Magazine article Marketing

Legal Q & A

Magazine article Marketing

Legal Q & A

Article excerpt

Q I have been dismissed by my employer without the three months' notice I was entitled to in my contract. What are my rights of redress? Would it have made any difference if I was paid in lieu of notice?

A Dismissal without notice is essentially a breach of contract claim. If the employer acted in breach of your contractual obligations to give notice, the employer then becomes liable to pay you damages for wrongful dismissal. This is quite distinct from your right to claim for unfair dismissal.

Your entitlement to make a claim for wrongful dismissal for damages will broadly speaking reflect the three-month notice that you should have received. You will also be entitled to other contractual benefits, such as accrued holiday pay. Senior managers, with lengthy notice periods, may find it preferable to bring a claim for wrongful dismissal because its is a simpler claim to make and they stand to gain more damages for breach of contract than could be achieved on an unfair dismissal claim. …

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