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Lesson 27 C2aC2bC2cC2d

Wrongful and unfair dismissal

In this lesson, you'll learn the critical distinctions between wrongful and unfair dismissal—two concepts that often confuse students but carry very different legal consequences.

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In this lesson

  1. 0:00 Termination of employment overview
  2. 0:28 Notice periods and statutory minimums
  3. 1:18 Constructive dismissal explained
  4. 2:28 Types of dismissal summary
  5. 3:37 Wrongful dismissal and breach of contract
  6. 4:16 Unfair dismissal statutory rights
  7. 5:55 Wrongful dismissal remedies and damages
  8. 8:25 Unfair dismissal tribunal claims
  9. 10:08 Fair reasons for dismissal
  10. 12:44 Employer reasonableness and procedures
  11. 14:30 Automatically unfair dismissal grounds

About this lesson

Wrongful dismissal is a breach of contract (typically when proper notice isn't given), while unfair dismissal is a breach of statutory rights under the Employment Rights Act 1996. You'll explore when each applies, the procedures employers must follow to act reasonably, automatically unfair grounds (such as pregnancy, trade union membership, or health and safety enforcement), and the remedies available through employment tribunals and civil courts. This knowledge is essential for the Corporate and Business Law module and helps you advise on employment termination scenarios in case studies. The lesson covers termination of employment from both employer and employee perspectives, starting with statutory notice periods and the concept of constructive dismissal—when an employee resigns due to serious breach of contract by their employer. You'll understand summary dismissal (instant dismissal for gross misconduct) and learn why the burden of proof differs between wrongful and unfair dismissal claims. The employer must prove they acted reasonably and had a fair reason (conduct, capability, redundancy, legal prohibition, or substantial reason) to dismiss. Throughout, worked examples illustrate real-world scenarios, such as demotion without justification or dismissal within two years of employment, helping you apply these principles confidently in exam questions and professional situations.

Duration: 15m

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