Expert guide

Employment Litigation - wrongful dismissal

Wrongful dismissal is dismissal in breach of contract. It is not the same as unfair dismissal, which looks at the reason and process involved in the dismissal. In wrongful dismissal, we look at the employment contract, which is made up of the physical paper contract, (where one exists), but also the terms of the contract that are implied into the relationship by statute and case law.

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The right not to be dismissed unfairly is a statutory rather than a contractual right. An employee must have a minimum of two years’ continuous service to qualify for the right to bring a claim of unfair dismissal, which can be brought to an Employment Tribunal only. Please refer to our factsheet on ‘Unfair Dismissal’ for more information.

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