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Have you been wrongfully dismissed?

Wrongful dismissal refers to the termination of an employment contract in a manner that breaches the terms of the contract, resulting in unfair treatment of the employee. This typically involves the employer ending the employment relationship in a way that goes against the terms and conditions specified in the employment contract.

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There are various reasons why a dismissal might be considered wrongful. Some common examples include:

Breach of Contract: If the employer terminates the contract without following the proper procedures or without a valid reason specified in the contract, it could be considered wrongful dismissal.

Unfair Dismissal: If an employer dismisses an employee for reasons that are unfair or unjustified, it may be deemed wrongful. Unfair dismissal can include situations where the termination is based on discrimination, retaliation, or other improper motives.

Failure to Provide Notice or Pay in Lieu: If the employer does not provide the required notice period as stipulated in the employment contract or does not pay the employee in lieu of notice, it may be considered wrongful dismissal.

Breach of Statutory Rights: Dismissal that violates an employee’s statutory rights, such as discrimination laws or rights related to maternity leave, can also be deemed wrongful.

If you believe you have been wrongfully dismissed, here are some of the ways we can help. 

  1. Legal Advice:
    • Initial Assessment: We can provide an initial assessment of the circumstances surrounding the dismissal to determine whether it might be considered wrongful.
    • Legal Rights: We can advise you of your legal rights, helping you understand if your dismissal breaches employment laws or the terms of your employment contract.
  1. Documentation Review:
    • Employment Contract: We will review your employment contract to assess whether the dismissal violated any terms or conditions specified in the agreement.
    • Notice Period: We will examine whether your employer provided the required notice period or compensation in lieu of notice.
  1. Collecting Evidence:
    • Gathering Information: We can help gather evidence to support your case. This may include employment records, emails, witness statements, and any relevant documentation related to the dismissal.
  1. Negotiations:
    • Settlement Discussions: Where appropriate, we can engage in negotiations with your employer to reach a settlement before taking the case to a tribunal. This could involve seeking compensation or other forms of resolution.
  1. Preparing Tribunal Claims:
    • Tribunal Proceedings: If a resolution cannot be reached through negotiations we can prepare and submit a claim to an employment tribunal on your behalf.
  1. Representation at Tribunal:
    • We can represent you during tribunal hearings, presenting the case, examining witnesses, and making legal arguments to support your claim.
  1. Appeals:
    • Appeal Process: If the initial tribunal decision is unfavourable, we can guide you through the process of appealing the decision to a higher tribunal.
  1. Legal Costs:
    • Cost Advice: We can advise you on the potential costs involved in pursuing a wrongful dismissal case, including legal fees and potential awards or settlements.

 Get in touch:

For advice on wrongful dismissal or whether you have a claim, please contact our Employment Law team on 01908 660966 or 01604 828282 or email info@franklins-sols.co.uk or click on the button to arrange for someone to get in touch.

 

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Frequently Asked Questions about Wrongful Dismissal

What is wrongful dismissal?

Wrongful dismissal refers to the termination of an employment contract in a manner that breaches the terms of the contract, resulting in unfair treatment of the employee. This typically involves the employer ending the employment relationship in a way that goes against the terms and conditions specified in the employment contract.

What are some common reasons for wrongful dismissal?

There are various reasons why a dismissal might be considered wrongful, including:

  • Breach of Contract: Termination without following proper procedures or without a valid reason specified in the contract.
  • Unfair Dismissal: Dismissal for unfair or unjustified reasons, such as discrimination.
  • Failure to Provide Notice Pay or Payment in Lieu of Notice: Not providing the required notice period payment or compensation in lieu of notice.
  • Breach of Statutory Rights: Breaching statutory rights, such as discrimination laws or maternity leave rights.

How can Franklins Solicitors help if I believe I've been wrongfully dismissed?

We offer a comprehensive range of services to assist you with a wrongful dismissal claim:

  • Legal Advice:
    • Initial Assessment: We provide an initial assessment of your dismissal circumstances.
    • Legal Rights: We advise you on your employment rights and whether your dismissal breaches current employment legislation or your employment contract terms.
  • Documentation Review:
    • Employment Contract: We review your contract before assessing whether any breaches have occurred.
    • Notice Period: We examine whether the required notice period or compensation was provided.
  • Collecting Evidence:
    • Gathering Information: We help you gather necessary evidence such as employment records, emails, and witness statements to substantiate your claims.
  • Negotiations:
    • Settlement Discussions: We engage in negotiations with your employer on your behalf to seek resolution before escalating to a tribunal.
  • Preparing Tribunal Claims:
    • Tribunal Proceedings: If needed, we prepare and submit a claim to an employment tribunal on your behalf.
  • Representation at Tribunal:
    • We can represent you during tribunal hearings, guiding you throughout the process.
  • Appeals:
    • Appeal Process: We guide you through the process of appealing a tribunal decision if necessary.
  • Legal Costs:
    • Cost Advice: We provide advice on potential costs involved, including legal fees and potential awards or settlement figures that could be achieved.

What should I do if I think I've been wrongfully dismissed?

If you believe you have been wrongfully dismissed, contact our Employment Law team for a consultation. We will assess your situation and provide tailored advice on how to proceed.

How can I contact Franklins Solicitors for advice on wrongful dismissal?

You can reach our Employment Law team by calling 01908 660966 or 01604 828282. Alternatively, you can email us at info@franklins-sols.co.uk or click on the button on our website to arrange for someone to get in touch.

Contact the Franklins Employment Law team

If you have any questions about employment law, please don’t hesitate to contact our team of experts who are on hand and ready to help you.