Monday 17 October 2011

What is wrongful dismissal?


Unlike unfair dismissal, which is a statutory right, wrongful dismissal is a contractual right. It comes about if the employer terminates the employment contract contrary to the terms contained in it - for instance, by failing to give the correct notice. 

In those circumstances compensation is usually loss of  earnings for the notice period.

The minimum statutory periods of notice required from an employer are: -

1 month to 2 years of employment = 1 week’s notice
2 years to 12 years of employment = 1 week for each year worked
12 years plus of employment = 12 weeks’ notice
Failure to pay statutory notice may give rise to a claim of unlawful deduction from wages.

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