What is wrongful dismissal? Wrongful dismissal is where an employer has breached the terms of an employee’s contract.
That could happen in a wide range of instances, but it’s most commonly associated with termination without notice or notice pay. It can also include other things and certain aspects of contracts might not be adhered to, but that is the basic principle.
Essentially, wrongful dismissal is what happens when an employee’s employment contract is terminated without the terms of that contract being fulfilled.
What Is A Wrongful Dismissal?
We’ve outlined the technical definition of wrongful dismissal, but it can look different depending on the circumstances.
Crucially, it doesn’t matter how long you’ve been employed when it comes to making a wrongful dismissal claim. If you think you might have a case for wrongful dismissal, you should speak to a legal expert as soon as possible to ensure that you receive legal advice on how best to proceed.
This is just one point where wrongful dismissal differs from unfair dismissal.
Unfair dismissal is a case where an employee was either not given a fair reason for their dismissal, there was not enough reason to justify their dismissal, or the employer didn’t follow a full and fair dismissal procedure.
What Happens Next With Wrongful Dismissal?
If you believe you’ve been wrongfully dismissed, you should seek legal advice, whether that’s from a union representative, the Citizen’s Advice Bureau, or a solicitor.
If your dismissal was as part of a disciplinary procedure, you should seek advice as to whether the proper process was followed.
The Acas Code of Practice on disciplinary and grievance procedures is the minimum standard that businesses are expected to adhere to, although they may have their own workplace policies that have differences to better reflect the requirements of your business.
So, that’s usually a good place to start to see whether the process was followed. You should also check your employment contract and employee handbook or ask your employer (or former employer) for a copy of their disciplinary and grievance procedure.
So, if you believe your employer HAS NOT followed the requisite guidance and standards with regards to a disciplinary procedure, this will ALSO factor into your wrongful dismissal claim.
How Do I Make A Wrongful Dismissal Claim?
When it comes to wrongful dismissal, fairness is not a factor that is considered.
There’s no requirement for a minimum period of employment to bring a wrongful dismissal claim to an Employment Tribunal, and an employer may rely on facts they found out after the matter in their justification.
This is a key difference and one of the reasons why a dismissal might be considered wrongful but not unfair, as it comes down to legal differences in the rulings.
The usual process is for ACAS Early Conciliation to begin within three months of the termination of employment where it goes to the County or High Court in Employment Tribunals. However, employees have as long as 6 years from the date of termination to bring a claim.
Compensation for wrongful dismissal will include the net value of salary and contractual benefits to the employee, so essentially all of the benefits and salary you WOULD have received had you been allowed to work your notice period as agreed in your employment contract.
This figure is capped at £25,000 in an Employment Tribunal, but there is no cap on the award in County or High Courts.
Wrongful Dismissal Solicitors Near Me
If you’ve been wrongfully dismissed, it can be hard to know where to start.
But the important thing is that you seek legal advice to understand what your situation is and what steps you can take.
At Solicitors Near Me, we’re here to help.
We’ll connect you with expert employment solicitors to assist with your wrongful dismissal case for FREE. Yep, until you decide to proceed with a solicitor, you won’t pay a single penny.
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