Wrongful dismissal during probationary period is a situation that can feel incredibly stressful.
Starting a new job is always difficult and feeling like the new kid at school is a feeling that nobody loves – let’s face it.
So, when you start a new role and you’re in your probationary period, you’re conscious that you’re under the microscope and you’re eager to impress…
Why is why if you’re wrongfully dismissed, it can be a difficult situation to deal with.
But there are legal protections in place to ensure that you were treated fairly and if you were wrongfully dismissed, you can take legal action.
What Is Wrongful Dismissal?
Wrongful dismissal is where an employer has breached the terms of an employee’s contract.
This might relate to notice or notice pay, but it can also relate to not giving an employee the notice period their entitled to or dismissing an employee without a notice period of notice pay.
Given that many employment contacts or terms and conditions stipulate that a probationary period must be observed, this can lead to potential contractual issues.
Basically, wrongful dismissal is where an employee’s contract of employment is terminated without the full terms of that contract being satisfied. It’s also worth being aware that it does NOT 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.
Crucially, 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 did NOT follow a full and fair dismissal procedure.
How Do I Make A Wrongful Dismissal Claim?
First things first, it will depend on how your dismissal arose.
If it was part of a disciplinary procedure, was the process followed fairly and properly?
If your dismissal has formed part of a disciplinary procedure, then you should ensure that the process was followed fairly and properly.
Because for it to be considered a fair process, it must be done in writing and needs to include potential consequences and sufficient information about the alleged misconduct or performance issues (or both).
This is so that you have time to prepare for a disciplinary meeting, as well as protect the employee, the employer, and the business.
So, if you believe your employer HAS NOT followed the correct guidance and standards in your disciplinary procedure, this will ALSO factor into your wrongful dismissal claim.
Fairness is NOT a factor when it comes to wrongful dismissal. This is where unfair and wrongful dismissal differ.
A wrongful dismissal claim might arise from actual dismissal or constructive dismissal, but if the case heads to an Employment Tribunal, then the main concern is going to be whether or not a breach of contract occurred.
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 crucial part of wrongful dismissal legislation because it means that if you were wrongfully dismissed during your probationary period, you have legal protections and you’re entitled to take legal action.
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.
Wrongful Dismissal Solicitors Near Me
At Solicitors Near Me, we understand how stressful dealing with a wrongful dismissal can be. Especially during a probationary period.
The financial and emotional toll it takes can be severe and that’s why we’re here to help…
We’ll connect you with expert employment solicitors to assist with your wrongful dismissal case for FREE.
And until you decide to proceed with a solicitor, you won’t pay a single penny.
So, to get going, just click the link below…
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