Wrongful Dismissal meaning

In this issue: Public procurement Brexit highlights Brexit SIs Post-Brexit transition guidance Equality and human rights Constitutional and administrative law Judicial review Subsidy control and State aid Other Public law news Daily and weekly news alerts New and updated content Dates for your diary Trackers Useful information Public procurement New National Procurement Policy Statement published ahead of PA 2023 go-live The Cabinet Office has issued a refreshed National Procurement Policy Statement (NPPS) that outlines strategic priorities for public purchasing. Laid before Parliament under section 13(3)(c) of the Procurement Act 2023, it takes effect on 24 February 2025 to align with the PA 2023 go-live and will continue unless withdrawn, revised or replaced. Alongside the NPPS, government has released two new Procurement Policy Notes focused on small business procurement spend targets and social value. It has also set out plans for a suite of tools and measures to further enable...

In this issue Horizon scanning Immigration Protected characteristics Prohibited conduct (discrimination etc) Diversity and gender pay gap Whistleblowing Employee rights to be informed and consulted Data protection and employee information Financial services and banking: employment issues Grievances Issues arising on termination Employment Tribunals Dates for your diary Trackers New Q&As Employment resources on Lexis+® LexTalk®Employment: a Lexis®Nexis community Daily and weekly news alerts Horizon scanning House of Lords pings the Employment Rights Bill back to the House of Commons At what looked to be the concluding phase of the Employment Rights Bill’s journey through Parliament, the House of Lords on 28 October 2025 voted to return certain amendments to the Commons. Among these, the Lords backed a change to the unfair dismissal qualifying period: instead of scrapping the requirement entirely, the proposal would shorten it from two years to six months...

Individuals who succeed in wrongful dismissal proceedings, leading to a compensation award, can be paid specified amounts either ahead of or after the time at which they would have obtained those amounts if they had continued in employment, as applicable...

Practice Note This Practice Note explores the questions that arise concerning the application of liquidated damages clauses as a substitute for seeking damages for breach of contract. It looks at instances of liquidated damages clauses for either the employer or the employee. It contrasts enforceable liquidated damages terms with penalty provisions and reviews the inclusion of repayment terms. Relevant case law is likewise analysed...

This Practice Note examines the two different statutory definitions of 'redundancy'. This Practice Note explores the two statutory meanings of ‘redundancy’. The first appears in the Employment Rights Act 1996 (ERA 1996). Whether that definition is met determines: if an employee qualifies for a statutory redundancy payment (see Practice Note: Entitlement to statutory redundancy payment) if, in an unfair dismissal claim, redundancy is the reason for dismissal (one of the potentially fair reasons—see Practice Note: Reason for dismissal—redundancy) For further detail on this first definition, see: Redundancy payment entitlement, and fair reason for dismissal, below. The second statutory definition is set out in the Trade Union and Labour Relations (Consolidation) Act 1992 (TULR(C)A 1992) and applies to collective redundancy contexts. That definition must be satisfied—together with other requirements—before any duty arises to inform and consult appropriate representatives (see Practice Note: Collective redundancy—the triggers for the statutory consultation obligations). For more on this second definition, see: for collective redundancy consultation, below. ...

Insert in para 6.1 of response form ET3: It is [ accepted OR not accepted OR denied ] that the Claimant was employed by the Respondent [ at its [ insert details, eg London office ] ] as [ insert job title, eg an electrician ] from [ insert date ] until [ his OR her OR their ] dismissal on [ insert date ]. It is [ accepted OR denied ] that the Respondent is [ insert brief description of the nature of the Respondent, eg a nationwide property maintenance service ]. For the reasons set out below, the Respondent denies that the Claimant was unfairly [ and/or wrongfully ] dismissed, as alleged or at all. [ It is further denied that the Respondent [ insert details of any other claims, eg automatically unfairly dismissed the Claimant under section 152 of the Trade Union and Labour Relations (Consolidation) Act 1992 (TULR(C)A 1992), automatically unfairly selected the Claimant for redundancy under section 153 of TULR(C)A 1992,...

This overview sets out general information and guidance on unfair dismissal claims, the deadlines for issuing a claim, who may qualify to bring one, the statutory tests for fairness where an employer intends to end an employee’s employment, and the remedies available if a claim succeeds. Your employment solicitor can offer tailored advice based on your situation and circumstances if required. What is an unfair dismissal? Under the Employment Rights Act 1996 (ERA 1996), an employee has the right not to be unfairly dismissed by their employer. A dismissal is unfair if it fails to meet the requirements of the ERA 1996...

[ Insert in para 6.1 of response form ET3: ] It is [ accepted OR not accepted OR denied ] that the Claimant was engaged by the Respondent as a [ insert job title, eg ‘Senior Accountant' ] from [ insert start date of employment ] up to [ his OR her OR their ] dismissal on [ insert end date of employment ]. It is further [ accepted OR denied ] that the Respondent is [ insert brief description of the nature of the Respondent, eg an internet service provider ]. The Respondent rejects any assertion that the Claimant was unfairly [ and/or wrongfully ] dismissed [ and/or that there was a failure to comply with the statutory right to be accompanied by a trade union representative or colleague at a disciplinary hearing ], whether as alleged or at all. [ The contract of employment ] [ It is [ accepted OR not accepted OR denied ] that the...

Where an employer provides less notice of termination than is required under the employment contract (or none at all), they will have ended the employee’s employment in breach of the contract of employment; in other words, this will constitute a wrongful dismissal...