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Wrongful Dismissal

Wrongful Dismissal - Wrongful Dismissal Solicitor

Wrongful dismissal arises when an employer breaches a term of an employment contract, which results in dismissal or forces an employee to leave.

Certain terms are automatically imposed into employment contracts by operation of law. Where employers breach these terms, they are liable for wrongful dismissal on the same basis as if they breached an express term of a contract.

It is worth noting that dismissal can be both wrongful and unfair: for wrongful dismissal, however, there is no service qualification period for making a claim, unlike unfair dismissal.

If you need legal advice on wrongful dismissal, regardless of where you’re located – be it in London, Manchester, Birmingham, Bristol, Leeds, Sheffield, Glasgow, Edinburgh, Cardiff, Belfast, or elsewhere – you should speak to a local solicitor who specializes in employment law.


Recently in Wrongful Dismissal Category

Constructive Dismissal: Strike 1 to "Decorative Dumb Blonde"

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There was another twist in Jordan Wimmer's £4 million constructive dismissal case against Nomos Capital founder Mark Lowe this week, as the defendant took the stand.  Lowe admitted to sending sexually explicit emails to female employees and calling Wimmer a "dumb blonde" and "decorative"; he also said he had a "marked preference" for female sales staff, which he justified as "pure commercial sense."  Wimmer also produced one email in which Lowe asked her whether an internship candidate was "cute" or "blonde."

But Lowe rejected Wimmer's claims that he'd hired escorts, who accompanied him to business meetings, and a hitman to kill her.  He also denied accusations that he made sexual advances towards Wimmer, saying he always treated her "in a gentlemanly way."

Unfair Dismissal: 18 Cathay Pacific Pilots Win $7.6m Damages

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A judge in Hong Kong has awarded 18 former Cathay Pacific pilots $7.6m in damages for  - eight years after they were dismissed.

The reports the pilots were sacked after they started a 'work-to-rule campaign' during a labour dispute.  They belonged to a group of 49 pilots, known as the 49ers, all of whom were fired.  (NB. The other 31 pilots also sued, but settled with the company.)

The labour dispute centred on the pilots' claims that they were often made to fly longer than agreed hours, with insufficient break time between flights.

At the time they were dismissed, Cathay said it was because of "frequent sick days" and "a negative attitude towards management."

But Judge Ansemolo Reyes said that "the predominant reason for the plaintiffs' termination by Cathay was their perceived participation in union activities."  The judge added: "By dismissing them, Cathay hoped to send a strong signal to other union members to comply with management's line or else face a similar fate as the 49ers."

He also ruled that the pilots were defamed by the company's statements.

Constructive Dismissal: Exec Says Boss Hired Hitman To Kill Her

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Former Nomus Capital executive Jordan Wimmer, who is suing ex-boss Mark Lowe for , , , and , has claimed he hired a Russian hitman to kill her.

Ms. Wimmer has already claimed she was .

Constructive Dismissal: City Exec Claims Boss Branded Her A Bimbo

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Jordan Wimmer, 29, of Chelsea, west London, says her boss Mark Lowe, founder and owner of Nomos Capital, branded her a "bimbo" and "stupid blonde," and forced her to quit her £500,000-a-year job as a marketing executive.  The Canadian is now suing Lowe for £4 million, claiming , , , and .

Wimmer claims was forced to watch father-of-two Lowe have a lap dance at a burlesque club in Paris "under great duress."  She also alleges he invited a young Thai escort to business meetings: "In spite of everyone else wearing formal business attire, [the escort] wore hot pants which barely covered her buttocks, stilettos, and no stockings."

Laws In The Workplace

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Constructive Dismissal: Curbishley Wins Case Against West Ham

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Alan Curbishley has won his case for  against West Ham United.  Curbishley left Upton Park in September 2008 after less than two years in charge - in circumstances very similar to - claiming he was forced to resign because the club ignored a clause in his contract giving him the final word on player transfers.

A Premier League arbitration tribunal unanimously upheld Curbishley's claim and dismissed a counter-claim by West Ham for the cost of employing Gianfranco Zola, his successor, and Steve Clarke, his assistant.  The tribunal will now assess how much compensation the club will have to pay Curbishley for .

"I am obviously delighted with this result," Curbishley said.  "I very much enjoyed my time at West Ham and never wanted to leave, but when I joined them I insisted that my contract contain a clause confirming that I would have final say on the selection of players to be transferred to and from the club.

Wrongful Dismissal: Man Sacked Over Rape Claim Awarded £25,000

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A senior council officer sacked for allegedly raping a colleague, who was awarded £25,000 for  and £16,385 for , has had his compensation reduced on appeal.

 reports the man was arrested, but his alleged victim, a service director with the council, refused to press charges.

Wrongful Dismissal: 'Look' & Learn...

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Riam Dean, 22, was born with no left forearm and has been wearing a prosthetic limb since she was three months old.  Last summer, she was working at the Savile Row branch of Abercrombie & Fitch, when one of her managers approached her and told her to get off the shop floor because she was wearing a cardigan, in violation of Abercrombie's strict dress code.

Apparently, the company has a "Look" policy, which demands that employees "maintain a consistent level of dress and grooming that represents what people expect from [the brand]."  Presumably, cardies just don't cut the mustard these days..

A worker has won £66,000 in compensation from Conservative-controlled Mid-Sussex District Council for unfair and wrongful dismissal, the reports.

Roger Mills, of East Grinstead, West Sussex, had worked for the council for 14 years and had a spotless record.  But, he had "personal differences" with his new boss, Shaun Morley, who used taxpayers' money to hire private detectives to spy on him.

After four months of surveillance, Mr. Mills was sacked for gross misconduct for "spending time at home during work hours."  However, Mr. Mills had a long-standing arrangement allowing him to work from home.