Unfair v Wrongful Dismissal

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ABOUT THIS VIDEO
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In this episode of Employment Law Matters, you’ll learn about the differences between a wrongful dismissal and an unfair dismissal claim.

It is a quirk of UK employment law that there are two separate and distinct claims that can be brought (leaving aside any issue of discrimination) in challenging a dismissal.

Unfair dismissal is a claim created by statute — currently found in Part X of the Employment Rights Act 1996. Wrongful dismissal is a contractual claim where the employee alleges that the dismissal was not carried out in accordance with the contract. Both claims can be brought in the employment tribunal, although an employee hoping to recover more than £25,000 for wrongful dismissal will need to pursue that claim in the normal civil courts.


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I'm Daniel Barnett, an employment law and HR barrister. I advise and represent clients in employment tribunal litigation. I have my main website (http://www.danielbarnett.co.uk) and work out of a set of Chambers in London (http://www.outertemple.com). I have a weekly podcast (http://employmentlawmatters.buzzsprou...) and am often asked to speak on the national and international legal and HR lecture circuits. I’ve written about fifteen legal textbooks (the main one is http://www.employmentlawhandbook.co.uk) and run a membership club for smart, ambitious HR Professionals (http://www.hrinnercircle.co.uk). I present the legal hour on LBC Radio, the UK’s leading commercial talk radio station (http://www.lbc.co.uk).

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IMPORTANT INFORMATION:
The information in this video is for general guidance only and, although I believe it was correct at the time it was recorded (November 2020), the law may have changed since then. You should always seek your own independent legal advice.

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