redundancy

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?

1) There’s no such thing as a discrimination redundancy – there’s only unfair and wrongful

So “unfair dismissal or discrimination” are not alternatives

2) Claim for unfair and then, if you lose, ask for wrongful