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.

What you could be entitled to

It can take the form of an oral contract or alternatively come into existence as a result of the conduct of the parties. 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 week’s 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 your 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 and confidence then please contact one of the employment law team.