Can you make simultaneous claims for both wrongful and unfair dismissal?

An unfair dismissal claim is heard by an Employment Tribunal. An employee has three months from the date of their dismissal to file their claim with the Employment Tribunal. An Employment Tribunal is able to award compensation to an employee if they find that the employee was unfairly dismissed. The maximum award is currently capped at £65,000 for unfair dismissal claims.
A wrongful dismissal claim can be heard in an Employment Tribunal or the civil courts. An employment Tribunal is only allowed to award up £25,000 in compensation. The employee has six years to bring a breach of contract claim before the civil courts, and the courts do not have a cap on the amount of damages they can award.

It is possible for an employee to bring a wrongful dismissal claim and an unfair dismissal claim simultaneously in an Employment Tribunal. Both claims will usually be heard and decided together. However, if the employee’s claim for wrongful dismissal is worth more than £25,000, their employment solicitor may recommend pursuing the wrongful dismissal claim in court as a breach of contract claim.

This is because the court can award higher damages and may not hear the claim once an Employment Tribunal has already heard it. In the case Fraser v HLMAD Ltd [2007] the court held that Fraser, the employee, no longer has a cause of action to pursue in court as an Employment Tribunal had already awarded him compensation for wrongful dismissal.

Although it is possible to claim for wrongful and unfair dismissal simultaneously, it may not be in an employee’s best interest. They are advised to seek legal advice from an employment solicitor regarding the best way to proceed with their claim.

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