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Wrongful termination, also known as wrongful dismissal/discharge, is a situation where an employer’s decision to terminate a worker's employment breaches one or several terms of the contract of employment, or a statute provision or rule in employment law. In Nottingham and the wider UK, wrongful termination usually involves an employer dismissing an employee without proper notice or without cause.
A wrongful termination lawyer can provide assistance in situations where you believe your employment was terminated unlawfully. This can include circumstances such as discrimination, retaliation, whistleblowing, breach of contract, and even dismissals due to maternity or paternity leave. Lawyers with expertise in this field can also be crucial in advising when it comes to negotiation or litigation for severance packages, reinstatement at work or if you're seeking compensation from your former employer.
The United Kingdom Employment Rights Act 1996 sets out the conditions that must be met to make a termination lawful. In Nottingham, like the rest of the UK, an employer must provide adequate notice before termination, and terminating a worker due to discriminatory reasons is unlawful. The employer must also carefully follow any dismissal procedures set out in the employee's contract. If there is a breach in any of these aspects, a termination might be considered wrongful.
A wrongful termination is when an employer dismisses an employee in violation of their employment contract, without proper notice or for an unlawful reason such as discrimination or retaliation.
Employers found guilty of wrongful termination may be ordered to reinstate the employee or to compensate the employee for damages such as lost wages and distress.
A claim for wrongful termination must generally be brought to an employment tribunal within three months of the dismissal.
Proof of wrongful termination varies on a case-by-case basis but may include contract documents, written communication, evidence of similarly treated employees, and more.
Having a lawyer is not strictly necessary, but it is often highly beneficial. A lawyer can navigate the legal framework, advise on the strength of your claim, and represent you in court, boosting your chances of success.
The Advisory, Conciliation and Arbitration Service (ACAS) provides free and impartial information and advice to employers and employees on all aspects of workplace relations and employment law. Further, the Employment Tribunal courts deal with disputes between employers and employees concerning unfair dismissal, redundancy payments and discrimination.
If you suspect you have been unjustly terminated, it is essential to gather all relevant work documents such as contracts, emails, and paystubs and promptly contact a lawyer who specializes in employment law. You may also consider contacting local organisations or government bodies like ACAS for advice. Remember, there is a time limit for bringing a claim to an employment tribunal, so it's advisable to take action quickly.
