Differences between Wrongful and Unfair Dismissal from an Employee Perspective

INSTITUTIONAL AFFILIATION(S)
MANAGING EMPLOYEE RELATIONS
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Identify the major differences between wrongful and unfair dismissal and consider the
advantages and disadvantages of each from an employee perspective.
Answer:
Wrongful dismissal can be associated with dismissal of employee under the breach of
contract. In other words, it is an act where the employer has dismissed the employee without
giving any proper notice as laid in ‘Contract of Employment’ of the firm. There may be
certain exemption like conditions where employer has to dismiss the employee for
conducting a foul act. Employees can even claim for the damages for violating contractual
obligations. Those claims can be compensated from benefits and pay of employee that is
ascertained according to the contract’s terms. Making such claims does not requires time
consideration for work by employee and thus requirement of working further more to settle
the claims is not required. Although, the company can bring upon the claim before County
Court or The high court and Employment Tribunal, depending upon the amount of claim
(Knowles, 2017).
On the other hand, unfair dismissal can be defined as a statutory right that is laid in
Employment Rights Act. According to the act, if any employee is dismissed for any reason
that has not been mentioned within the scope of five potential reasons, then it is considered as
an unfair dismissal. Under such circumstances it is assumed that the employer has not acted
reasonably and had treated the employee’s dismissal procedure with incompetent reasons.
Since the employer is being unfair in this condition, the Employment Tribunal can order
reengagement, reinstatement or compensation (Isaac, n.d.). In most cases, employee is
required to have given a service for at least two years before filing unfair dismissal claim in
front of the Employment Tribunal. However, exceptional case like dismissal due to the