Summary

A dismissal can lead to legal proceedings for wrongful dismissal. This is essentially a common law claim. The normal forum for common law claims is the County Court (or the High Court in high-value cases) or, in Scotland, the Sheriff Court. The main issue would be whether or not the dismissal was a repudiatory breach of contract. Reasonableness and procedural issues — so important in an unfair dismissal claim — are irrelevant in a breach of contract claim as the question is simply whether or not the employer acted in breach of the employee’s contract.

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