Coursework Lecturer: Malika Mukimova

Differences between Unfair and Wrongful dismissal

One of the primary distinctions between wrongful termination and unjust dismissal is that the former is controlled by contract standards and the latter by its own legislative regulations. To pursue an unjust dismissal suit, the employee must establish both his credentials and his dismissal. If the employee fits these conditions, the employer's firing must be justified. Whether the reason for dismissal is just or unjust "depends on whether the employer acted reasonably or irrationally in the circumstances in considering it sufficient reason to discharge the employee," an assessment of the employer's business's size and administrative resources will be considered and "determined according to the case's fairness and material circumstances." The Tribunal should not substitute its own judgement for the employer's. The unfair dismissal clause was enacted in response to the wrongful dismissal provision's inability to redress a procedurally erroneous dismissal. Historically, claims of wrongful and unjust dismissal were addressed independently. Unjust dismissal proceedings took place in labour tribunals, whereas wrongful dismissal cases took place in district courts, high courts, and other venues, depending on the amount sought. That viewpoint has shifted at this point. Employment tribunals can now examine claims for wrongful dismissal of less than £25,000. There are several prerequisites for employment tribunals to consider claims of unfairly fired employees. The Employment Tribunal has jurisdiction over a breach of contract only if it pertains to the termination of the employment contract; their authority does not extend to matters arising out of the contract's actual execution. Another key difference is that the authority of the Labour Tribunal is also limited to the remedies they can enforce; they cannot issue injunctions or declarations because they are the product of legislation, they do not have the same nature and inherent power as the civil courts. The two types of discharge have different circumstances. A claim of wrongful termination can be made by anyone involved in a service contract. And a claim of wrongful termination applies only to employees. To conclude, the fundamental distinctions in obtaining an effective remedy vary from the complainant's right to pursue each claim all the way to the complainant's remedy limitations.