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In the UK, wrongful dismissal (sometimes called wrongful termination) refers to a breach of contract during the dismissal process and as such is tried in civil court. York, situated in England, adopts England's legal systems and principles. In this context, a wrongful termination would mean that your employer has breached the terms of your employment contract during the process of your dismissal. This could involve dismissals without notice or without proper process.
If you believe you have been wrongfully terminated, i.e., if your employer has terminated your employment contract in a way that breaches the contract terms, you may need a lawyer. A lawyer can help you to assess the legality of the termination, ascertain if your rights were indeed violated, and guide you on the best course of action. This may involve going to an employment tribunal or civil court, where legal representation would be crucial. Additionally, if your employer hasn’t paid your full dues, including pay for your notice period, having a lawyer greatly eases the process of reclaiming your rightful compensation.
In UK law, including York, an employer must give an employee, who has been employed for over one month, a statutory minimum amount of notice – one week if they've been employed between one month and two years and an additional week for each year beyond two years, up to 12 weeks. This is in addition to any notice period specified in the contract. Terminating an employee's contract without providing this required notice typically qualifies as wrongful termination unless it's an act of gross misconduct.
Wrongful dismissal is about contract breach while unfair dismissal is about whether your employer acted reasonably in the circumstances. Wrongful dismissal is a common law claim and it can be pursued in court or employment tribunal. In contrast, unfair dismissal is a statutory claim which can only be heard in an employment tribunal.
Yes. Length of service has no bearing on a wrongful dismissal claim. That said, you must have at least one month of service in order to have a statutory right to notice.
Gross misconduct is a serious act such as theft, physical violence, serious negligence or serious insubordination. It must be an act so serious that it warrants dismissal without notice.
Yes. There is no necessity to go through ACAS early conciliation or any other internal process before going to court.
In a tribunal, the claim must be made within three months less one day of the effective date of termination. If going to court, the claim must be made within six years.
The Advisory, Conciliation and Arbitration Service (ACAS) can offer advice and provide dispute resolution services. You may also find further information from unions like the Trade Union Congress (TUC). These are good resources for understanding your rights and learning about possible options following a wrongful termination.
If you decide to proceed with a legal action, it is advisable to find a lawyer who specialises in employment law. The lawyer will help you organize any evidence you have of the wrongful termination, guide you through the trial process and, if necessary, represent you before the court or employment tribunal. Remember to act promptly to avoid missing any deadlines for making a claim.
