Wrongful dismissal

Wrongful dismissal, also known as unlawful termination or wrongful termination, refers to a situation where 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 a breach of the terms and conditions laid down in the contract of employment or the breach of a statutory provision or rule in employment law.

Overview

Wrongful dismissal varies from one jurisdiction to another. For instance, in the United States, it is intertwined with the doctrine of Employment at will, which generally allows either party to terminate the employment relationship at any time. However, there are exceptions to this doctrine, which may give rise to a claim for wrongful dismissal.

In the United Kingdom, wrongful dismissal is typically a breach of contract claim, where the employer has failed to give the correct contractual notice period.

Causes

Wrongful dismissal can occur for a variety of reasons, including but not limited to:

• Discrimination: This occurs when an employer terminates an employee based on race, nationality, religion, sex, age, or disability. This is illegal under laws such as the Civil Rights Act of 1964 in the United States and the Equality Act 2010 in the United Kingdom.
• Retaliation: An employer cannot fire an employee because the employee filed a claim of discrimination or is participating in an investigation for discrimination.
• 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 is not following the company's own termination procedures: In some cases, the employee handbook or company policy outlines a procedure that must be followed before an employee is fired.

Legal remedies

If an employee is wrongfully dismissed, they may be entitled to a variety of remedies. These can include reinstatement, back pay, front pay, compensatory damages, and punitive damages. The exact remedies available will depend on the jurisdiction and the specific circumstances of the dismissal.

See also

• Constructive dismissal
• Unfair dismissal
• Employment discrimination
• Employment law