Best Wrongful Termination Lawyers in Gateshead

About Wrongful Termination Law in Gateshead, United Kingdom

Wrongful termination, often called wrongful dismissal, refers to the employer breaking the terms of your employment contract when ending your employment. It is distinct from unfair dismissal, which is a statutory claim under UK employment law. Wrongful-termination claims typically focus on breach of contract - for example, termination without giving the contractual notice period or dismissal in breach of a written disciplinary procedure.

Employment law in Gateshead follows United Kingdom-wide statutes and case law. That means the same legal framework applies here as in other parts of England and Wales. However, local advice and support services in Gateshead can help you understand how the law applies to your situation and can guide you through local practical steps such as accessing Citizens Advice, law centres or local solicitors with employment law experience.

Why You May Need a Lawyer

You may want a lawyer if any of the following apply to your dismissal:

- The reason for dismissal is disputed or unclear, and you need help interpreting your contract and employer policies.

- You were dismissed without the contractual notice you are due, or without pay in lieu of notice.

- You believe you were constructively dismissed after a serious breach by the employer - for example, significant changes to duties without agreement or sustained bullying.

- Your dismissal may involve discrimination or a protected disclosure - such as whistleblowing - where statutory protections and remedies can be complex.

- You are negotiating a settlement agreement and want independent legal advice before signing, including advice about tax, contractual clauses and whether the offer is reasonable.

- You need help preparing an Employment Tribunal claim, presenting evidence, or handling ACAS early conciliation. A lawyer can assess likely outcomes, calculate potential compensation, and advise on strategy.

Local Laws Overview

Although employment law is national, several legal rules are especially important for wrongful-termination matters:

- Contractual rights - Your employment contract governs notice periods, pay in lieu of notice, and contractual disciplinary and dismissal procedures. Breach of those terms can lead to a wrongful-termination claim in contract law.

- Unfair dismissal - Under the Employment Rights Act 1996, employees usually need two years continuous service to bring an ordinary unfair-dismissal claim. There are important exceptions for automatically unfair reasons - for example, dismissal for whistleblowing, asserting statutory rights, pregnancy and family-related reasons, or certain health and safety protections.

- Constructive dismissal - If an employer’s conduct amounts to a serious breach of contract and you resign in response, you may have a claim for constructive dismissal. Continuous service and timing are critical for these claims.

- Discrimination protections - The Equality Act 2010 protects employees from dismissal related to protected characteristics such as age, sex, race, disability, religion or belief, sexual orientation, gender reassignment, marriage and civil partnership, and pregnancy and maternity.

- Whistleblowing - The Public Interest Disclosure Act gives protection to workers who blow the whistle on certain types of wrongdoing. Dismissal for making a protected disclosure can be automatically unfair.

- ACAS Code and early conciliation - The ACAS Code of Practice on disciplinary and dismissal sets out reasonable employer procedures and can affect tribunal awards if not followed. Before starting an Employment Tribunal claim you generally must notify ACAS and engage in early conciliation. This process is a statutory step that can lead to settlement without going to a tribunal.

- Time limits - Tribunal claims are time-sensitive. Most dismissal-related claims must be brought within three months less one day from the effective date of termination. There are narrow exceptions and extensions in limited circumstances, so prompt action is essential.

Frequently Asked Questions

What is the difference between wrongful termination and unfair dismissal?

Wrongful termination or wrongful dismissal is a breach of the employment contract - for example, not giving the contractual notice. Unfair dismissal is a statutory claim under the Employment Rights Act and focuses on whether the employer acted reasonably in dismissing you. You can have one without the other - for example, you might have a wrongful-termination claim even if you do not meet the qualifying period for unfair dismissal, and vice versa.

Do I need a certain length of service to bring a claim?

For an ordinary unfair-dismissal claim you usually need two years continuous service. There are important exceptions - for example, claims for automatically unfair dismissal, discrimination, and some whistleblowing claims do not require a qualifying period. Wrongful-termination claims for breach of contract generally do not depend on a minimum length of service.

How long do I have to bring a claim?

Most employment tribunal claims for dismissal-related matters must be presented within three months less one day from the effective date of termination. Before a tribunal claim you must notify ACAS and complete early conciliation. Because of these strict deadlines, you should seek advice quickly.

