What is the difference between unfair dismissal and wrongful dismissal?
Unfair dismissal and wrongful dismissal may be used inter-changeably by the lay person but, they do not mean the same thing! They are two totally different types of claims which may be bought by individuals against their ex-employer. We explain how each claim differs below.
Unfair dismissal
- The right not to be unfairly dismissed is a statutory right conferred by the Employment Rights Act 1996.
- An eligible employee may only enforce their right by bringing a claim in an employment tribunal – claims may now be brought without paying a fee.
- There are certain restrictions on who can bring an unfair dismissal claim.
- You must be an employee i.e. employed under a contract of employment. Other types of workers or consultants cannot bring claims of unfair dismissal.
- An employee may only bring a claim of unfair dismissal if they have been employed for two years or more.
- You must have been dismissed in order to bring a claim of unfair dismissal. This means either that your employer has terminated your employment or, you have resigned in circumstances where your employer has breached your contract (constructive dismissal) or, you have been employed on a fixed-term contract and this has not been renewed.
- You must generally bring your claim of unfair dismissal in the employment tribunal within three months of the date of your dismissal.
- A dismissal will be unfair where an employer cannot show that it had one of five potentially fair reasons for dismissal.
- An employer must follow a fair procedure before dismissing an employee. A tribunal will use the ACAS Code as a benchmark for a fair procedure and can increase any compensation awarded by up to 25% where it considers this was unreasonably not followed.
- A dismissal must also be substantively fair. This means that dismissal was a reasonable response from the employer, in all the circumstances.
Wrongful dismissal
- The right to claim wrongful dismissal is not set out in legislation, it is a common law claim based on breach of contract.
- Wrongful dismissal occurs where an employer terminates employment without giving any (or the correct amount) of notice specified in the contract or, if greater, the statutory minimum notice.
- There are no strict eligibility rules like there are for unfair dismissal, all that is required is a dismissal in breach of contract.
- An individual should be able to claim for the financial losses caused by the employer’s breach of contract, namely salary and contractual benefits which would have been due during the notice period.
- Claims of up to £25,000 only may be brought in an employment tribunal. Claims with a larger value than this must be brought in the ordinary courts where a fee must be paid.
- A claim for wrongful dismissal may be brought regardless of how long someone has been employed.
- A claim of wrongful dismissal can be bought in the ordinary courts up to six years after the dismissal.
- The reason for dismissal is relevant to a claim of wrongful dismissal only where the employer argues the reason for the dismissal was the employee’s gross misconduct.
- Whether or not an employer followed a fair procedure is irrelevant in wrongful dismissal claims.
- Equally, substantively fairness is not relevant to claims of wrongful dismissal.
The Labour Party came into power in 2024 with a promise of substantial reforms aimed at enhancing worker’s rights, improving work-life balance, and addressing inequalities in the workplace.
Mental health is an increasingly important issue in the workplace, affecting employees’ wellbeing, productivity, and overall satisfaction. As more employees speak up about their struggles, UK employers must ensure they are providing a supportive environment while adhering to legal responsibilities. The legal framework surrounding mental health in the workplace is clear, but understanding how to apply it practically is key to preventing discrimination and promoting a healthy work culture. With World Mental Health Day on 10th October, now is the perfect time for employers to review their obligations and strategies for supporting mental health in the workplace.
Handling Mental Health-Related Absences: Best Practices and Legal Obligations
Mental health-related absences are a common challenge for employers, as mental health conditions can lead to prolonged or frequent time off work. Understanding how to handle these absences with compassion while fulfilling legal obligations is crucial for maintaining a supportive work environment and avoiding potential legal pitfalls. As we approach World Mental Health Day on 10th October, this article outlines best practices and key legal responsibilities for UK employers when managing mental health-related absences.
In the UK, mental health discrimination in the workplace is a growing concern as more employees speak up about their struggles with mental health issues. World Mental Health Day, observed on 10th October, provides an opportunity to reflect on the legal protections in place to safeguard employees from discrimination and to promote mental wellbeing in the workplace. This article will explore the legal framework surrounding mental health discrimination, including how the law defines mental health disabilities, employers' responsibilities, and steps businesses can take to prevent discrimination.
Supporting employees with mental health conditions is not just an ethical responsibility for UK employers; it’s a legal obligation under the Equality Act 2010. As we approach World Mental Health Day on 10th October, it’s crucial for employers to understand what reasonable adjustments are, how they can be applied to mental health, and the steps they should take to comply with UK law while fostering an inclusive and supportive work environment.
The Equality Act 2010 is a key piece of legislation in the UK that aims to protect employees from discrimination in the workplace. While much of the focus on this Act has been on physical disabilities, mental health conditions are also covered under its provisions. As we approach World Mental Health Day on 10th October, it’s important to understand how the Equality Act protects employees with mental health conditions, and what employers must do to ensure they meet their legal obligations.
In the modern workplace, stress is often considered an inevitable part of the job. However, when stress becomes overwhelming, it can lead to significant mental health issues such as anxiety, depression, and burnout. In the UK, employers have a legal responsibility to manage workplace stress and support employee wellbeing. As we approach World Mental Health Day on 10th October, this article explores the legal framework around workplace stress and provides guidance on how employers can take steps to create a healthier, more supportive work environment.
The British Airways Plc v Rollett & Others ruling underscores the importance of focusing on the actual disadvantages caused by workplace policies. Employers are now obliged to be more vigilant in assessing the broader impacts of their decisions, ensuring equity and fairness for all employees, regardless of whether they possess a protected characteristic under the Equality Act 2010.
By proactively addressing these considerations, employers can foster a more inclusive work environment and mitigate the risk of indirect discrimination claims.
Shift work is a necessity in the healthcare sector, ensuring round-the-clock care. However, long hours, night shifts, and irregular schedules can take a significant toll on healthcare workers' physical and mental health, increasing the risk of burnout. This article outlines your legal rights regarding rest breaks, the impact of shift work, and your employer's obligations to minimise the risks.
Mental health conditions are becoming increasingly prevalent in UK workplaces, with far-reaching consequences for employees, businesses, and society as a whole. Employers have a duty of care towards their employees' mental wellbeing, and certain mental health conditions may also be recognised as disabilities under the Equality Act 2010.
We use cookies to ensure that we give you the best experience on our website. To learn more, go to the Privacy Page.
×