- March 6, 2021 at 6:17 pm #613790Joseph.AndrewsMember
- Topics: 45
- Replies: 23
I’m trying to get the difference and remedy for these dismissals and redundancy. Can you please help me out. I’m self studying 🙂
1) Wrongful dismissal
2) Constructive dismissal
3) Summary dismissal
4) Unfair dismissal
5) RedundancyMarch 20, 2021 at 9:03 pm #614842VijayMember
- Topics: 0
- Replies: 258
Apologies for the delay.
How the relationship ends:
So there are different ways in which the relationship with an employer can end. It could end without there being a breach by either party in which case there is no claim. However, it could end with there being a breach by the employer. Constructive Dismissal is where the relationship ends due to a serious breach by the employer which makes the employee feel they have no other option but to leave under duress (pressure) for example the employee is discriminated and or bullied/victimised. If the employee leaves having been bullied or victimised then we call this a “Constructive dismissal”. A summary dismissal is where the employee is dismissed on the spot i.e. instantaneously without notice and or a reason.
Once dismissed, the employee now has a choice as to whether they bring an “Wrongful dismissal” claim or “Unfair dismissal” claim. Wrongful dismissal claims are bought when an employee has been dismissed summarily or there has been a breach of contract. Damages are very limited. Its easy to bring as it does not matter how long the employee has been employed.
Unfair dismissal – the employee can bring this claim against the employer but only if they have been employed for 2 years (generally). This claim is bought when the employee is dismissed without a fair reason and or a fair procedure being followed.
Redundancy is a claim for compensation when a job or role is no longer available. Again you only qualify to bring this claim if you’ve been employed for 2 years.
Ive summarised the above but would highly recommend you watch the recorded lectures as they provide more detail.
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