Employment Bods of RoF
arbiterofgoodtaste 14 May 19 13:21
Reply |

We've accidentally filed a defence against a wrongful dismissal claim whilst only really mentioning unfair dismissal.

All the facts are essentially right and the defence is in there (sacked for gross misconduct in line with contract without notice) but it could definitely have been clearer vis a vis wrongful dimissal.

Is there a need / option to file an amendment or will the tribunal look at the actual facts even if the defence isn't targeted quite right?

1. notify your insurers. 

2. apply clean pants

3. no one will care, its not real law

1. in-house so no insurance

2. the nature of the work means its commando and a dark brown suit every day at work

3. thats what I'm kind of hoping

Claimant is presumably not getting more than their £2k notice pay (which we've already offered) so not a massive deal but I prefer to look less like a moron.

Wrongful dismissal is totally different to unfair dismissal.  Wrongful dismissal is a breach of contract.

Presumably they are claiming they should have been paid notice as summary termination wasn’t justified?

If that’s right the Tribunal has to conclude on whether summary termination was justified.  If it was, the wrongful dismissal claim goes nowhere.  If it wasn’t, it flows anyway.  If you’ve pleaded that the dismissal was fair, you’ve already pleaded against the wrongful dismissal.

I’d probably seek to amend the response with this expressly included, but I wouldn’t worry about it.  Also consider if in the ET there is a £25k cap on the value of a wrongful dismissal claim.  If you haven’t noted that cap and it’s relevant, I’d do that too.

 

Cheers.  Yes they are after their £2k notice pay (plus a bunch of stuff they clearly don't have a contractual entitlement to, like continued pay up to the date we settle with them). 

We have plead that the dismissal was fair so I will pretend my beautiful looking pleading aren't quite as shitty in substance as they are and just ignore this.

Its either our head of HR or some poor baby bazza that will end up in front of the tribunal anyway...