Relation To Unfair Dismissal
A wrongful dismissal can be a fair or unfair dismissal, just as an unfair dismissal may or may not be a wrongful dismissal in terms of whether the correct notice was given.
If the employee had one year's service he could claim unfair dismissal if there was something wrong with the decision to dismiss as opposed to the length of notice. If the wrongfulness was the lack of grounds then is it pretty certain to also be an unfair dismissal.
The unfair dismissal claim would, if he is well advised, be in respect of the post-termination period and sue in court for wrongful dismissal in respect of the notice period, thus stretching out the statutory limits by making the unfair dismissal limit only start running from a later date to allow perhaps more loss of earnings and ignoring the breach of contract limit by using the court instead of tribunal to deal with wrongful dismissal. The burden of proving double recovery is on the employer and tribunal awards for unfair dismissal can be vague as to what and when they are for.
Read more about this topic: Wrongful Dismissal
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