What is the difference between wrongful and unfair dismissal claims?

Unfair dismissal claims generally require a qualifying period of either one or two years’ continuous employment, except in cases where the dismissal is automatically unfair). Whereas a wrongful dismissal claim doesn’t need a qualifying period. Therefore, an employee who has only been employed for a day could be entitled to bring a claim for wrongful dismissal.

What is a summary dismissal?

This refers to dismissal without notice. Dismissing an employee with no or inadequate notice will nearly always lead to the right to bring a wrongful dismissal claim as well as an unfair dismissal claim. This is not the case where there has been an act of gross misconduct by the employee which justifies the employer’s actions to dismiss the employee without notice.

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