Q&As

Where an employee has insufficient length of service to claim unfair dismissal, could they nevertheless bring a claim in the employment tribunal (ET) on the basis that the employer breached their contract of employment such that it terminated their employment? What is the ET’s jurisdiction to hear a breach of contract claim in those circumstances?

read titleRead full title

Published by a ³ÉÈËÓ°Òô Employment expert
Published on: 16 September 2022
imgtext

Where an employee has insufficient length of service to bring an unfair dismissal claim under the statutory regime set out in Part X of the Employment Rights Act 1996 (ERA 1996) (ERA 1996, s 94), if the circumstances of the termination are not such that the statutory qualifying period for bringing a statutory claim is reduced or dispensed with entirely, any termination of their employment will need to be considered in terms of common law principles.

For further information, see Practice Note: Qualifying period for unfair dismissal.

Under common law, if an employer dismisses an employee in breach of contract, eg dismissal without notice due under the contract, then such a dismissal would be wrongful. For further information, see Practice Note: Wrongful dismissal compensation.

Constructive dismissal

Dismissal of

Powered by Lexis+®
Jurisdiction(s):
United Kingdom
Related legal acts:

Popular documents

Reinstatement

ReinstatementReinstatement is one of the orders that may be made by a tribunal under section 112 of the Employment Rights Act 1996 (ERA 1996) following a finding of unfair dismissal. For a discussion of the other remedies available, see Practice Note: Unfair dismissal remedies—general.Following a

The unfair dismissal compensatory award

The unfair dismissal compensatory awardAn award of compensation for unfair dismissal generally consists of a basic award and a compensatory award. The compensatory award is intended to compensate the employee for financial losses suffered as a result of the unfair dismissal. It may be subject to

Where an employer begins collective consultation under section 188 of the Trade Union and Labour

Where an employer begins collective consultation under section 188 of the Trade Union and Labour Relations (Consolidation) Act 1992, then due to a change in circumstances fewer redundancies are required and so an updated section 188 letter is sent setting out the reduced number of proposed

Wrongful dismissal compensation

Wrongful dismissal compensationThis Practice Note examines the remedies (heads of claim) available in the case of dismissal in breach of an employment contract (wrongful dismissal), and in particular how compensation for wrongful dismissal (ie damages for breach of the contract of employment) are