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employee 
where the 
employer's conduct
breaches the contract of 
employment: this is 
constructive dismissal
The 
statutory minimum 
period of notice to be given is determined by the employee's length of 
continuous service with the employer. Longer periods may be written into the contract, at the employer's 
discretion, and by agreement. Either party may waive their right to notice, or accept payment in lieu of 
notice. An employee is entitled to a written statement of the 
reasons 
for dismissal. 
3.4 Wrongful dismissal 
Wrongful dismissal
is dismissal that breaches the 
contract of employment
. An example would be failure 
to give the contractual period of notice (assuming the circumstances did not justify summary dismissal). 
Wrongful dismissal relates to the method of dismissal. 
3.5 Unfair dismissal 
The legal concept of unfair dismissal gives protection to the employee against 
arbitrary
dismissal; that 
is, dismissal without good reason. A dismissal need not be wrongful to be unfair. The basic principle is 
that any dismissal is potentially unfair. Under employment protection legislation, the employee has to 
prove
that they have been dismissed. The onus is then on the 
employer to prove 
that the dismissal was 
fair
. Examples of dismissals that would be unfair would be dismissing an employee who has legitimately 
'whistleblown' on unethical practices or dismissal as a result of an employee joining a trade union. 
3.6 Disciplinary procedures 
The use of a disciplinary system can be evidence in certain situations that an employee has not been 
dismissed unfairly. 
3.7 Redundancy 
Redundancy 
is dismissal under two circumstances. 
(a) 
The employer has ceased to carry on the business at all or in the place where the employee was 
employed. 
(b) 
The requirements of the business for employees to carry out work of a particular kind have 
ceased or diminished or are expected to.
Compensation 
is a legal entitlement, and encourages employees to accept redundancy without damage 
to industrial relations. 
The employee is 
not entitled 
to compensation in three circumstances. 
(a) 
The employer has made an offer of suitable alternative employment and the employee has 
unreasonably
rejected it. 
(b) 
The employee is of pensionable age or over, or has less than two years' continuous employment. 
(c) 
The employee's conduct merits