Wrongful dismissal and damages

Produced by Tolley in association with

Employment Tax

Guidance

Damages

The employee suffering breach of contract by way of a wrongful dismissal is to be put into the position that they would have been in had the contract been properly performed. Damages are assessed on the assumption that the employee would have performed the contract in the way least burdensome to themselves and that the employer would have given notice at the earliest opportunity.

If an employee is deemed to be wrongfully dismissed, they will be entitled to compensation for all the benefits to which they would have been contractually entitled had they remained employed until:

•
the end of their notice period
•
in the case of a fixed or limited-term contract that cannot be terminated on notice, the expiration of that contract

The benefits that will be considered in assessing damages include:

•
salary
•
pension

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Andy Williams

Legal Director at Charles Russell Speechlys , Employment Tax

Andy advises on all aspects of employment law, with particular expertise in advising companies on large scale workforce issues such as changing the terms of their pension arrangements for staff, reorganisations, changes to terms and conditions and TUPE transfers/outsourcing arrangements. He also has substantial experience of Tribunal work and negotiating severance packages with (and for) senior executives, as well as dealing with other contentious issues such as breach of confidentiality, team moves and post-termination restrictions. In addition, Andy regularly advises on the employment and pensions aspects of corporate transactions, such as sales and purchases of businesses, group restructuring exercises and funding investment projects. He also presents seminars and delivers tailored training sessions to clients, as well as writing for a variety of publications.

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