Book contents
- Frontmatter
- Contents
- Preface
- Table of Cases
- Table of Statutes
- Table of Statutory Instruments
- Table of EU Instruments
- Table of ILO Instruments
- Table of Other International Instruments
- Abbreviations
- Part I Introduction
- Part II The Contract of Employment
- Part III Statutory Regulation of the Employment Relationship
- Part IV Collective Labour Rights
- Part V Termination of Employment
- 18 Wrongful Dismissal
- 19 Unfair Dismissal
- 20 Economic Dismissal
- Index
18 - Wrongful Dismissal
from Part V - Termination of Employment
Published online by Cambridge University Press: 02 October 2025
Book contents
- Frontmatter
- Contents
- Preface
- Table of Cases
- Table of Statutes
- Table of Statutory Instruments
- Table of EU Instruments
- Table of ILO Instruments
- Table of Other International Instruments
- Abbreviations
- Part I Introduction
- Part II The Contract of Employment
- Part III Statutory Regulation of the Employment Relationship
- Part IV Collective Labour Rights
- Part V Termination of Employment
- 18 Wrongful Dismissal
- 19 Unfair Dismissal
- 20 Economic Dismissal
- Index
Summary
Employees who have been dismissed may bring a claim under the common law for wrongful dismissal where the dismissal was a breach of contract. Compensation for wrongful dismissal is usually limited to compensation for a period of reasonable notice of dismissal. Statute provides minimum periods of notice that must be given. Compensation for failure to give proper notice can be avoided if the employer can demonstrate that the employee committed a repudiatory breach of contract. Claims for compensation for other kinds of breach of the terms of the contract may be available, but there can be no compensation for breach of the implied term of mutual trust and confidence in the context of dismissal. Nor can damages be obtained for breach of a contractualdisciplinary procedure; an employee can only obtain an injunction to require the employer to follow the correct procedure. In general, however, injunctions against dismissal are unavailable because of the breakdown of mutual trust and confidence between employer and employee.
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- Labour Law , pp. 817 - 860Publisher: Cambridge University PressPrint publication year: 2025
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