We can help employers to understand the laws around wrongful dismissal and breach of contract.
A wrongful dismissal occurs where an employee is dismissed by the employer without the appropriate notice provided for by the contract or by statute, and an employee in those circumstances may make a claim in the Tribunal or Court for wrongful dismissal and breach of contract.
A wrongful dismissal claim may be brought in the Employment Tribunal by the employee if the claim arises on the termination of employment and the value of that claim is £25,000 or less; otherwise the claim must be brought in the County or High Courts.
The contract of employment can provide that the employer may elect to make a payment in lieu of the notice period, any such payment must have tax and National Insurance contributions deducted in the usual way.
At Hanne & Co our Employment Law team can provide advice to the employer on the appropriate payment of notice that is required under the terms of the contract or in respect of any statutory minimum notice rights. We can also advise and represent the employer in relation to any claim made by the employee for wrongful dismissal.