- This topic has 3 replies, 2 voices, and was last updated 8 years ago by
.
- Posts
1. If an employee is made redundant due to discrimination, is it unfair or wrongful dismissal?
2. If no notice was given for redundancy, is it unfair or wrongful dismissal?
3. Could both of these claims 1,2 made at the same time?
Thank you for your help!
Discrimination is automatically unfair
Proper procedures must be followed even though it’s a case where summary dismissal is appropriate (gross misconduct, theft, fraud, violence …)
For example, when Tesco’s discovered one of their employees was stealing, they summarily dismissed that employee
The employee then sued for wrongful dismissal because Tesco failed to give the employee the opportunity to explain their actions. The Tribunal held that the dismissal was procedurally unfair and that equates to wrongful dismissal
Wrongful dismissal is where the employer fails to follow the correct procedures – whether these are statutory procedures or contractual procedures set out in the employee’s contract of employment
Can you have both simultaneously? Well, I suppose that it’s possible. Where an employee is made redundant but the employer has failed to follow correct procedure, then we have wrongful dismissal
Maximum compensation for wrongful dismissal is capped at 25,000 pounds
For unfair dismissal, the basic award for an employee is around 14,500 pounds but there is, in addition, a compensation award available and that is capped at just over 79,000 pounds
Why ask for wrongful when you have a chance of unfair?
OK?
Thank you very much for the help!
However, I have got few follow up questions.
1. If an employee is suing due to unfair redundancy rising from discrimination, is he/she making a claim for unfair dismissal or discrimination?
2. If an employee is unsure whether he/she can win unfair dismissal claim, do you think it is reasonable to claim for both unfair and wrongful dismissal (if it is more likely to win wrongful dismissal claim)?
- You must be logged in to reply to this topic.