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Wrongful and Unfair Dismissal
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"Wrongful Dismissal and Unfair Dismissal
When dismissal is illegal, unfair or wrongful, what the difference in law is; legal remedies available in employment legislation for unlawful employment termination at employment tribunals.
There are three types of unlawful employment termination under Employment Law. The first is Wrongful Dismissal which and is a matter of breach of contract and damages. This may be dealt with by the ordinary civil courts or with a limit on the maximum possible award by the Employment Tribunals.
The other is Unfair Dismissal introduced into British Law by Acts of Parliament upon Britain's becoming a European state. It covers any type of employment termination, including a disputed Redundancy situation. This may only be dealt with by Employment Tribunals, although may be appealed from, after the Employment Appeal Tribunal (EAT), in the superior courts in the United Kingdom and may be taken to the European Court of Justice (ECJ).
In both case there is an expectation that the employee should seek to mitigate his loss. Wrongful Dismissal law suits being based on the Law of Contract damages are normally only for measurable economic loss. Unfair Dismissal cases to some extent allow Tort Law considerations in terms of considering in discrimination cases also awarding for injury to feelings.
Wrongful Dismissal : This is employment termination without proper notice or good reason. Employment Tribunals may deal with this, generally without involvement of costs, but may not award more than a statutory maximum in damages for Wrongful Dismissal. One may sue in the High Court (in Scotland in a Sheriff Court), where costs are automatically involved, but where there is no limit to the amount of damages that can be claimed.
Wrongful dismissal, being contract based, is not so much by Acts of Parliament, but almost entirely, by Common Law principles governed - i.e., judge made law, relying on precedent.
Wrongful dism"
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