Best Wrongful Termination Lawyers in Aberdeen

About Wrongful Termination Law in Aberdeen, United Kingdom

Wrongful termination, more commonly called wrongful dismissal in the UK, happens when an employer breaches the employment contract when ending employment, for example by failing to give the correct notice or dismissing in breach of a contractual disciplinary procedure. It is different from unfair dismissal, which is a statutory claim about whether the employer had a fair reason and followed a fair process under UK employment law. People in Aberdeen are protected by the same UK employment laws that apply across Scotland and the rest of Great Britain, and claims are heard in the Employment Tribunal system that has venues in Scotland.

Because the terms are often confused, think of it this way. Wrongful dismissal is about contract and notice pay. Unfair dismissal is about fairness of reason and procedure under statute. In many real cases, both issues arise together, and discrimination or whistleblowing protections may also apply.

Why You May Need a Lawyer

You may need legal help if you were dismissed without notice or with less than your contractual or statutory notice, or if you were not paid holiday pay, commission, or bonuses due on termination.

Legal advice is often vital if you were dismissed for alleged misconduct or performance issues, because the employer must investigate, follow a fair process, and have a fair reason. A lawyer can assess the strength of any unfair dismissal claim and potential compensation.

If you resigned because of your employer’s conduct and believe you had no real choice, you may have a constructive dismissal situation. This is complex and benefits from early advice before resigning if possible.

In redundancy situations, you may need help checking consultation, selection criteria, and whether suitable alternative roles were considered, as well as calculating statutory redundancy pay.

If you believe the dismissal involved discrimination, whistleblowing, trade union activities, pregnancy or family leave, or health and safety issues, speak to a lawyer promptly. These can be automatically unfair and often do not require any minimum service.

If you are offered a settlement agreement, independent legal advice is required for it to be valid. A lawyer can explain the terms, tax issues, and negotiate improvements.

Strict time limits apply to claims, and starting ACAS Early Conciliation on time is crucial. A lawyer will help you protect your position and avoid missed deadlines.

Local Laws Overview

Employment status matters. Only employees can usually claim unfair dismissal. Workers and the self-employed have other rights, such as discrimination protection, whistleblowing protection, and wages claims, but not ordinary unfair dismissal rights.

Wrongful dismissal is a breach of contract claim. The most common example is dismissal without the proper notice or pay in lieu, unless the employer can show gross misconduct. Contract claims for notice and final pay can be brought in the Employment Tribunal or the civil courts. In the Employment Tribunal there is a monetary cap for wrongful dismissal awards. In Scotland, most contractual claims in the civil courts are subject to a five year prescriptive period.

Unfair dismissal depends on reason and process. Fair reasons include capability or qualifications, conduct, redundancy, contravention of a statutory duty, or some other substantial reason. The employer must act reasonably, follow a fair disciplinary or capability procedure, investigate, let you state your case, allow a companion at key meetings, and offer an appeal.

Automatically unfair reasons include pregnancy or maternity, taking family leave, whistleblowing, trade union membership or activities, asserting statutory rights such as minimum wage or working time, health and safety activities, and certain TUPE transfer situations. No minimum service is needed for most automatically unfair reasons.

Constructive dismissal arises where the employer commits a fundamental breach of contract and the employee resigns promptly because of it. If you have the required length of service, this can also be an unfair dismissal claim.

Notice and termination pay are governed by statute and contract. The statutory minimum notice is one week after one month’s service, two weeks after two years, then one additional week per full year of service up to a maximum of 12 weeks. Many contracts provide longer notice. Pay in lieu of notice and garden leave clauses affect what is owed. Accrued but untaken holiday is usually payable on termination.

Redundancy must be genuine, with fair selection and consultation. Employees with two years’ service usually qualify for statutory redundancy pay. There are strict rules on suitable alternative employment and trial periods.

Discrimination is prohibited under the Equality Act 2010 on protected grounds such as sex, disability, race, religion or belief, age, sexual orientation, gender reassignment, pregnancy and maternity, and marriage and civil partnership. Discrimination can make a dismissal unlawful regardless of length of service and there is no cap on compensation.

Settlement agreements are commonly used to resolve disputes. For validity, you must receive independent legal advice and the agreement must identify the adviser and set out the rights being waived. Pre-termination negotiations can be protected in unfair dismissal claims, but not where there is discrimination or whistleblowing.

Time limits are short. Most Employment Tribunal claims must be started within three months less one day of the effective date of termination. You must notify ACAS and start Early Conciliation before you can submit a tribunal claim. Early Conciliation usually pauses the time limit. Discrimination claims have the same primary time limit. Claims for statutory redundancy pay have a longer time limit in the tribunal. Court time limits for contract claims in Scotland are generally five years, but you should seek advice promptly.

Remedies for unfair dismissal include reinstatement, re-engagement, and compensation. Compensation is made up of a basic award calculated on age, length of service, and a capped week’s pay, and a compensatory award for financial losses, which is capped at the lower of a statutory maximum or one year’s gross pay. Figures are updated annually. Wrongful dismissal compensation is usually the net value of notice pay and any benefits due for the notice period.

Frequently Asked Questions

What is the difference between wrongful dismissal and unfair dismissal

Wrongful dismissal is a breach of contract claim, usually about notice pay or following contractual procedures. Unfair dismissal is a statutory claim about whether your employer had a fair reason and followed a fair process. You can often claim both if the facts fit, and discrimination or whistleblowing protections may also apply.

