Best Wrongful Termination Lawyers in Fareham

About Wrongful Termination Law in Fareham, United Kingdom

Wrongful termination, sometimes called unfair dismissal, occurs when an employer ends an employee's contract of employment without a fair reason or fails to follow the proper legal procedures for dismissal. In Fareham, as in the wider United Kingdom, employees are protected under both national and local employment laws. If you believe that you have been terminated from your job unfairly, understanding your rights and the legal process is the first step to seeking justice.

Why You May Need a Lawyer

There are several circumstances in which seeking legal advice for wrongful termination is important. Some common scenarios include:

• You were dismissed from your job without a clear or fair reason.
• The correct dismissal procedures were not followed by your employer.
• You believe your dismissal was related to discrimination based on age, gender, disability, race, religion, or another protected characteristic.
• You were terminated after whistleblowing or raising concerns about unlawful activities at work.
• You have a dispute regarding redundancy or breach of contract.

In these situations, a lawyer can help you understand your rights, assess the strength of your case, and represent your interests in negotiations or claims, including before an employment tribunal if necessary.

Local Laws Overview

Wrongful termination claims in Fareham are governed primarily by UK employment law, particularly the Employment Rights Act 1996. All employers must have a fair reason for dismissing an employee and follow a proper procedure. Some aspects which are particularly relevant include:

• Employment contracts are legally binding and both parties must adhere to their terms.
• Employers must provide written reasons for dismissal if requested by the employee.
• Employees are protected from unfair dismissal if they have worked for the employer for at least two continuous years, with some exceptions for cases involving discrimination or whistleblowing.
• If the dismissal is found to be unfair, employees may be entitled to compensation or reinstatement.
• Fareham adheres to the same employment tribunal process as the rest of England, but may have local advisory and support services for individuals pursuing claims.

Frequently Asked Questions

What qualifies as wrongful termination in Fareham?

Wrongful termination typically means you were dismissed without fair reason, your employer did not follow the correct procedure, or your dismissal was related to discrimination or protected activities.

How do I know if my dismissal was unfair?

If you were not given a valid reason, your employer did not follow the process set out in your contract or by law, or if you were dismissed due to discrimination or whistleblowing, it may be unfair.

Do I need to have worked for a certain period to make a claim?

Generally, you need to have worked continuously for your employer for at least two years to bring an unfair dismissal claim. There are exceptions for reasons including discrimination, raising health and safety concerns, or whistleblowing.

What should I do immediately after being dismissed?

Ask your employer for a written reason for your dismissal and gather all relevant documents, such as your employment contract and dismissal letter. Seek legal advice as soon as possible.

How long do I have to make a claim for wrongful termination?

You usually have three months less one day from the date your employment ended to bring a claim to an employment tribunal. It is important to act quickly.

Can I claim compensation for wrongful termination?

Yes, if your claim is successful, you may be entitled to compensation or in some cases reinstatement to your job. The amount is determined by the nature of the dismissal and your losses.

Does it cost money to make a claim?

There are currently no fees for bringing an employment tribunal claim. However, there may be legal costs for independent advice or representation.

What if I was dismissed because of redundancy?

If redundancy is not genuine or the process was not followed fairly, this could amount to unfair dismissal. Employees have rights to redundancy pay, consultation, and fair selection.

What if my employer tells me to resign?

If you were pressured to resign by your employer without fair reason or due to intolerable work conditions, this might be considered constructive dismissal, which is a form of unfair dismissal.

Can I settle with my employer without going to tribunal?

Many disputes are resolved before reaching a tribunal, either through negotiation, mediation, or a settlement agreement, often with support from legal representatives.

Additional Resources

Individuals in Fareham seeking advice and support on wrongful termination can turn to several resources, including:

• Citizens Advice Fareham - Provides free, confidential advice on employment rights and wrongful dismissal.
• Advisory, Conciliation and Arbitration Service (ACAS) - Offers guidance on workplace disputes and legal rights and often assists in early conciliation before tribunal claims.
• Employment Tribunal Service - Handles claims for wrongful termination and can provide guidance on the application process.
• Local solicitors specializing in employment law in Fareham - They can offer initial consultations and representation.

Next Steps

If you believe you have been wrongfully terminated in Fareham, take these steps:

• Gather all relevant documentation, including your contract, pay slips, emails, and dismissal letter.
• Request written reasons for your dismissal from your employer.
• Seek advice as soon as possible from Citizens Advice, ACAS, or a local employment law solicitor to discuss your situation and options.
• Consider early conciliation, which is a required step before making a claim to an employment tribunal, typically with ACAS.
• If necessary, file a claim with the employment tribunal within the strict time limits.

Remember, acting quickly is crucial due to the short deadlines involved in employment tribunal claims. Professional guidance can help you navigate the process and improve your chances of a positive outcome.