What can I claim for in a wronful dismissal claim.

tigeress289

About to get papers to file a wrongful dismissal claim through the county court. Only worked for 5 months and sacked with no warning. Need any advice on claim. I am sure I can claim 1 weeks wages plus maybe a bit of holiday but can I claim any other kind of damages?
thanks

McKneff

Whoa, whoa, you are going far too fast.

For a start, you can be dismissed for anything or nothing in the first 2 years of employment.

You are entitled to notice pay and any accrued holidays, your company should pay you this automatically.
Thats normal.

If you give us the circumstances we can help you further.

Uncertain

McKneff wrote: »

Whoa, whoa, you are going far too fast.

For a start, you can be dismissed for anything or nothing in the first 2 years of employment.

Well, nearly. Certain things are protected against unfair dismissal from day one.

McKneff wrote: »

You are entitled to notice pay and any accrued holidays, your company should pay you this automatically.
Thats normal.

Yes, the OP can certainly claim for that.

Also, if the firm has a laid down disciplinary procedure and failed to follow it s/he could claim for pay for however long it would reasonably have taken to have done things properly (plus whatever holiday would have accrued during this period).

The claim would be to an employment tribunal, not the county court, and must be lodged within three months of leaving.

Finally, if you were not given written particulars of employment (i.e a "contract") within two months of starting you can add this failing to the claim. It MAY get you some extra money.

McKneff

Far too much speculating.

The OP should clarify first before we can advise on anything.

Uncertain

McKneff wrote: »

Far too much speculating.

The OP should clarify first before we can advise on anything.

I haven't speculated at all!

I have just said IF this THEN that.

SueC_2

Excuse my ignorance, but does Wrongful Dismissal even still exist? Haven't heard about it for years, everything seems to revolve around Unfair Dismissal these days...?

katsu

Uncertain wrote: »

Also, if the firm has a laid down disciplinary procedure and failed to follow it s/he could claim for pay for however long it would reasonably have taken to have done things properly (plus whatever holiday would have accrued during this period).

Arguing the disciplinary procedure was not followed is only relevant in this case if the procedure was contractual - hardly any ever are.

Uncertain

Yes!

They are two totally different things.

Unfair dismissal is a judgement on whether it was "fair" (legally) and is subject to qualifying periods etc.

Wrongful dismissal is effectively breach of contract and has no qualifying periods. Either the contract was followed or it wasn't.

Uncertain

katsu wrote: »

Arguing the disciplinary procedure was not followed is only relevant in this case if the procedure was contractual - hardly any ever are.

I agree but I would put the percentage somewhat higher than "hardly any".

tigeress289

Firstly, Thank you all for such speedy help. A year ago I asked here, if I had a claim for wrongful dismissal as an employee. I worked at a school as the site manager and on starting filled in a CRB, which I declared I had a previous conviction. I was list 99 at the same time and cleared. I carried out my duties and it was said I achieved more in 5 months than in the previous 7 years. The local authority HR threatened the head to dismiss me after it came across my CRB. No warning and I was gone. 1 year on, I have just served the pre action notice as I was misled for 5 months that I would be getting the job back. In the year since I have uncovered quite a lot and have got some good results. The next step is to file the summons as I need to win, to set a precedent on employment law. I am about to fill in my claim form and need to know if there are any damages I can claim for. thanks

SueC_2

tigeress289 wrote: »

as I need to win, to set a precedent on employment law.

I'm sorry to appear negative, but if you are hoping to set a precedent on employment law I can't help but feel that you may need more specialist legal advice than that from a load of strangers on a forum who may or may not know what they're talking about, but certainly don't know the ins and outs of your case.