employment law 2 Flashcards
(20 cards)
What is the key legal remedy for wrongful dismissal?
Damages for breach of contract.
In wrongful dismissal, what are damages based on?
Pay and benefits the employee would have received during the notice period.
Can employees claim for hurt feelings in wrongful dismissal?
No, only financial loss is compensable.
What must the employee prove in a wrongful dismissal case?
That the employer breached the contract without justification.
Can wrongful dismissal occur with a fixed-term contract?
Yes, if terminated early without contractual right.
Is a disciplinary hearing required before summary dismissal?
Yes, to ensure procedural fairness unless the misconduct is clear-cut.
Can misconduct justify summary dismissal?
Yes, but it must be serious enough to breach trust and confidence.
What is the usual time limit to bring a wrongful dismissal claim in court?
Six years in civil court or three months in employment tribunal.
What is the maximum award for wrongful dismissal in an employment tribunal?
£25,000.
What is a PILON clause?
“Payment in lieu of notice” – allows employer to pay rather than require notice worked.
Can an employee be dismissed without notice even with a PILON clause?
Yes, but payment must match contractual terms.
What is the difference between wrongful and unfair dismissal?
Wrongful is contractual breach; unfair involves statutory rights and reasonableness.
Does wrongful dismissal require minimum length of service?
No, it applies regardless of service length.
What happens if an employer gives inadequate notice?
It is a wrongful dismissal unless justified.
Can an employee mitigate losses in wrongful dismissal?
Yes, they must seek new employment to reduce damages.
Can damages for wrongful dismissal include bonuses?
Yes, if the bonus would have been earned during the notice period.
What is a common defense to wrongful dismissal?
That dismissal was justified due to serious misconduct.
Can employers be liable for emotional distress in wrongful dismissal?
No, only financial losses are recoverable.
What happens if an employee walks out without notice?
It may be a breach of contract unless it’s constructive dismissal.
Can wrongful dismissal claims be settled out of court?
Yes, often through settlement agreements.
