Wrongful Dismissal
Wrongful Dismissal, also know as Breach of Contract, is a claim based on the contract of employment. The contract does not have to be in written form. It can take the form of an oral contract or alternatively come into existence as a result of the conduct of the parties.
Employees
An employee has a right to be given notice of termination of his contract of employment in circumstances other than that of gross misconduct. The correct notice period can either be set out in a written contract or, if the contract is silent on the point or there is no written contract, implied by legislation. The minimum notice period for an employee who has worked more than one month but less than two years is one week. After two years service, an employee is entitled to a weeks notice for every year that they have worked up to a total of 12 weeks. If you feel that you have been given inadequate notice, please contact one of the employment law team.
If an employer changes the terms of an employee’s contract without their prior agreement then this may, in itself, be a breach of the contract of employment. If you believe that your employer has changed the terms of you contract to your detriment, then please contact one of the employment law team.
Another term which is implied into every contract of employment is the mutual term of trust and confidence between the employer and employee. In short, an employer or employee must not do anything to seriously damage their relationship without good reason. If you feel that your employer has acted in breach of their duty of trust of confidence then please contact one of the employment law team.
Employers
An employer may wish to place an employee on “gardening leave” in certain circumstances to protect their business interests. “Gardening leave” is when the employee is paid for his notice period in advance. We can advise employers how best to handle this and, importantly, how to avoid breaching the employee’s contract. Please see the link regarding Compromise Agreements for further information.
An employer may wish to vary the terms of an employee’s or several employees’ contracts of employment in which case we can assist in doing so within the terms of the existing contract or with reference to contract law and legislation. We can assist employers in defending claims for wrongful dismissal at the Employment Tribunal or County or High Court.
If you are a business of any size, please do not hesitate to contact a member of our employment law team to discuss how we can assist you.