Best Wrongful Termination Lawyers in Newcastle upon Tyne

About Wrongful Termination Law in Newcastle upon Tyne, United Kingdom

Wrongful termination, also known as unfair dismissal, occurs when an employee is dismissed from their job in a manner that breaches UK employment law. In Newcastle upon Tyne, as elsewhere in the United Kingdom, employees are protected by specific statutory rights, including the right not to be unfairly dismissed if they have been employed for a certain minimum period (usually two years). Wrongful termination may arise due to various reasons, such as being fired without a valid reason, not following the correct dismissal procedure, or dismissing someone because of discrimination. Understanding your rights is the first step toward addressing concerns about how your employment may have ended.

Why You May Need a Lawyer

Individuals in Newcastle upon Tyne might consider seeking legal advice on wrongful termination for several reasons. You may feel your dismissal was unjustified, suspect that your employer did not follow the correct procedures, or believe that discriminatory factors played a part in your dismissal. Some common situations include:

- Being dismissed without a fair reason after more than two years of continuous employment - Not being provided with the appropriate notice period or pay - Facing dismissal after whistleblowing or raising health and safety concerns - Suspecting dismissal due to protected characteristics such as race, gender, age, disability, sexual orientation, or religion - Being dismissed while on maternity or paternity leave, or due to pregnancy

A lawyer specialising in employment law can guide you through your options, assess the strength of your claim, represent you during negotiations or at an employment tribunal, and help you seek compensation or reinstatement.

Local Laws Overview

In Newcastle upon Tyne, wrongful termination is governed primarily by national legislation, most notably the Employment Rights Act 1996, the Equality Act 2010, and related statutory instruments. Key aspects include:

- Employees are generally protected from unfair dismissal after two years of continuous service, though some circumstances (for example, discrimination or whistleblowing) may provide protection from day one - Employers must demonstrate a fair reason for dismissal, such as misconduct, redundancy, capability, statutory ban, or another substantial reason - The correct dismissal procedure must be followed, including proper investigation, warning (where appropriate), a chance for the employee to respond, and offering an appeal - Automatic unfair dismissal may occur in specific situations, such as dismissal for pregnancy, for whistleblowing, or for asserting a statutory right - Claims for unfair dismissal must typically be brought within three months less one day from the effective date of termination

Local employment tribunals in Newcastle upon Tyne handle wrongful termination cases, and Citizens Advice Newcastle can provide guidance on initial steps.

Frequently Asked Questions

What is the difference between wrongful and unfair dismissal?

Wrongful dismissal usually refers to a breach of contract, such as not being given appropriate notice or pay. Unfair dismissal is a wider concept under UK law and occurs when an employee is dismissed without a fair reason or proper procedure.

Do I need two years' service to make a claim?

Generally, two years' continuous service is required for an unfair dismissal claim, but there are exceptions. Claims based on discrimination, whistleblowing, or certain other reasons can be made from day one.

Can I claim if I left my job due to employer conduct?

Yes, this is known as constructive dismissal. If your employer has fundamentally breached your employment contract, forcing you to resign, you may have grounds for a claim.

What compensation can I receive for wrongful termination?

Compensation depends on the facts of your case. It could include notice pay, loss of earnings, benefits, and sometimes a basic and compensatory award if you win at tribunal.

How long do I have to bring a claim?

You usually have three months less one day from the effective date of termination to start the process by contacting Acas for Early Conciliation.

What steps should my employer have followed before dismissing me?

Employers must have a valid reason for dismissal, conduct a fair investigation, hold a disciplinary or capability hearing, allow you to respond, and offer the right of appeal.

What is Acas Early Conciliation?

Before making an employment tribunal claim, you must notify Acas, which offers free conciliation to try to resolve the dispute without the need for a tribunal.

Does it matter if I was on a fixed-term contract?

Fixed-term employees have the same rights as permanent staff. Termination before the contract ends without proper notice or reason can lead to a claim.

Can I be dismissed for making a flexible working request?

No, it is unlawful to dismiss or subject someone to a detriment because they requested flexible working.

Are there local employment solicitors in Newcastle upon Tyne who can help?

Yes, there are qualified employment lawyers and solicitors in Newcastle upon Tyne who specialise in wrongful and unfair dismissal cases and can advise on your situation

Additional Resources

If you are concerned about wrongful termination in Newcastle upon Tyne, the following organisations and resources may be helpful:

- Citizens Advice Newcastle - Offers free, confidential advice on employment rights and wrongful dismissal - Acas (Advisory, Conciliation and Arbitration Service) - Provides guidance for employees and employers, as well as a required early conciliation service before tribunal claims - Newcastle Employment Tribunals - Local body where your case may be heard if it proceeds to a hearing - Solicitors Regulation Authority - To find and verify qualified employment law solicitors - Trade Unions - Your union may offer advice, representation, or support

Next Steps

If you believe you have been wrongfully terminated in Newcastle upon Tyne, consider taking the following steps:

- Gather all relevant documentation related to your employment and dismissal, including contract, correspondence, and any notes about meetings or conversations - Contact an employment solicitor or Citizens Advice Newcastle for an initial consultation and assessment of your case - Notify Acas promptly to start the Early Conciliation process if you are considering a tribunal claim - Take note of time limits to ensure you do not miss your opportunity to take action - Be prepared to explore settlement, conciliation, or mediation before proceeding to a tribunal if possible

Understanding your rights and seeking timely legal advice is key to protecting your interests and finding a resolution to your employment dispute.