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If your employee is making a claim against you for Wrongful Dismissal, what are your rights and how should you defend them? Alternatively, if your employee is regularly breaching their contractual terms, can you dismiss them without the fear of litigation? We can review your contract and the claim against you and provide you with a list of options that you can take.
A wrongful dismissal is a dismissal based on the terms of the Contract of Employment. It should not be confused with a claim for unfair dismissal.
If your employee breaches any of the terms of their Contract you may be able to dismiss them. However, failure to follow correct dismissal procedures, or if the breach was insufficient to justify dismissal, can lead to a claim for wrongful dismissal.
What Action Should You Take?
If you believe that you are entitled to dismiss an employee for breach of contract, or if you are defending a claim for wrongful dismissal, please call us so that we can advise you of your options. A claim for wrongful dismissal is not dealt with by an Employment Tribunal which means that the claim can be unlimited in amount.
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Find out more about Employment Law for Business with Kingsley Smith Solicitors - Employment Law Specialists.
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