task: memorandum dealing with a request to consider advice relating to a
dismissal
In session task: memorandum with instruction to draft a letter of advice to a client
Materials to be Provided in session:
Solutions to in-session tasks (d2)
Preparation for Session:
Review LG 3
Re-read article on Practical Law entitled ‘Wrongful dismissal compensation’
Review the materials from WS 2 and bring them to the session
Provide answers to the pre-session task for discussion
Post-Session:
Consolidate your learning in the session
2019-lpc-employment-ws4-d1 1/5 © City, University of London 2019
, LEGAL PRACTICE COURSE
Pre-session Task
---------- Original Email Message ----------
From: Tania Jones [supervisor]
To: Trainee
Date: 20 March 2020
Subject: Fwd: Brayton City FC
Caroline Peters has responded to our request for further information. I need you to prepare
a note on the following matters so that I can get back to her soon:
Caroline has a strong wrongful dismissal claim, as she was expressly dismissed in breach of
contract→ contract had a 12 month notice period, she was not given any notice, but was
given 3 months salary in lieu of notice
Where should she bring her claim? Why?
-As net salary is £110,000 + bonuses→ a lot greater than £25,000 (cap at EAT)→ go to High
Court
-EAT has limited jurisdiction to hear a wrongful dismissal claim→ all statutory claims are
heard in the employment tribunal, civil courts will hear breach of contract claims (e.g. breach
of restrictive covenants, breach of confidentiality clauses)
-EAT: now there are no fees→ free to bring a claim
-She has a strong claim→ so should go to the court as loser pays winners fees
- Complexity: e.g. ET1 is way more simple
What approach will the court/tribunal take when calculating wrongful dismissal
damages?
To put the employee in a position they should have been had the contract not been
breached→ so if she had been given full 12months notice
What is the damages period in this case?
12 month notice period→ this is the damages period (received 3 month PILON) but total is
1yr
Employment Law
Workshop 4
Topic:
Wrongful Dismissal (2)
Learning Outcomes:
By the end of this session you will be able to:
Advise on wrongful dismissal damages
Advise on the appropriate fora for wrongful dismissal claims
Advise on and apply the principles relating to deduction of wrongful dismissal damages
Session Activities:
Consideration of wrongful dismissal damages
Consideration of client instructions
Considering appropriate fora
Preparing a schedule of loss
Amending a schedule of loss
Materials Attached:
Pre-session task: memorandum dealing with a request to consider advice relating to a
dismissal
In session task: memorandum with instruction to draft a letter of advice to a client
Materials to be Provided in session:
Solutions to in-session tasks (d2)
Preparation for Session:
Review LG 3
Re-read article on Practical Law entitled ‘Wrongful dismissal compensation’
Review the materials from WS 2 and bring them to the session
Provide answers to the pre-session task for discussion
Post-Session:
Consolidate your learning in the session
2019-lpc-employment-ws4-d1 1/5 © City, University of London 2019
, LEGAL PRACTICE COURSE
Pre-session Task
---------- Original Email Message ----------
From: Tania Jones [supervisor]
To: Trainee
Date: 20 March 2020
Subject: Fwd: Brayton City FC
Caroline Peters has responded to our request for further information. I need you to prepare
a note on the following matters so that I can get back to her soon:
Caroline has a strong wrongful dismissal claim, as she was expressly dismissed in breach of
contract→ contract had a 12 month notice period, she was not given any notice, but was
given 3 months salary in lieu of notice
Where should she bring her claim? Why?
-As net salary is £110,000 + bonuses→ a lot greater than £25,000 (cap at EAT)→ go to High
Court
-EAT has limited jurisdiction to hear a wrongful dismissal claim→ all statutory claims are
heard in the employment tribunal, civil courts will hear breach of contract claims (e.g. breach
of restrictive covenants, breach of confidentiality clauses)
-EAT: now there are no fees→ free to bring a claim
-She has a strong claim→ so should go to the court as loser pays winners fees
- Complexity: e.g. ET1 is way more simple
What approach will the court/tribunal take when calculating wrongful dismissal
damages?
To put the employee in a position they should have been had the contract not been
breached→ so if she had been given full 12months notice
What is the damages period in this case?
12 month notice period→ this is the damages period (received 3 month PILON) but total is
1yr
