All employees have a basic right not to be wrongfully dismissed. This occurs where you are dismissed by your employer without payment of your full notice pay or without being paid your notice pay in lieu of having to work your notice.
Can My Employer Withhold My Notice Pay?
An employer may only lawfully terminate your employment without paying you your notice or money in lieu of notice if you have committed a fundamental breach of your contract
We also offer a low fixed-fee service for claims assessment. For a fee which amounts to less than an hours work for most High Street solicitors we’ll review your case and advise you on whether you have a claim. If we subsequently win the case we’ll deduct the Pre-Claim Review fee from our success fee, so you won’t be out of pocket.
We can even help you if you’ve already started your claim in the Employment Tribunal. For a fixed fee we’ll review your claim and give you advice on drafting, tactics and procedure. And on top of that we’ll give you three months of support as your claim goes on, to maximise your chance of succeeding.
You won’t find any other employment solicitor who offers something of equivalent value for less (and if you think you have found an equivalent alternative product, talk to us as we’d love to know and we’re keen to remain the most competitive claimant employment law practice in the market).
such as gross misconduct or gross negligence. This is sometimes known as a summary dismissal.
How Much Is My Wrongful Dismissal Claim Worth?
Basically, the amount of notice you are entitled to be paid should be set out in your contract of employment if you have one. However, the law also provides you with a statutory minimum entitlement to notice of 1 week for every year of your employment. This may mean that your minimum entitlement to notice is longer than the period set out in your contract.
You are entitled to be paid whichever is the greater amount. By way of example, if your contract says that you are entitled to one month’s notice but you have worked for your employer for 8 years then your minimum statutory notice will be 8 weeks and you would be entitled to recover this greater amount.
Can My Notice Pay Be Reduced?
In most cases as an employee who has been wrongfully dismissed you will be under a duty to find alternative employment. This is known as the duty to mitigate your loss and means that you must give credit for any earnings that you receive during what would have been your notice period if you have found work. In some cases your employment contract may provide that you are entitled to receive your full notice pay to be paid to you as if it were a debt and without you have having to give credit for any new earnings during this period.
Will I Be Entitled To Recover Anything Else?
Whenever your employment ends it is very important to check the full terms of your contract of employment to see whether or not you are entitled to any other benefits during your contractual notice period. In addition, you may also find that you are entitled to outstanding holiday pay, bonuses, outstanding commission or arrears of pay, ongoing health benefits and pension contributions or ongoing benefits such as company car or fuel allowances, mobile phone or home phone allowances, childcare and luncheon voucher benefits. As you can see all of these each have a monetary value during your notice period and must not be disregarded by you.
If they exist then you have a contractual entitlement to receive them in a wrongful dismissal and breach of contract claim.