Breach of contract takes place when your employer fails to give you the rights you are entitled to under your contract of employment. Wrongful dismissal often occurs when your employer does not give you correct notice of dismissal.
Your employer is allowed to pay you compensation instead of giving you notice or may allow you to work out your notice – this is called pay in lieu of notice. No breach of contract will occur if there is a term in your contract which allows your employer to pay you in lieu of notice – as long as you are paid the correct amount.
Your employer should follow a proper dismissal procedure before dismissing you. The dismissal may be automatically unfair if they don’t. You may be able to claim compensation for breach of contract by making a claim for wrongful dismissal if your employer fails to:
- Give you the correct notice
- Pay you pay in lieu instead of notice
- Pay the correct amount of pay in lieu of notice
You can make a claim for breach of contract to an employment tribunal at the same time that make a claim for unfair dismissal. Compensation for breach of contract will be added to any compensation that you claim for unfair dismissal.
There are other grounds for a compensation claim for breach of contract. You should consult an experienced adviser as soon as possible if you are thinking about making a claim for unfair or wrongful dismissal. A claim to an employment tribunal must be made within three months of the date of dismissal. A good place to start is the Citizens Advice Bureau.
Many solicitors offer free initial consultations. Contact us and we will recommend a wrongful dismissal expert.