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Hi Mike, what exactly is the difference between wrongful and unfair dismissal? Can’t both be assumed to be the same? Also, can constructive dismissal for example also be wrongful dismissal or unfair dismissal?
Wrongful dismissal is where an employer breaks the terms of the employment contract during the dismissal process, typically by dismissing the employee without giving them proper notice or pay in lieu of notice
A constructive dismissal might lead to a claim for wrongful dismissal
In the case of unfair dismissal, it’s necessary to understand that there are situations where a dismissal is automatically unfair. But there are also 5 situations where the employer may show that the dismissal was a fair one
1 because of the employee’s misconduct (eg theft, poor attendance or violence)
2 because of the employee’s lack of capability (ie poor performance) or qualification
3 a genuine redundancy
4 a statutory requirement (eg an employee needed to drive but has had their driving licence revoked)
5 some other substantial reason (eg the employee unreasonably refuses to accept changes to their terms of employment)Is that all clear now?
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