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In the United Kingdom the phrase "wrongful termination" is often used by employees to describe several different legal problems arising from the end of employment. The two main legal concepts are wrongful dismissal and unfair dismissal. Wrongful dismissal generally means a breach of the employment contract - for example being dismissed without the required notice or without payment in lieu of notice. Unfair dismissal is a statutory claim under the Employment Rights Act 1996 and depends on whether the dismissal was fair in the circumstances and whether you met the qualifying service requirement. There are also related claims such as constructive dismissal - where you resign because of your employer's conduct - and dismissal for a discriminatory reason, which engages the Equality Act 2010 and can be pursued without the usual qualifying-period requirement.
People in Mansfield follow the same national employment law framework as the rest of England. Practical steps and local support - for example from Citizens Advice in Mansfield or local solicitors - are available locally, but claims for unfair dismissal, wrongful dismissal, constructive dismissal or discrimination are dealt with under UK employment law and typically progress through ACAS early conciliation and, if unresolved, the Employment Tribunal system or civil courts for some contract claims.
Employment disputes can be legally complex and fact sensitive. You may benefit from a lawyer in a number of common situations:
- If your employer dismisses you without following the contractual notice provisions and you want to claim damages for breach of contract.
- If you believe you have been unfairly dismissed - for example because of poor procedure, a flawed disciplinary process, or because the employer had no fair reason for dismissal.
- If you think you were forced to resign because of serious breaches by your employer and you want to pursue a constructive dismissal claim.
- If the dismissal appears to be connected to a protected characteristic - such as age, sex, race, disability, religion, sexual orientation or pregnancy - which may be unlawful discrimination under the Equality Act 2010.
- If you want help preparing an ACAS early conciliation notification, submitting a tribunal claim, or negotiating a settlement agreement.
- If your case involves complex contractual or financial issues - for example bonus entitlement, restrictive covenants, share arrangements or significant loss of future earnings - where specialist legal advice can help quantify losses and set strategy.
Key legal points relevant to people in Mansfield are the same as across England and Wales and include the following:
- Employment Rights Act 1996: provides the statutory framework for unfair dismissal, notice periods, redundancy rights and certain automatic unfair dismissals.
- Equality Act 2010: prohibits discrimination in dismissal or other detriments because of protected characteristics. Claims under this Act do not always need the usual length of service to bring a claim.
- Wrongful dismissal: a common-law claim for breach of contract. If an employer dismisses in breach of the contractual notice provisions you may claim for pay and benefits for the notice period you should have received.
- Constructive dismissal: occurs if an employer’s conduct is such a fundamental breach of contract that you are entitled to resign and treat the contract as terminated. A constructive dismissal claim is usually pursued as an unfair dismissal claim, so you normally need the qualifying period unless the reason is an automatically unfair ground.
- Qualifying period: to bring a general unfair dismissal claim you usually need at least two years continuous service. Exceptions exist for automatically unfair dismissals - for example whistleblowing, pregnancy-related dismissal, certain health and safety or trade-union activities - where there is no qualifying service requirement.
- ACAS early conciliation: before issuing most tribunal claims you must notify ACAS and attempt early conciliation. This is a mandatory preliminary step and will extend or provide a conciliation period before you can lodge a tribunal claim.
- Time limits: for most tribunal claims the time limit is three months less one day from the date of dismissal to present an unfair or constructive dismissal claim after ACAS early conciliation. Some discrimination claims have different time limits or counting rules. For pure breach of contract claims brought in the civil courts the limitation period is generally six years for breach of contract, but practical strategy differs when rights overlap with employment tribunals.
- Remedies and awards: remedies may include arrears of pay, basic award and compensatory award for unfair dismissal, damages for breach of contract for wrongful dismissal, and injury to feelings and financial loss for discrimination. Statutory caps and rules apply to certain awards and are subject to change.
Wrongful dismissal is a breach of your employment contract usually involving failure to provide contractual notice or failure to pay contractual entitlements. Unfair dismissal is a statutory claim about whether your employer had a fair reason and followed a fair process in dismissing you. You can sometimes bring both types of claims depending on the circumstances.
For most unfair dismissal claims you need two years continuous service to qualify. However there are exceptions - known as automatically unfair dismissals - where no qualifying period is required. These include dismissals connected to pregnancy or family leave, whistleblowing, asserting certain statutory rights, trade-union activities and some health and safety protections.
Constructive dismissal occurs when your employer fundamentally breaches the contract - for example by making a major change to your role without consent, allowing bullying, or significantly reducing pay - and you resign in response. To succeed you usually need to show the breach was serious and that you resigned promptly in response and did not affirm the contract. Constructive dismissal claims are typically pursued as unfair dismissal claims.