Do I need two years of service to bring a claim

You generally need two years of continuous employment to bring an ordinary unfair dismissal claim. You do not need two years for wrongful dismissal, discrimination, whistleblowing, pregnancy and maternity related dismissals, trade union related dismissals, or other automatically unfair reasons.

What are the time limits and what is ACAS Early Conciliation

Most tribunal claims must be started within three months less one day of the effective date of termination. Before you can submit a claim, you must notify ACAS to start Early Conciliation. The conciliation period usually pauses the time limit and you receive a certificate at the end. Do not miss the deadline. Seek advice early.

Can my employer dismiss me without any procedure

Summary dismissal without notice is only potentially lawful for gross misconduct, and even then the employer should carry out a reasonable investigation and fair process. In other situations, a fair dismissal normally requires a fair procedure with meetings, evidence, the chance to respond, and an appeal.

What is constructive dismissal

Constructive dismissal is when you resign because your employer seriously breached your contract, for example by not paying you, demoting you without good reason, or fundamentally undermining trust and confidence. You should resign promptly in response to the breach and state your reasons. If you have enough service, you may claim unfair dismissal, and you may also claim wrongful dismissal and other relevant claims. Get advice before resigning if possible.

I was made redundant. How do I know if it was fair

Redundancy must be a genuine business reason, and your employer should consult with you, use fair and objective selection criteria, consider suitable alternative roles, and pay statutory redundancy pay if you qualify. If the process or selection was flawed or you were targeted for an unlawful reason, you may have a claim.

What compensation could I receive if I win

For unfair dismissal, compensation usually includes a basic award based on age and length of service and a compensatory award for financial loss, subject to statutory caps that change annually. For wrongful dismissal, compensation usually covers notice pay and benefits for the notice period. If discrimination or whistleblowing is involved, additional losses and injury to feelings may be awarded, and there is no overall cap in discrimination cases.

What if I am on probation, fixed term, or zero hours

Probation does not remove your basic rights. You still have notice rights and protection from discrimination and automatically unfair dismissal reasons. Fixed term employees have protection against less favourable treatment and unfair dismissal after two years. Zero hours staff may be workers or employees depending on the reality of the relationship, which affects which claims you can bring. Get specific advice on your employment status.

Should I sign a settlement agreement

Only after you understand the terms, what claims you are waiving, and whether the offer fairly reflects your legal rights and likely compensation. You must take independent legal advice for the agreement to be valid, and employers commonly contribute to your legal fees. Some termination payments may be tax free up to a threshold set by HMRC. A lawyer can negotiate better terms where appropriate.

How much will it cost and are there tribunal fees

There are currently no fees to issue an Employment Tribunal claim. Legal costs vary depending on complexity and the stage at which the case resolves. Funding options can include fixed fees for advice, no win no fee arrangements in some cases, trade union representation, legal expenses insurance attached to home insurance, and pro bono help from advice organisations.

Additional Resources

ACAS. Offers a free helpline, guidance on disciplinary and dismissal procedures, and runs Early Conciliation which is mandatory before most tribunal claims.

Employment Tribunal in Scotland. Hears dismissal, discrimination, redundancy pay, and wages claims arising in Aberdeen and across Scotland. The Scottish venues are administered by the Scottish Courts and Tribunals Service.

Citizens Advice Scotland and local Citizens Advice Bureaux in Aberdeen and Aberdeenshire. Provide free, confidential advice on employment rights, benefits, and debt.

University of Aberdeen Law Clinic. May offer free legal assistance to eligible local residents and students, including initial advice on employment disputes.

Law Society of Scotland. Provides a find a solicitor service to locate specialist employment lawyers in Aberdeen and throughout Scotland.

Equality Advisory Support Service. Offers help and information for people experiencing discrimination in employment or services.

Protect. A UK whistleblowing charity offering confidential advice if you have raised or plan to raise concerns in the public interest.

Trade unions. If you are a member, your union may provide representation, legal advice, and support throughout disciplinary, redundancy, and tribunal processes.

Insolvency Service Redundancy Payments Service. If your employer is insolvent and cannot pay notice or redundancy, the service may pay certain sums owed from the National Insurance Fund.

Aberdeen City Council employability and advice services. Can signpost to local support and training if you have lost your job and need help moving back into work.

Next Steps

Act quickly. Diary the deadline that is three months less one day from the date your employment ended, and start ACAS Early Conciliation as soon as possible to protect your position.

Gather documents. Save your contract, handbook, payslips, letters, emails, meeting notes, appeal outcome, and any relevant messages. Make a timeline of key events while memories are fresh.

Use internal processes. Submit an appeal against dismissal within the employer’s deadline. If you have not been dismissed but face serious issues, raise a grievance in writing.

Seek legal advice. Speak to a specialist employment lawyer, your trade union, Citizens Advice, or a local law clinic. Ask about time limits, likely claims, evidence, compensation, and funding options such as legal expenses insurance on your home or packaged bank account.

Consider resolution. If appropriate, explore settlement through ACAS or direct negotiation. Do not sign any settlement agreement until an independent adviser explains the terms, tax, and consequences.

Prepare for next steps. If negotiation does not resolve the issue, prepare your tribunal claim, witness statement, schedule of loss, and bundle. Keep job search records to mitigate your losses, and look after your wellbeing during the process.

If you are in Aberdeen, look for advisers and representatives who practice regularly in the Scottish Employment Tribunals. Local knowledge can help with procedure, scheduling, and mediation options available in Scotland.