Statement Of Claim And Wrongful Dismissal  

Wrongful dismissal is an unfair employment discharge. Unfair employment discharge is also referred to as illegal discharge, wrongful firing, wrongful discharge or wrongful termination.

If an employee has been employed under a fixed term of contract which the employer has unjustifiably terminated early before the term has expired, the employee has a right to file a statement of claim based solely on the fact that the termination was in breach of contract.

An employee can bring a statement of claim for wrongful dismissal in either the civil courts, such as high court or county court or in an employment tribunal. An employee has only three months to bring the claim for wrongful termination in the employment tribunal and six years to bring the claim in the courts.

The statement of claim is a written statement of the plaintiff (the employee) in which he or she must state their case of wrongful dismissal. This statement of claim must be filed with the court. The statement of claim must include the facts which the plaintiff (the employee) sets out to support his or her case. The facts are usually numbered in paragraphs. Statements of claims are critical documents in the trail process.

The statement of claim for wrongful dismissal includes the name of plaintiff (the employee) and the defendant (employer) and other important facts as well as date of commencement of the employment contract and the end date.

If the wrongful dismissal statement of claim proves its point, the employee will be entitled to damages in the form of monetary compensation. This will be based on the wages that the employee has lost as a result of employer’s breach of contract.

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Statement Of Claim And Wrongful Dismissal

Labour Laws:

Unfair-Dismissal-Due-To-Illness      Unfair dismissal occurs when an employer does not follow fair procedures or there is no proper reason for the dismissal. The worker has the right to challenge against such dismissals. A dismissal is considered unfair if it is: More..




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