What is the difference between unfair dismissal and wrongful dismissal

Monetary compensation If reinstatement is not appropriate, you can receive a payout for unfair dismissal. Claiming for wrongful dismissal Since there are some key differences between unfair dismissal and wrongful dismissal, the compensation is also different.

When making a compensation claim for wrongful dismissal, there are two remedies: 1. Compensation for loss and damage This is considered to be the most effectives remedy for wrongful dismissal. Damages can be awarded for loss of the following: Wages and other remuneration; Superannuation; Injuries suffered because of the supposed termination; or Loss of opportunity to obtain further employment. Specific performance of the contract Specific performance of an employment contract is rarely awarded by the courts.

No, you cannot claim for both wrongful and unfair dismissal as they are not interchangeable. Can an employer dismiss you without warning? When can I claim wrongful dismissal?

Share this article. Meet our specialised employment law team. Owen Hodge is here for you Been unfairly or wrongfully dismissed? Contact Us. Related Blogs. What is a Solvency Statement? All care, no responsibility? How can I make sure my partner visa application is accepted?

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But do you know the difference? Wrongful dismissal is a dismissal in breach of contract. Of course, there are some select circumstances when an employer does not need to give notice, for example, if an employee has committed an act of gross misconduct.

If you act in violation of any contractual obligations, the employee can make claims for damages. To make a claim, there is no required length of service necessary. This means that the employee does not need to have worked for you for a certain length of time before they can make a claim.

Depending on the value of the claim, claims can be brought before the County Court, High Court or an Employment Tribunal. The right not to be unfairly dismissed is a statutory right laid down in the Employment Rights Act.

If an Employment Tribunal finds that the employee has been unfairly dismissed, it may order reinstatement, re-engagement or compensation. There are some exceptions to this general rule. Our Employment Law Advisers can also provide you with support.

Get in contact now to discuss the difference between wrongful and unfair dismissal. About us. Call us on Other potential remedies include reinstatement or re-engagement. Wrongful dismissal is different to unfair dismissal in that it focuses on a contractual breach. There is no specific legislation; rather it is a branch of contract law, which comes from common law. The most common example of a wrongful dismissal is failure to give an employee the correct length of contractual or statutory notice.

However, the employee will also have the option of pursuing their claim in the civil court, in which an extended six-year limitation period applies. An employee who is out of time to pursue a claim in the employment tribunal could still pursue a civil action. In recent years, it may have been cheaper for the employee to pursue civil action.