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Wrongful termination, also known as wrongful dismissal, occurs when an employer terminates an employee’s contract of employment unfairly or without sufficient reason. In Liverpool, as in the rest of the UK, the legal framework ensures protection for employees against such unjust practices. The laws dictate that an employer must provide valid reasons for termination, linked to the employee's conduct or capability, redundancy, or a statutory prohibition. An employer is further required to follow a fair procedure in handling dismissals.
Given the complexity of employment laws, it can be challenging to figure out if you have been wrongfully dismissed. It's equally difficult to decide the best course of action to remedy such situations. You might need a lawyer in instances where you feel that your dismissal was not properly justified or where the correct procedure was not adhered to. A skilled lawyer can help you understand your rights, advise you on the best action to take, provide representation at employment tribunals and possibly negotiate a settlement.
The local laws related to wrongful termination in Liverpool primarily revolve around the Employment Rights Act of 1996. This act defines a fair reason for dismissal and stipulates that employers follow an appropriate procedure, affording employees various rights. For instance, employees have a right to receive notice of dismissal and, in many cases, a right to written reasons for dismissal. Special protections exist for dismissals related to maternity, paternity and adoption leaves, trade union membership and activities, and whistleblowing.
Dismissal is considered wrongful if an employer fails to honour the terms of the employment contract during the termination process, or terminates the employee without a valid reason or without following the proper procedure.
While both relate to improper termination of employment, wrongful dismissal refers to a breach of contract, whereas unfair dismissal refers to a breach of statutory employment rights.
If you believe you've been wrongfully dismissed, you could lodge a complaint against your employer to an employment tribunal, negotiate an out-of-court settlement with your employer or claim statutory redundancy payment, as applicable.
The compensation awarded in wrongful termination cases generally covers the money you would have earned during the notice period. Factors determining the amount include your age, pay and length of service.
In the UK, you usually have three months less one day from the dismissal date to make a wrongful termination claim. It's advisable to seek legal advice promptly after dismissal.
The Employment Tribunal and ACAS (Advisory, Conciliation and Arbitration Service) provide free advice and support to those affected by wrongful termination. The Citizens Advice Bureau also offers guidance on employment rights and dealing with wrongful dismissal.
If you believe you've been wrongfully dismissed, contact a legal professional specialising in employment laws for advice. Gather all relevant documents including your employment contract, dismissal notice, and any correspondence related to the termination. Be prepared to explain the circumstances of your dismissal, and ensure you stick to the time frame for lodging a claim.
