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In Leeds, United Kingdom, as is the case across the country, wrongful termination or unfair dismissal refers to employment termination by an employer that contravenes the rights of an employee. Situations that could lead to such claims may include termination on discriminatory grounds like race, religion, sexuality or disability, or termination without due process such as failing to follow the company's own disciplinary procedures. It is important to note that in the UK, generally, an employee must have two years' continuous service to qualify to bring an unfair dismissal claim, but there are exceptions to this rule.
On facing wrongful termination, you may need a lawyer to ensure full protection of your rights and to help you file a comprehensive claim. Lawyers can guide you to understand local laws, assist with any appeals, and potentially negotiate a settlement. They can also help you gather evidence to support your claim. It can be especially beneficial if your claim involves complex legal issues like discrimination or whistle-blowing.
In Leeds, employment law falls under the larger UK employment laws. The key laws relevant to wrongful termination include the Employment Rights Act 1996, which stipulates the procedures for legal dismissal of an employee. The Equality Act 2010 is also critical as it outlines the different kinds of discrimination which are unlawful, including those involving race, gender, age, disability or religious belief. If you are dismissed because of any of these, it would be automatically unfair, regardless of the period of service.
If your dismissal contravenes the rights and protections under UK employment laws, you can bring an unfair dismissal claim before an Employment Tribunal. To do this, you typically must have worked for your employer for at least two years. There are exceptions to this requirement for cases involving discrimination or whistle-blowing.
You must typically file your claim within three months less one day from the date of your dismissal. It is advised to seek legal advice promptly if you think you may have a claim.
The compensatory amount can vary significantly, depending on factors like the reason for dismissal, loss of earnings, potential future loss of earnings, and the deemed unfairness of the act. The statutory cap of the compensatory award is £88,519, or 52 weeks' gross pay — whichever is the lower, except in certain cases including whistle-blowing or discrimination.
UK employment tribunals do not usually award damages for emotional distress in unfair dismissal claims, unless it is an exceptional case with discrimination involved.
If you cannot afford a lawyer, you can seek help from charities such as Citizens Advice, or you may qualify for legal aid. It is also worthy to note that some law firms work based on no win, no fee (contingency) basis for unfair dismissal claims.
When facing a wrongful termination dispute, consider going to the following agencies: ACAS (Advisory, Conciliation and Arbitration Service), Citizens Advice Bureau, and the local Leeds Law Centre for initial advice. They offer guidance on employment laws that can assist you in understanding your rights and the legal process better.
If you believe you have been wrongfully terminated, contact an experienced employment law solicitor at the earliest. They can assess the circumstances of your dismissal, help you understand your rights, assist in collecting evidence, and represent you during any negotiations or hearings. Remember, timing is critical; the limitation period for bringing a claim is strictly imposed so do not delay seeking legal advice.
