What is unfair dismissal?
In its simplest form, if an employee is dismissed without just or sufficient cause then this is classed as Unfair or Wrongful dismissal.
Wrongful dismissal can be claimed if the employee is dismissed on any of the following grounds: dismissal based on age, race, gender, religion, marital status, family responsibilities, disability or failing to follow a fair dismissal procedure.
What do you get for unfair dismissal?
If an employment tribunal decides you have been unfairly dismissed, the tribunal will instruct the employer on how much compensation you will get. Compensation for an unfair dismissal is normally made up of a basic award and a compensatory award. The Basic award is a fixed amount and calculated to a statutory formula. The compensatory award is to cover the actual money you have lost as a result of losing your job, usually one years gross pay.
What is the difference between unfair dismissal and wrongful dismissal?
The main difference is that Wrongful Dismissal is a claim based in contract law and focuses on a contractual breach; Unfair Dismissal can be claimed if an employer does not have a good reason for dismissing an employee or does not follow the companies formal dismissal process.
Do I need a solicitor for unfair dismissal?
As unfair dismissal claims are complex it is essential that you have an excellent legal representation by a solicitor who specialises in Employment Law.
Legal Advice From An Expert?
FMB Solicitors team of lawyers are here to help with all employment law matters.
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