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Lucie Mitchell

Sift Media

Freelance journalist and former editor of HRZone

Read more about Lucie Mitchell

HR tip: Unfair versus wrongful dismissal

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These questions are being answered by Learn HR, a market leader in the provision of HR and payroll training and nationally-recognised professional qualifications.


Question:

What, if any, is the difference between unfair dismissal and wrongful dismissal?
 
Answer:
 
They reflect the why and how of dismissal respectively. Dismissal is unfair if it is for reasons other than misconduct, incapability, redundancy, retirement, breach of a statutory requirement or some other substantial reason. An employee is wrongfully dismissed if the dismissal was carried out contrary to the requirements of the contract of employment. It is a form of breach of contract and would occur if, for example, you fail to give the due length of notice. An employee requires one year of service in order to qualify for protection against unfair dismissal but no minimum service is required for wrongful dismissal.
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Lucie Mitchell

Freelance journalist and former editor of HRZone

Read more from Lucie Mitchell
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