Summary
Summary Wrongful Dismissal
- Module
- Employment Law (LAW5071)
- Institution
- Birmingham City University (BCU)
A document outlining wrongful dismissal.
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Wrongful DismissalDefinition of Wrongful - Common Law: Breach of Contract.
No prerequisite of a minimum length of service.
Two questions that must be examined when deciding if an individual has been wrongfully d
Has employee been dismissed?
s3(2) Employment Tribunal Act 1996.
Capek v Lincolnshire County Council [2000] ILRL 590.
Was the dismissal a repudiatory breach of contract on the part of the employer?
Unfair dismissal - Statutory right.
Employed for at least two years.
Not 'wrongful':
Lawful (contractual) payment in lieu of notice (PILON) made.
Employee in serious breach of contract ('gross misconduct').
Lawful (contractual) notice given.
Termination without notice clause in the contract applies.
Bringing a claim
Can be pursued in civil courts or employment tribunal.
Courts - Limitation period is six years.
No upper limit on level of damages awarded.
Employment Tribunal - Employment Tribunals Act 1996.
Brought within three months of termination and will not be able to claim more than £25,
Employment Tribunal's Extension of Jurisdiction Order 1994, art. 3 and 5.
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