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Wrongful termination, also referred to as unlawful dismissal, is when your employment contract is terminated by your employer in a way that breaches one or more terms of that contract. In Rotherham, and across the United Kingdom, employees are protected by numerous employment laws, which can include acts such as the Employment Rights Act of 1996. It's important to note that wrongful termination law is complex, and its application varies depending on specific situations.
There are several circumstances when you may require legal help in cases of wrongful termination. This can include when: you believe you've been unfairly dismissed; you've been constructively dismissed (forced to leave because of your employer's conduct); your employer did not follow the correct dismissal process; or claims of discrimination and unfair treatment. A lawyer helps you understand your rights, gather relevant information, formulate a strategy, and, if necessary, represent you in the employment tribunal.
The key aspects of local laws related to wrongful termination in Rotherham are primarily governed by the Employment Rights Act of 1996. This Act protects employees from being terminated for reasons related to family or dependency leave, jury service, assertation of statutory rights, whistleblowing, or membership with a trade union. Additionally, the Equality Act of 2010 guards against wrongful termination due to racial, age, gender or disability discrimination, as well as other protected attributes. Employees claiming wrongful termination need to have worked a minimum of two years for their employers, unless the termination is based on discrimination or whistleblowing.
In the UK, you generally have three months less one day from the date of termination to make a claim.
The compensation you may receive depends on the nature of your dismissal. It could include compensation for financial losses (subject to limits), injury to feelings, or potentially uncapped damages in cases of discrimination.
A settlement agreement, which includes a waiver of your right to make a tribunal claim, may prevent you from making a claim. However, you need to have received independent legal advice about this waiver for it to be valid.
If you were fired due to redundancy, this could potentially be unfair dismissal if your employer does not have a fair reason, did not follow a fair redundancy process, or if it's judged that you were picked for a discriminatory reason.
Constructive dismissal occurs when your employer serious breaches their contract with you in a way that you feel you can no longer work there. This can be a one-off serious incident or a series of incidents.
Useful resources can include local Citizens Advice Bureau centres, which provide free advice on employment matters, and the Advisory, Conciliation and Arbitration Service (ACAS), which has guides on what to do if you're dismissed. Trade unions and law centres may also be able to provide advice.
If you think you've been wrongfully terminated, begin by gathering all relevant documentation, such as employment contracts and correspondence related to your dismissal. You should then seek professional advice quickly due to the time limits for making a claim. Contact a local employment lawyer in Rotherham who specializes in wrongful termination law to figure out the best course of action tailored to your specific situation.
