What is wrongful dismissal?
The term ‘wrongful dismissal’ describes situations when an employer ends an employment contract in a way that breaks the terms written into it.
If your employer ignores their contractual obligations towards you, then you have the right to claim compensation at an employment tribunal. For example, if your contract was terminated without your employer giving you the agreed notice period, that would be considered wrongful termination and grounds for a claim.
Wrongful dismissals are different to unfair dismissals. A dismissal is only wrongful if it breaches your contract. A dismissal is unfair if it breaches your statutory rights. An example of a statutory right is your right to earn the minimum wage.
How long do I need to be employed to make a claim?
Unlike other areas of employment law, there is no minimum qualifying time period for making a wrongful dismissal claim.
To claim unfair or constructive dismissal, employees must have been with the employer for at least two years. But it doesn’t matter if you have been working at the company for two weeks, two years or two decades – you can still pursue a claim for wrongful dismissal.
There is a limit on how quickly you can claim after the dismissal, though. If you wish to take your case to the employment tribunal, you must do so within three months.
Claiming compensation for dismissal
If your employer has broken their contractual obligations, you are entitled to claim compensation.
For your wrongful dismissal claim to be successful, you need to be able to prove beyond doubt that your contract has been breached and show evidence of the losses you suffered as a result. This can include the wages or benefits you would have received if your dismissal was handled properly.
Judges will also consider how easy it may be for you to find a new job in the future. Before starting formal proceedings, you should thoroughly read through your employment contract and ideally obtain a copy of it.
Wrongful dismissal guidance and support
Employment law solicitors for wrongful dismissal claims
Our expert employment law solicitors will handle your case on a no-win, no-fee basis to ensure you the best chance at success with the minimum stress and financial risk.
Our solicitors are fully qualified and have years of experience winning wrongful dismissal cases.
We understand that being wrongfully dismissed can have a large impact on your work and home life. Our team will be there to support you when you need it most, fighting your corner to get you the result you deserve.
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