Employers Wrongful Dismissal
Wrongful dismissal occurs when an employee has been dismissed in breach of contract, for example, when an employer has not given notice of dismissal.
How much notice should I give my employee?
The written statement of the main terms and conditions of employment or the contract of employment should state what notice an employer should give when terminating employment. The notice should not be less than the statutory minimum entitlement, whether the terms are in writing or not.
Do I need to pay my employee for their notice when I have dismissed them?
Whether notice is payable will depend on the nature of the dismissal. Where an employee has been dismissed on the grounds of gross misconduct, notice does not necessarily have to be paid.
What is a PILON?
PILON is an abbreviated term for a payment in lieu of notice. There are occasions when an employer wishes to terminate employment in accordance with the contract of employment but does not require the employee to work out their period of notice. The employee would receive notification of their proposed last day of work and would receive a payment for their notice. This might arise, for example, in a redundancy situation where there is a reduction in the workload and no requirement for work.
Why has my employee issued a claim for unfair dismissal and wrongful dismissal?
Where an employee has been dismissed for gross misconduct, they may also include a claim for notice monies. This might be, for example, where the employee is challenging the dismissal and believes that it was not a gross misconduct scenario for which notice monies were not payable.
How long should service be to bring a wrongful dismissal claim?
There is no need to have been employed for a continuous period of time, however, there are strict timeframes for issuing claims.