The usual time limit for unfair and constructive dismissal claims is three months less one day from the employment termination date, after first notifying ACAS for early conciliation. If the ACAS process takes place this does not extend the tribunal deadline beyond the statutory time limit unless ACAS issues an early conciliation certificate that affects timing. Some discrimination claims have slightly different time limits or are counted from later events.
Collect your employment contract, written statement of employment particulars, payslips, P60s, emails and messages about the dismissal, disciplinary and grievance records, meeting notes and letters, witness details and any medical records if relevant. Keep a timeline of events with dates. These materials help a lawyer or adviser assess your prospects and calculate losses.
Yes - ACAS early conciliation is mandatory before most Employment Tribunal claims. You or your lawyer must submit a notification to ACAS who will offer conciliation to try to settle the dispute without a tribunal hearing. The process is generally free. If conciliation fails, ACAS issues a certificate that allows you to proceed with a tribunal claim.
Legal aid is generally not available for employment law disputes in England and Wales. There are limited exceptions for cases with other elements such as some discrimination claims linked to human rights, but most employees fund representation privately or seek conditional-fee arrangements, trade-union representation, or free initial advice from Citizens Advice or pro bono services.
Compensation depends on the type of claim. Unfair dismissal awards can include a basic award based on age, length of service and pay, and a compensatory award for lost earnings subject to statutory caps. Wrongful dismissal damages aim to place you in the position you would have been in had the contract been honoured - typically notice pay and benefits. Discrimination claims can include injury to feelings and financial loss. Statutory caps, tax rules and offsetting for mitigation of loss apply. A solicitor can estimate likely figures based on your situation.
It is often advisable to follow your employer’s grievance procedure before taking formal legal steps because many employers prefer to resolve issues internally and tribunal panels expect parties to try internal resolution where reasonable. Raising a grievance can also preserve evidence and show you attempted to resolve the problem. Getting advice early ensures you follow the best procedural steps for your case.
Costs depend on the complexity of the case, the lawyer’s experience and the agreed charging method - hourly rates, fixed fees or conditional-fee arrangements. Some solicitors offer an initial assessment at a fixed or reduced fee. To choose a lawyer look for employment law specialists regulated by the Solicitors Regulation Authority, check experience with tribunal cases, ask for fee estimates, and consider local firms in Mansfield or Nottinghamshire with employment law expertise. Trade unions or Citizens Advice can also recommend advisers.
Useful organisations and resources you can contact or consult include national and local bodies that provide free initial guidance and specialist support:
- ACAS - for early conciliation and practical guidance on employment rights and tribunal procedures.
- Citizens Advice - local Mansfield offices can provide free initial advice about workplace problems and help you understand next steps.
- Equality and Human Rights Commission - for guidance on discrimination law and protected characteristics.
- Nottinghamshire County Council - for information on local services and signposting to support agencies in Mansfield.
- Local law firms and employment law solicitors - search for employment law specialists who handle unfair dismissal, wrongful dismissal and discrimination claims.
- Trade unions - if you are a member, unions such as GMB, Unite or others can provide legal support and representation.
- Law Society and Solicitors Regulation Authority - for checking solicitor credentials and finding qualified employment lawyers.
- ACAS and Employment Tribunal guidance - for templates, time limit explanations and procedural information to prepare a claim.
If you think you have been wrongfully terminated in Mansfield follow these practical steps:
1. Pause and review - Take time to collect basic facts and documents. Note exact dates, communications and the reason given by the employer for dismissal.
2. Gather documents - Collect your contract, payslips, emails, disciplinary or grievance letters and any witness names. Create a clear timeline of events.
3. Seek free initial advice - Contact Citizens Advice in Mansfield or ACAS for early guidance on whether you have an unfair dismissal, wrongful dismissal, constructive dismissal or discrimination issue and whether you meet qualifying periods.
4. Consider raising a grievance - If appropriate, follow your employer’s grievance procedure to try to resolve matters internally and to preserve your position if you later go to tribunal.
5. Start ACAS early conciliation - If you are likely to bring an Employment Tribunal claim you or your adviser must notify ACAS to begin early conciliation.
6. Get legal advice - If the claim is potentially valuable, complex or disputed, consult an employment law solicitor in Mansfield or nearby to assess prospects, options for settlement and likely compensation. Ask about fees and funding options.
7. Negotiate or prepare a claim - Many cases settle after early conciliation. If settlement is not achievable, your lawyer can help you lodge a tribunal claim within the required time frame and prepare your evidence and legal arguments.
8. Consider alternative dispute resolution - Mediation or settlement agreements can resolve matters more quickly and with less cost than a tribunal. Seek legal advice before signing any settlement agreement to understand tax and contractual consequences.
This guide is for informational purposes and does not replace tailored legal advice. Employment law can be technical and outcomes depend on specific facts. If you are unsure about your position seek professional advice early to protect time-sensitive rights and to choose the best route forward.
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The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation.
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