Employment

This is an answer to an enquiry made to this Forum.

Because you have not been employed for more than one year a claim for unfair dismissal will not be available to you.  You may have a claim for wrongful dismissal which can be enforced in the Courts or before the Tribunal if the claim is less than £25,000.

In a wrongful dismissal action you can claim losses suffered as follows:-

1.Those arising if you have been dismissed without the period of notice of termination to which you would be legally entitled and you have not received pay ment in lieu.

 2.  Contractual benefits  which you would have been entitled to receive during your notice period  eg if  the period of notice to which you are entitled is four weeks then you would be entitled to be compensated for four weeks worth of contractual benefits such as pension benefits, bonus payments, sickness insurance payments etc.

3.   "Stigma" damages  ie   losses which you have suffered as a result of your inability to obtain alternative employment in the labour market as a result of the stigma associated with a dishonest or fraudulent practice of your former employer.  See the case of Malik v BCCI.  In this case an employer who previously worked BCCI could not obtain alternative employment in the labour market because of the stigma associated with him having worked previously for BCCI who had engaged in fraudulent transactions and practices.

4.   Losses suffered as a result of events leading up to the dismissal which are in breach of Contract.  This would be where the events leading up to the dismissal (eg  any suspension, investigations regarding allegations against  you or your disciplinary hearing) are conducted by your employer in a manner which amounts to a breach of an implied term ( eg the implied term of mutual trust and confidence between the employer and you) and you suffer loss.

These are the heads of claim in an action for wrongful dismissal. Of course I have not seen your contract or examined the facts of your case.