Wrongful Dismissal – Your Employment Rights!

Has your employer terminated your contract without following its terms? If so, you may be a victim of wrongful dismissal UK. Unlike unfair dismissal, wrongful dismissal focuses specifically on breaches of your employment contract during termination. You could face this situation through various scenarios – perhaps you’ve been dismissed without proper notice, faced discrimination, or experienced retaliation for whistleblowing. Your rights matter, and with strict deadlines to make a claim, you should consult an employment solicitor promptly if you believe your dismissal was wrongful.

Read on to discover your legal rights, understand how much compensation you could claim, and learn the crucial steps you need to take to protect your interests.

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Wrongful Dismissal: 5 ways your employer may have broken your contract

Think your employer hasn’t played by the rules while dismissing you? Under wrongful dismissal law, you may have a strong legal case. Your employer must follow specific terms in your contract when ending your employment. If they don’t, you can take action.

Look at these common wrongful dismissal examples to spot if you have a case:

• They didn’t give you enough notice before letting you go.
• They broke other promises in your contract, written or implied.
• They ignored the disciplinary procedures written in your contract.
• They refused to pay your wages or benefits during your notice period.
• They dismissed you without following agreed performance review steps.

You might also have an unfair dismissal case if:

• You lost your job after joining a trade union.
• You were dismissed for requesting parental leave.
• You were fired for being pregnant or on maternity leave.
• You were dismissed after raising health and safety concerns.
• You lost your job for refusing to give up your statutory rights.

Wrongful Dismissal vs Unfair Dismissal: Which claim is right for you?

Wrongful dismissal vs unfair dismissal may sound similar, but they could mean very different things for your claim. Let’s break down what matters for your situation:

• Wrongful dismissal means your employer broke your contract terms, while unfair dismissal means they violated your statutory rights.
• You can claim wrongful dismissal under 2 years of service, unlike unfair dismissal which needs 2 years.
• You could claim up to £25,000 for wrongful dismissal at tribunals, while unfair dismissal claims go up to £93,878.

Caution: You’ve only got 3 months from your dismissal date to file your claim at an Employment Tribunal.

Wrongful Dismissal notice periods: What notice should you get?

Your statutory notice and reasonable notice rights are protected by law, and your employer must give you adequate time before ending your employment.

Here’s what you should receive:

• Worked 1-2 years? You’re entitled to one week’s notice minimum.
• Been there longer? Add an extra week for each year (up to 12 weeks total).
• Don’t forget – your employer must pay your full salary and benefits during this time.
• Your employer might offer Payment in Lieu of Notice (PILON); that means paying you instead of having you work your notice.

Tip: Pull out your contract right now. You might be entitled to more notice than you think.

Wrongful Dismissal claims: 7 essential pieces of evidence you need

Think you’ve been wrongfully dismissed? Your success depends on having solid evidence to back up your claim. Gather the following documentation to prove your unlawful termination case:

• All letters or emails about your dismissal.
• Proof of your notice period requirements.
• Records showing how much money you’ve lost.
• Evidence if you faced discrimination or retaliation.
• Statements from colleagues who witnessed what happened.
• Your employment contract showing what you and your employer agreed.

Wrongful Dismissal during probation: Know your rights

Still in your probation period or on a fixed-term contract? Don’t assume you have no rights. Even during wrongful dismissal during probationary period, your employer must still follow the rules:

• They can’t discriminate against you.
• They can’t ignore your basic legal rights.
• They must stick to your probation terms.
• They need your agreement to extend probation.
• They must give you the notice period in your contract.

On a fixed-term contract?

• Your notice period still applies.
• Early dismissal must follow your contract terms.
• Rolling contracts might give you extra protection.
• Breaking the contract early could be wrongful dismissal.

Wrongful Dismissal compensation: What could you be owed?

Wondering how much compensation you could receive for your wrongful dismissal compensation claim? The amount depends on what you’ve lost, and you might be entitled to more than you think:

What can you claim for?

• Your lost salary during the notice period.
• Loss of your statutory employment rights.
• Any commission or bonuses you would have earned.
• Other losses directly linked to your wrongful dismissal.
• Your benefits package (pension, healthcare, company car).

While employment tribunals cap compensation at £25,000, civil courts have no upper limit. Remember though, you can only claim for losses during your notice period, and you’ll need to prove you’ve actively looked for new employment.

Do I need a lawyer for my wrongful dismissal?

Understanding how to prove wrongful dismissal can be complex, which is why having a specialist employment lawyer by your side can make a huge difference to your case’s success.

What your lawyer will handle:

• Stand up for you at the tribunal.
• Fight your corner with your employer.
• Spot other claims you might have missed.
• Tell you honestly if you have a strong case.
• Deal with all the complex legal paperwork.
• Make sure you don’t miss crucial deadlines.
• Calculate exactly what compensation you deserve.

FAQs

1. Can I claim wrongful dismissal if I was forced to resign? Yes, if your employer’s conduct forced you to resign (constructive dismissal) and breached your contract, you can claim wrongful dismissal.
2. What happens if my employer goes bankrupt during my claim? You can claim from the National Insurance Fund, which can pay statutory notice pay and some other contractual entitlements.
3. Can my employer counter-claim against me? Yes, your employer can counter-claim if they believe you breached your contract, such as by not working your notice period.

Wrongful dismissal claims require quick action and strong evidence to succeed. With just three months to file your claim and compensation potentially reaching £25,000 at tribunals, seeking prompt legal advice could be crucial to protecting your rights and securing the compensation you deserve.

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KEY TAKEAWAYS:

• A wrongful dismissal occurs when your employer breaks your employment contract during the dismissal process, whether by not giving proper notice or failing to follow agreed procedures.
• Unlike unfair dismissal, you can claim wrongful dismissal from day one of your employment, with compensation up to £25,000 at tribunals and no limit in civil courts.
• You must gather solid evidence including your contract, dismissal documentation, and proof of financial losses to support your claim.
• Even during probation or fixed-term contracts, you maintain basic legal rights and protection against discriminatory dismissal.
• You have just three months from your dismissal date to file a claim at an employment tribunal.