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Wrongful termination, also known as unfair dismissal, is a complex area of employment law in the United Kingdom, including Leicester. It involves instances where an employee’s contract of employment has been terminated by the employer in a manner that breaches one or more terms of the contract of employment, or a statute in employment law. It covers a number of situations such as dismissals without a valid reason, dismissals without due process, discriminatory dismissals and more.
Challenging wrongful termination can be legally complex, as it involves dissecting employer justifications, employment contracts, and UK employment legislation. Hence, legal advice may prove beneficial in situations such as proving your dismissal was unjust, negotiating a settlement after wrongful termination, challenging a redundancy dismissal, understanding your rights after a dismissal, and filing a claim to the Employment Tribunal.
The Employment Rights Act 1996 regulates wrongful termination in Leicester, United Kingdom. It mandates that an employer must have a fair reason for dismissing an employee and the dismissal process must be just and equitable. The employer must demonstrate that they acted reasonably in treating the valid reason for dismissal as a sufficient ground for terminating the contract. Also, when assessing fairness, length of service and size and administrative resources of the employer will be considered. Unfair dismissals can give rise to legal claims at an Employment Tribunal.
In the UK, wrongful termination generally involves situations where the employer has breached the terms of the employee's contract during the termination process. This could involve not following procedures correctly or dismissing you without a fair reason.
If you've been wrongfully terminated, you may be entitled to make a claim for compensation. This could include compensation for lost wages, as well as potential compensation for distress caused by the termination.
The process typically involves first trying to resolve the matter internally with your employer, either directly or through a grievance procedure. If this fails, you may then take your claim to an Employment Tribunal.
You may be able to recover lost wages, future lost earnings, damages for distress and potentially a statutory redundancy payment if it applies.
Generally, in the UK you have three months less one day from the date of your dismissal to bring a claim to an Employment Tribunal.
Check the UK's GOV.UK page for comprehensive information on employment statuses and rights, as well as the Advisory, Conciliation and Arbitration Service (ACAS) for reading materials and resources on employment disputes. Consider reaching out to local law schools, law clinics, and local Citizens Advice for more resources and potential pro bono or low-cost counsel.
If you feel you have been wrongfully terminated, it is advisable to seek legal advice sooner rather than later due to the time limits associated with Employment Tribunal claims. Contact a local employment law attorney who can evaluate your case, guide you through the process, and represent your interests in discussions with your former employer or at the Tribunal hearing.
