Unfair or Wrongful Dismissal Lawyers  | Guernsey

Dismissal

Unfair dismissal and wrongful dismissal are two distinct legal concepts related to the termination of employment.

Unfair dismissal occurs when an employer terminates an employee’s contract with a fair reason or fails to follow the proper procedures. It typically applies to employees who have been with the company for a minimum period, usually one year and includes dismissals for reasons such as discrimination, retaliation, or failing to provide a valid justification.

Wrongful dismissal refers to a breach of the terms of the employment contract, such as not giving the required notice period. It doesn’t consider the reasons for the dismissal but focuses solely on whether the employer adhered to the contractual obligations.

Wrongful dismissal claims can be pursued by employees regardless of their length of service.

While unfair dismissal claims are heard by employment tribunals, wrongful dismissal claims can be taken to court of necessary.

Both types of claims aim to ensure that employees are treated fairly and in accordance with the law and their contractual rights.