When Does The Termination Of A Contract Amount To A Wrongful Dismissal?

It is perhaps not surprising, in the current economic times, that wrongful dismissal has been an issue considered by the Jersey Employment Tribunal on several occasions recently.

Wrongful dismissal claims are not new in Jersey. Prior to the introduction of the Employment (Jersey) Law 2003 these were brought before either the Royal Court or the Petty Debts Court, depending on the sum in dispute. Since the Tribunal has existed, it has had the power to deal with such a claim and since its remit is limited to a claim of less than £10,000, it means these are no longer pursued in the Petty Debts Court.

So, provided an employee is claiming £10,000 or less for sums due under the contract, they can lodge a JET1 with the Tribunal that includes a claim for wrongful dismissal either as a stand-alone claim, or as well as alleging unfair dismissal.