This is a common law contractual claim for breach of contract, which may be brought by workers or employees based solely on the fact that their dismissal by the employer was in breach of contract.
Examples of wrongful dismissal are:
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Termination of the contract with no notice or short notice;
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Where the employee/worker establishes he has been constructively dismissed or
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Termination of the contract before the expiry of a limited term where there is no break clause.
If a wrongful dismissal claim is pursued in the employment tribunal, there are certain requirements:
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The claim must be for breach of a contract of employment or other contract connected with employment and must arise or be outstanding on the termination of employment;
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The only remedy available is compensation;
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The employment tribunal can award a maximum of £25,000 when considering a contractual claim;
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If there are contractual terms on confidentiality , the tribunal will not be able to hear claims relating to them; and
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The claim will need to be brought to the tribunal within three months.
