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Wrongful Dismissal: Episode 108

A guide to Wrongful Dismissal: What is it and when is it applicable?

Following a suggestion by a podcast listener in this episode of the podcast I cover an overview of Wrongful Dismissal and summarise the information you need to know as an employer, business owner or HR professional. 

In this episode I will cover:

  • The basis in law for a claim for wrongful dismissal.
  • The difference between unfair dismissal and wrongful dismissal.
  • The time limits for bringing a claim for wrongful dismissal.
  • The potential damages/compensation an employee could receive.
  • Why it is important to ensure that your disciplinary procedure is not contractual.
  • The impact of a wrongful dismissal claim on post-termination restrictions.

Action Points

  1. Review the length of notice periods in your employee contracts to ensure that they are not excessively long;
  2. Seek advice before dismissing an employee without notice;
  3. Review your employment contracts and Handbooks to ensure that the procedures are not contractual.

Useful Links

Brandeaux Advisers (UK) Ltd and others v Chadwick [2010] EWHC 3241 (QB)

Dunn v AAH Ltd [2010] EWCA Civ 183

Williams v Leeds United Football Club [2015] EWHC 376

Neary and another v Dean of Westminster [1999] IRLR 288,

Episode 46 – Farnan v Sunderland FC

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The information contained in this Podcast and post is provided for guidance and is a snapshot of the law at the time. It is provided for your information only and should not be used as a substitute for obtaining legal advice that it specific to your particular circumstances.

The guidance should not be relied upon in any decision making process. It is strongly recommended that you seek advice before taking action.

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