OVERLAPPING CLAIMS

A dismissed employee may have more than one potential claim against his employer.

WHERE EACH CLAIM CAN BE BROUGHT

Wrongful dismissal The wrongful dismissal action is a breach of contract action which may

be brought as a court action or pursued in an employment tribunal.

Unfair Dismissal The unfair dismissal claim is pursued only in an employment tribunal.

WHAT OVERLAPS ?

UD and WD a dismissal that is both unfair and without proper notice or within a

fixed term can give rise to both an unfair dismissal claim and a wrongful

dismissal action.

Red, UD If an employee is unfairly selected for redundancy, he will be entitled to a

redundancy payment and be able to present an unfair dismissal claim.

Red, UD and WD All three claims of wrongful dismissal, redundancy payment and unfair

dismissal would be available to the employee unfairly dismissed without

proper notice by reason of redundancy.

Short Notice Period In the case of a less well paid employee who is only entitled to a short

period of notice, the unfair dismissal claim is usually more advantageous

as compensation for future loss can extend beyond the employee’ s

notice period.

DEDUCTIONS- As provided by Notary public solicitors in London

WD and UD If both claims are brought, and both succeed, the basic principle is that

compensation will not be awarded for the same loss twice. The tribunal

will deduct the breach of contract damages awarded from the

compensatory award for unfair dismissal.

Red payment and UD

The redundancy payment will be set against the UD award. Usually it will simply offset the basic

award, but if it exceeds the basic award (eg because the basic award has been reduced by

contributory fault) the remainder will reduce the compensatory award. The excess redundancy

payment should be deducted after the other deductions (eg for contributory fault) have been

made.

Red payment and WD

Since a redundancy payment is a reward for past services, and a WD payment is an award for

future loss, a redundancy payment is not taken into account in awarding damages for WD.

A discriminatory dismissal (DD)

If a person is dismissed for reasons relating to sex or race or disability, this is not automatically

unfair but, in practice, will often be found to be unfair.

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UD and DD

A claim for unfair dismissal may be pursued alongside a discrimination claim. Discrimination

awards are not subject to any maximum figure and can include an award in respect of injured

feelings. In addition, no eligibility conditions need be satisfied.

As against this, the award for UD includes a basic award in addition to compensation.

Alternatively, re-engagement or reinstatement may be ordered.

If both claims are pursued, s 126 of ERA 1996 provides that compensation cannot be awarded

again in respect of any loss or other matter which has already been taken into account in dealing