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Caroline Nwadu
Member - 1 post
This is a question a member of my staff asked me:
WHAT IS THE DIFFERNCE BETWEEN UNFAIR DISMISSAL AND WRONGFUL DISMISSAL?
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Adrian Waltho
Member - 27 posts
Caroline,
The answer to your question can be found in our Network Guide on dismissal:
http://www.workplacelaw.net/display.php?resource_id=2590
The difference between them is that to be dismissed in breach of a contract of employment is automatically deemed to be wrongful e.g. dismissing without giving an agreed-upon notice period.
Unfair dismissal is when an employee is dismissed (within or without the terms of their contract) unfairly. Whether the dismissal is deemed as unfair depends on the particulars of the case and is decided by numerous laws and statues e.g. Disability Discrimination Act 1995, Employment Act 2002, Employment Equality Regulations 2003 etc.
So, wrongful dismissal may not be illegal i.e. it breaks no employment laws, but the dismissal does break the terms of the employee's contract of employment.
I hope that answer your question. More detailed guidance on various aspects of dismissal can be found in the guide above.
Kind regards,
Workplacelaw Network
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