What remedies can I get if my dismissal was wrongful?

Possible remedies include compensation for financial losses such as loss of salary, benefits and pension contributions for the notice period you should have received. In unfair-dismissal cases tribunals can award a basic award and a compensatory award. In rare cases of successful reinstatement or re-engagement applications, a tribunal may order your employer to take you back, but most claims settle for compensation.

Can I get my job back?

Reinstatement or re-engagement is a remedy in tribunal proceedings, but it is uncommon. Most cases end with a financial settlement. If you want your job back you should say so early on and your adviser can help assess whether seeking reinstatement is realistic and worth pursuing.

What is constructive dismissal and how do I prove it?

Constructive dismissal occurs when an employee resigns because the employer has fundamentally breached the employment contract, making continued employment untenable. Proving it typically requires showing: a serious breach by the employer, that you resigned in response, and that you did not delay unreasonably in resigning. Evidence such as emails, witness statements, and formal complaints will be important.

Do I have to use ACAS early conciliation?

Yes - before you submit most Employment Tribunal claims you must notify ACAS to start the early conciliation process. Early conciliation is free and gives both sides a chance to settle without tribunal litigation. ACAS issues a certificate at the end of the process which you must include when you submit a tribunal claim.

What evidence should I collect after dismissal?

Gather your employment contract, staff handbook, disciplinary and grievance records, final payslip and P45, correspondence such as emails and text messages, notes of meetings, witness contact details and any written reasons for dismissal provided by your employer. Keep copies of job-search activity and financial records showing loss of earnings. Preserve evidence securely and back up electronic files.

Will I have to go to a tribunal in Gateshead?

Many claims settle through negotiation or ACAS conciliation. If you cannot reach a settlement you may have to bring a claim to an Employment Tribunal, which is a formal legal process - tribunals are usually heard regionally and may take place in or near Newcastle or another regional venue. Your solicitor or adviser can explain the likely venue and procedural steps.

What about legal costs - will I have to pay them if I lose?

Employment tribunals generally do not order the losing party to pay the other side’s legal fees except in exceptional circumstances. You may have some tribunal fees or legal costs if you instruct a solicitor, though many employment solicitors work on fixed fees, hourly rates or conditional fee arrangements. If you settle, the settlement can include a contribution to your legal costs. Ask potential advisers about fees and whether they offer a no-win-no-fee or capped-fee arrangement.

Additional Resources

- ACAS - Advisory, Conciliation and Arbitration Service provides free guidance on dismissal, disciplinary procedures and early conciliation.

- Citizens Advice Gateshead - local advice and practical help with employment problems, documentation and next steps.

- Law Centres and pro bono clinics - organisations in the North East can provide free or low-cost legal advice to eligible individuals.

- Trade unions - if you are a union member, contact your union for representation and legal support.

- The Law Society - use it to find a solicitor or employment law specialist practising in Gateshead or the nearby Newcastle area.

- HM Courts & Tribunals Service - for information on tribunal procedures and hearing locations.

- Gateshead Council - local services, employment support and signposting to local legal assistance and welfare advice.

Next Steps

1. Take immediate practical steps - read your contract and any written dismissal notice carefully, and if you can do so calmly, request a written statement of reasons for the dismissal. Start collecting relevant documents and evidence right away.

2. Seek early advice - contact Citizens Advice, a law centre, a trade union or an employment solicitor to review your situation. Early advice will help you understand whether you have a wrongful-termination, unfair-dismissal, discrimination or whistleblowing claim.

3. Notify ACAS - if you decide to consider tribunal proceedings, start the ACAS early conciliation process before submitting a claim. Early conciliation can pause tribunal time limits and often leads to settlement.

4. Consider negotiation - many disputes resolve with a settlement agreement. If you are offered payment in return for leaving, obtain independent legal advice before signing to ensure the terms are fair and your legal rights are protected.

5. Act quickly - strict time limits apply to tribunal claims and some statutory rights. If you think you have a claim, contact an adviser now to preserve your options.

If you are in Gateshead and unsure where to start, a local Citizens Advice or law centre appointment can be an effective first step. If your case is legally complex or likely to proceed to tribunal, instructing an employment law solicitor will help protect your rights and maximise your chances of a favourable outcome.