Wrongful Dismissal Claims
A dismissal would be considered wrongful if your employer is found to have breached your employment contract in any way.
A good example of this would be if they terminated your contract without giving you the agreed period of notice.
If you believe you have been wrongfully dismissed, you may be able to claim compensation for the losses that you suffered as a result of being dismissed.
What classes as wrongful dismissal?
The term 'wrongful dismissal' is used to describe a situation in which an employer acted in breach of the employment contract during a termination process.
The employer has in this case ignored their contractual obligations towards the employee, allowing the employee to claim compensation at an employment tribunal.
Wrongful dismissals are significantly different to unfair dismissals. Your employer needs to have breached a contractual right, whereas the breach of a statutory right would amount to an unfair dismissal.
An example of a statutory right would be the right to earn the minimum wage.
In addition to wrongful and unfair dismissals there is a last category called constructive dismissals.
Constructive dismissals are situations where an employee has taken it upon themselves to resign as a result of their employer breaking contract or statutory terms.
Withholding or deducting pay could also be considered as a breach of contract, however in this scenario you would be better off making a claim for an unlawful deduction of your wages when taking the case to an employment tribunal.
Is there a time limit on my claim?
Unlike other areas of employment law, there is no minimum qualifying time period for making a claim.
In cases of unfair or constructive dismissal a minimum service length of two years is required. It doesn't matter if you have been working at the company for two weeks or two years, you will still be able to pursue a claim for wrongful dismissal.
If you wish to take your case to the employment tribunal, you have up to three months after your dismissal to bring your claim forward.
Claiming for Damages after a Wrongful Dismissal
When employers fail to adhere to their contractual obligations, you can seek a claim for damages.
In order for your claim to be successful, you must prove beyond doubt that your contract has been breached and show evidence of the losses you incurred as a result. This can include the wages or benefits you would’ve received if your dismissal was handled properly.
Judges will also consider how easy it may be for you to find new employment in the future.
Prior to starting any formal proceedings, you should thoroughly read through your employment contract and ideally obtain a copy of it.
Employment Law Solicitors for Wrongful Dismissal Claims
At AWH Solicitors, we will handle your case on a no-win-no-fee basis and ensure you the best chance at success.
Our employment law solicitors are fully qualified and have years of experience winning wrongful dismissal cases.
AWH Solicitors supports clients with their employment tribunal claims on a no-win-no-fee basis. This means that as a client, you won’t put yourself at any financial risk.
If your case isn’t successful you don’t pay a penny, and if you do win you will keep all of the compensation awarded.
Since the 26th of July 2017 employees no longer need to pay fees to a tribunal to make an employment claim in the UK, making it possible for you to start your claim with our specialist support without spending any money.
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Please be aware that cost may differ depending on your personal circumstances.
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