Employees dismissed in breach of the terms of their contract may be able to claim wrongful dismissal. As a result, wrongful dismissal can be claimed even by someone with just a few days or weeks of service.
Typically, we find wrongful dismissal claims are brought by staff with less than 12 months service who have been dismissed without any procedure being followed.
Less costly than an unfair dismissal claim, the remedy for any successful claim is limited to what is required to simply redress the situation e.g. if the breach was a failure to follow the contractual disciplinary procedure, then the employer would be ordered to pay an amount equivalent to the time it would have taken to work through the procedure. No other compensation such as injury to feelings or loss of earnings can be awarded.
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