Share your needs with us, get contacted by law firms.
Free. Takes 2 min.
Wrongful termination, also known as unfair dismissal, occurs when an employment termination breaches one or more terms of the contract of employment, or a statute provision within employment law. In Sale, United Kingdom, employees are protected by specific labour laws that guard against unjust dismissals. These laws demand that employers follow due process in dismissing employees and provide grounds for fair dismissal.
Legal guidance is essential in wrongful termination cases for several reasons. A well-versed lawyer in employment law can help you understand if your dismissal qualifies as a wrongful termination, if your employer failed to follow the legal process, and if you have a strong case to claim compensation. Furthermore, a lawyer can adequately represent your interests in negotiations, grievances, and employment tribunals, helping you navigate intricacies of the legal process.
The Employment Rights Act 1996 is the prevailing legislation governing wrongful termination across the United Kingdom, including Sale. The Act stipulates that the employees should not be unfairly dismissed and provides situations when a dismissal may justify as 'fair' such as misconduct, redundancy, or inability to perform job role. Proving wrongful termination requires demonstrating the dismissal was not only unfair but also violated specific contractual terms.
In the UK, wrongful termination typically implies a breach of contract committed by the employer during the dismissal. This might occur where no notice was given, the dismissal process was handled improperly, or if the employer fails to follow their own dismissal procedures.
Proof of employment, evidence of dismissal (such as termination letter), documentation showcasing that the termination was done against contractual or statutory laws, and any additional supportive evidence such as witness testimonials, emails etc., form part of an effective wrongful termination claim.
Usually, you should file an unfair dismissal claim within three months of your dismissal date. Extensions are rare and granted only under exceptional circumstances.
If your case is valid and successful, you might be entitled to a basic award, compensatory award, or both which will account for lost wages, benefits and potential distress caused due to dismissal.
Yes, just as an employee can challenge dismissal, an employer can contest a wrongful termination claim. They might argue on grounds or procedures followed for dismissal were just and lawful.
The UK Government’s website serves as a comprehensive resource for information about wrongful termination. ACAS (Advisory, Conciliation and Arbitration Service) also offers valuable advice and guidance. The Citizen's Advice Bureau is an excellent resource for free legal guidance.
If you believe you have been wrongfully terminated, it's important to act promptly. Gather all the relevant documentation related to your dismissal and consult a legal professional specializing in employment law. They can help you understand your rights, evaluate your case, and guide you to take your claim forward either via a grievance with your former employer or at an Employment Tribunal.
