Wrongful Dismissal
Unless your employment is terminated summarily for gross misconduct in justifiable circumstances, you will be entitled to receive notice or payment in lieu of notice. Often, an employee’s notice entitlement will be stipulated within a written employment contract. Where this is the case you are entitled to salary for the period stipulated in the contract.
Where you do not have a written contract, or it does not contain details of your notice period, you will be entitled to the minimum period of notice as stipulated by statute. This is:
- Not less than one week’s notice if you have worked for less than two years;
- Not less than one week’s notice for each year of continuous employment if your employment is two years or more but less than twelve years; and
- Not less than twelve weeks notice if your period of continuous employment is twelve years or more
Where you did not receive your notice entitlement, you may have a claim for wrongful dismissal.
For further information contact our team or your usual contact in the firm.