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June 5, 2011 at 1:53 pm #48940danielglover
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It seems different website say differently. Some say that Wrongful is a breach of contract, and Unfair is statutory.
The way I was tought: wrongful is a breach of contract or a breach of statute, (such as the discrimination act); and unfair is when you are sacked unfairly e.g for being late once.
Am I right, or is wrongful only a breach of contract.June 5, 2011 at 7:53 pm #83004MikeLittleKeymaster
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No, wrongful is dismissal without following the proper procedures ( legal ), so you are correctNovember 30, 2011 at 4:01 pm #83005avylara
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i still do not grasp the concept of wrongful dismissal in comparison to unfair dismissal. From my interpretation, it can be said that wrongful dismissal is a type of dismissal under the heading of unfair dismissal. Kindly explain the two please.December 4, 2011 at 2:25 pm #83006MikeLittleKeymaster
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Here’s what I found in Wikipedia for “Unfair dismissal”
Unfair dismissal is the term used in UK labour law to describe an employer’s action when terminating an employee’s employment contrary to the requirements of the Employment Rights Act 1996. It is automatically unfair for an employer to dismiss an employee, regardless of length of service, for a reason related to discrimination protected by the Equality Act 2010, becoming pregnant, or having previously asserted certain specified employment rights. Otherwise, an employee must have worked for a year to have the right against unfair dismissal. This means an employer only terminates an employee’s job lawfully if the employer follows a fair procedure, acts reasonably and has a fair reason. Fair reasons for dismissal are,
* A reason related to the employee’s conduct
* A reason related to the employee’s capability or qualifications for the job
* Because the employee’s job was redundant
* The employee had reached normal retirement age in accordance with the Employment Equality (Age) Regulations 2006
* Because a statutory duty or restriction prohibited the employment being continued
* Some other substantial reason of a kind which justifies the dismissal.
AND HERE’S WRONGFUL DISMISSAL – from the same page!
Wrongful dismissal, also called wrongful termination or wrongful discharge, is an idiom and legal phrase, describing a situation in which an employee’s contract of employment has been terminated by the employer in circumstances where the termination breaches one or more terms of the contract of employment, or a statute provision in employment law. It follows that the scope for wrongful dismissal varies according to the terms of the employment contract, and varies by jurisdiction. Note that the absence of a formal contract of employment does not preclude wrongful dismissal in jurisdictions in which a de facto contract is taken to exist by virtue of the employment relationship. Terms of such a contract may include obligations and rights outlined in an employee handbook.
Being terminated for any of the items listed below may constitute wrongful termination:
* Discrimination: The employer cannot terminate employment because the employee is a certain race, nationality, religion, sex, age, or in some jurisdictions, sexual orientation.
* Retaliation: An employer cannot fire an employee because the employee filed a claim of discrimination or is participating in an investigation for discrimination. In the United States, this “retaliation” is forbidden under civil rights law.
* Employee’s Refusal to Commit an Illegal Act: An employer is not permitted to fire an employee because the employee refuses to commit an act that is illegal.
* Employer Not Following Own Termination Procedures: Often, the employee handbook or company policy outlines a procedure that must be followed before an employee is terminated. If the employer fires an employee without following this procedure, the employee may have a claim for wrongful termination.
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